other than:
- (d)
- a Chapter 8 agreement:
- (i)
- that is:
(A) a currency swap; or
(B) an interest rate swap; or
(C) a forward exchange rate contract; or
(D) a forward interest rate contract; and
- (ii)
- to which an
Australian bank, or a merchant bank as defined by
subsection (4), is a party; or
- (e)
- a Chapter 8 agreement that, when entered into, is in a class of
agreements prescribed for the purposes of this paragraph.
- Note: Regulations under subsection 72A(2) may provide that specified
provisions of this Act and the regulations apply in relation to Chapter 8
agreements to which section 72A applies as if the agreements were
futures contracts.
(2) Where a Chapter 8 agreement that was not a futures contract when it
was entered into becomes a futures contract at a later time:
- (a)
- the parties
to the Chapter 8 agreement are taken to enter into a futures contract at
the later time; and
- (b)
- the Chapter 8 agreement is taken to constitute the futures contract
referred to in paragraph (a).
(3) Nothing in this Act limits the manner in which a class of futures
contracts may be determined and such a class may be determined according to
any criteria relevant to futures contracts.
(4) For the purposes of subparagraph (1)(d)(ii), a body corporate is a
merchant bank at a particular time if, and only if, it is at that time a
registered corporation in:
- (a)
- the category for authorised money market
dealers or, if there is at that time no such category, a prescribed category;
or
- (b)
- the category for money market corporations or, if there is at that time no
such category, a prescribed category.
(5) An expression has the same meaning in subsection (4) as in the
Financial Corporations Act 1974 .