Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.1.09

Obligations related to clearing and settlement facility

  (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.

  (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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