CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.1 - PRELIMINARY  

Division 3 - What is a financial product?  

Subdivision B - The general definition  

SECTION 763A   GENERAL DEFINITION OF FINANCIAL PRODUCT  

763A(1)   [ ``financial product'']  

For the purposes of this Chapter, a financial product is a facility through which, or through the acquisition of which, a person does one or more of the following:

(a) makes a financial investment (see section 763B );

(b) manages financial risk (see section 763C );

(c) makes non-cash payments (see section 763D ).

This has effect subject to section 763E .

763A(2)   [ ``financial product'']  

For the purposes of this Chapter, a particular facility that is of a kind through which people commonly make financial investments, manage financial risks or make non-cash payments is a financial product even if that facility is acquired by a particular person for some other purpose.

763A(3)   [ Financial product acquired by another]  

A facility does not cease to be a financial product merely because:

(a) the facility has been acquired by a person other than the person to whom it was originally issued; and

(b) that person, in acquiring the product, was not making a financial investment or managing a financial risk.