Corporations Regulations 2001
[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
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.
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