Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12baa:p4
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12BAA (pt 4/5)
Character Range: 69992–72730

(ba) insurance provided as part of a health‑related business (as defined by section 131‑15 of that Act) that is conducted through a health benefits fund (as defined by section 131‑10 of that Act);
 (c) State insurance or Northern Territory insurance, including insurance entered into by:
 (i) a State or the Northern Territory; and
 (ii) some other insurer;
  as joint insurers;
 (d) a facility:
 (i) that is an approved RTGS system for the purposes of the Payment Systems and Netting Act 1998; or
 (ii) for the transmission and reconciliation of non‑cash payments (see subsection (6)), and the establishment of final positions, for settlement through an approved RTGS system within the meaning of the Payment Systems and Netting Act 1998;
 (e) a facility that is a designated payment system for the purposes of the Payment Systems (Regulation) Act 1998;
 (f) a facility for the exchange and settlement of non‑cash payments (see subsection (6)) between providers of non‑cash payment facilities;
 (g) a facility that is:
 (i) a financial market; or
 (ii) a clearing and settlement facility; or
 (iii) a payment system operated as part of a clearing and settlement facility; or
 (iv) a derivative trade repository;
 (h) so much of an arrangement as is not a derivative because of paragraph 761D(3)(a) of the Corporations Act;
 (i) an arrangement that is not a derivative because of paragraph 761D(3)(b) of the Corporations Act;
 (j) an arrangement that is not a derivative because of subsection 761D(4) of the Corporations Act;
 (k) any of the following:
 (i) an interest in something that is not a managed investment scheme because of paragraph (c), (e), (f), (k), (l) or (m) of the definition of managed investment scheme in section 9 of the Corporations Act;
 (ii) a legal or equitable right or interest in an interest covered by subparagraph (i);
 (iii) an option to acquire, by way of issue, an interest or right covered by subparagraph (i);
 (m) a deposit‑taking facility that is used for State banking;
 (n) equipment or infrastructure by which something else that is a financial product is provided;
 (o) a funeral benefit;
 (p) a facility, interest or other thing declared by regulations made for the purposes of this subsection not to be a financial product.
 (9) For the purpose of paragraphs (7)(d) and (e), contract of insurance includes:
 (a) a contract that would ordinarily be regarded as a contract of insurance even if some of its provisions are not by way of insurance; and
 (b) a contract that includes provisions of insurance in so far as those provisions are concerned, even if the contract would not ordinarily be regarded as a contract of insurance.
 (10) To avoid doubt, a funeral expenses facility is not a funeral