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 763D   WHEN A PERSON MAKES NON-CASH PAYMENTS  

763D(1)   [ ``makes non-cash payments'']  

For the purposes of this Chapter, a person makes non-cash payments if they make payments, or cause payments to be made, otherwise than by the physical delivery of Australian or foreign currency in the form of notes and/or coins.

Note: Examples of actions that constitute making non-cash payments are:

  • (a) making payments by means of a facility for direct debit of a deposit account; or
  • (b) making payments by means of a facility for the use of cheques; or
  • (c) making payments by means of a purchased payment facility within the meaning of the Payment Systems (Regulation) Act 1998 , such as a smart card; or
  • (d) making payments by means of traveller's cheques (whether denominated in Australian or foreign currency).
  • 763D(2)   [ Exceptions]  

    For the purposes of this Chapter, the following are not making non-cash payments , even if they might otherwise be covered by subsection (1):


    (a) making payments by means of a facility in relation to which one of the following applies:


    (i) there is only one person to whom payments can be made by means of the facility;

    (ii) the facility is, or is of a kind, specified in the regulations as being a facility that is not to be covered by this section because of restrictions relating to the number of people to whom payments can be made by means of the facility, or relating to the number of persons who can use the facility to make payments;


    (b) making payments by means of:


    (i) a letter of credit from a financial institution; or

    (ii) a cheque drawn by a financial institution on itself; or

    (iii) a guarantee given by a financial institution.


     

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