Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsFor the purposes of paragraph 984A(2)(a) of the Act, property given as mentioned in subsection 984A(1) of the Act is exempt from Division 3 of Part 7.8 of the Act at a time if:
(a) at that time the licensee has the client's written agreement to the property being dealt with other than in accordance with that Division; and
Note 1: It is not necessary for the agreement to mention that Division explicitly.
Note 2: If the licensee obtains the agreement after the property is given, that Division ceases to apply to the property when the licensee obtains the agreement.
(b) either:
(i) the financial service referred to in subparagraph 984A(1)(a)(i) of the Act is or relates to a dealing in a derivative; or
(ii) the financial product referred to in subparagraph 984A(1)(a)(ii) of the Act is a derivative; and
(c) the entry into of the derivative was not or will not be cleared through a clearing and settlement facility; and
(d) the financial service or product would have been provided to the client as a wholesale client if:
(i) the service or product were provided to the client when the property was given; and
(ii) section 761GA of the Act (about sophisticated investors) did not apply.