Section 763E — Corporations Act 2001: What if a financial product is only incidental?

(1) If: (a) something (the incidental product) that, but for this section, would be a financial product because of this Subdivision is: (i) an incidental component of a facility that also has other components; or (ii) a facility that is incidental to one or more other facilities; and (b) it is reasonable to assume that the main purpose of: (i) if subparagraph (a)(i) applies—the facility referred to in that subparagraph, when considered as a whole; or (ii) if subparagraph (a)(ii) applies—the incidental product, and the other facilities referred to in that subparagraph, when considered as a whole; is not a financial product purpose; the incidental product is not a financial product because of this Subdivision (however, it may still be a financial product because of Subdivision C). (2) In this section: financial product purpose means a purpose of: (a) making a financial investment; or (b) managing financial risk; or (c) making non-cash payments.