The general exemptions in s 765A of the Corporations Act 2001 (Cth), including the credit facility exclusion, apply when determining whether a product is a 'Division 3 financial product' under s 1042A for the purposes of the insider trading provisions. Spot Contracts for Difference are derivatives within s 761D(1) and are not excluded as credit facilities (because daily payment obligations arise immediately, not by deferral of debt) or as contracts for future services (because the substance of the contract is the creation of payment obligations by reference to price fluctuations, with facilitating services being merely ancillary). The characterisation of whether an arrangement is a credit facility must be undertaken by reference to contractual rights and obligations, not by reference to perceived economic equivalence to a loan.
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