Corporations Amendment Regulations 2002 (No. 3) (41 of 2002)

Schedule 1   Amendments commencing at 12.02 am (in the Australian Capital Territory) on 11 March 2002

[9]   After regulation 7.1.04A

insert

7.1.04B Meaning of class of financial products (managed investment schemes)

(1) For section 761CA of the Act, this regulation applies in relation to paragraph 1017F (4) (d) of the Act.

(2) An interest in a managed investment scheme is in the same class as another interest in a managed investment scheme if they are both interests in the same managed investment scheme.

7.1.04C Meaning of class of financial products (superannuation products)

(1) For section 761CA of the Act, this regulation applies in relation to paragraph 1017F (4) (d) of the Act.

(2) A superannuation product is in the same class as another superannuation product if they are both issued by the same superannuation entity.

7.1.04D Meaning of issuer for certain derivatives

(1) This regulation applies in relation to a financial product that:

(a) is a derivative; and

(b) is entered into, or acquired through a facility conducted in accordance with:

(i) theCorporations (Exempt Futures Market - National Wholesale Electricity) Declaration 1999; or

(ii) theCorporations (Exempt Futures Market) Declaration 2001.

(2) For paragraph 761E (7) (a) of the Act, each person who is a party to the financial product is taken to be an issuer of the financial product.

(3) For paragraph 761E (7) (a) of the Act, subsections 761E (5) and (6) of the Act do not apply to the financial product.