Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.1 - PRELIMINARY  

Division 1 - General  

REGULATION 7.1.09   OBLIGATIONS RELATED TO CLEARING AND SETTLEMENT FACILITY  

7.1.09(1)    
For paragraph 768A(1)(b) of the Act, the following obligations are prescribed:

(a)    

each obligation arising from a contract to transfer a security;

(b)    

each obligation arising from a contract to transfer a managed investment product;

(c)    each obligation arising from acquiring or providing a financial product mentioned in paragraph 764A(1)(c) of the Act;

(d)    each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A(1)(j) of the Act;

(e)    each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A(1)(ba) of the Act;

(ea)    

each obligation arising from a contract to transfer a foreign passport fund product;

(f)    each obligation arising from a contract to transfer a financial product mentioned in paragraph 764A(1)(k) of the Act;

(fa)    

each obligation arising from a contract to transfer a carbon unit, an Australian carbon credit unit or an eligible international emissions unit;

Note: See paragraphs 764A(1)(ka) and (kb) of the Act.

(g)    each obligation arising from a contract to transfer a right that includes an undertaking by a body to repay, as a debt, money deposited with or lent to the body;

(h)    each obligation arising from the entry into a repurchase agreement.

7.1.09(2)    

In this regulation, repurchase agreement means a repurchase transaction, in relation to a financial product, entered into pursuant to:

(a)    The Bond Market Association and the International Securities Market Association Global Master Repurchase Agreement (known as the TBMA/ISMA Global Master Repurchase Agreement); or

(b)    another commonly used master agreement for repurchase transactions.