sec.289AExemption—asset-backed security

### sec.289A Exemption—asset-backed security Mortgage duty is not imposed on the following— a mortgage of an asset-backed security or release of mortgage of an asset-backed security; a mortgage of a financial asset or pool of financial assets or part of a pool of financial assets for creating, issuing, marketing or securing an asset-backed security— to a person entitled to an asset-backed security or a trustee or agent for a person entitled to an asset-backed security; or by or to a person who issues, makes or endorses an asset-backed security; or to a person who provides security, whether as guarantor, surety or otherwise, to a person entitled to an asset-backed security or a trustee or agent for a person entitled to an asset-backed security; a mortgage of an instrument— issued or made for creating, issuing, marketing or securing payments under an asset-backed security; and that is of a class prescribed under a regulation. s 289A ins 2002 No. 65 s 27 (retro) - (a) a mortgage of an asset-backed security or release of mortgage of an asset-backed security; - (b) a mortgage of a financial asset or pool of financial assets or part of a pool of financial assets for creating, issuing, marketing or securing an asset-backed security— (i) to a person entitled to an asset-backed security or a trustee or agent for a person entitled to an asset-backed security; or (ii) by or to a person who issues, makes or endorses an asset-backed security; or (iii) to a person who provides security, whether as guarantor, surety or otherwise, to a person entitled to an asset-backed security or a trustee or agent for a person entitled to an asset-backed security; - (i) to a person entitled to an asset-backed security or a trustee or agent for a person entitled to an asset-backed security; or - (ii) by or to a person who issues, makes or endorses an asset-backed security; or - (iii) to a person who provides security, whether as guarantor, surety or otherwise, to a person entitled to an asset-backed security or a trustee or agent for a person entitled to an asset-backed security; - (c) a mortgage of an instrument— (i) issued or made for creating, issuing, marketing or securing payments under an asset-backed security; and (ii) that is of a class prescribed under a regulation. - (i) issued or made for creating, issuing, marketing or securing payments under an asset-backed security; and - (ii) that is of a class prescribed under a regulation. - (i) to a person entitled to an asset-backed security or a trustee or agent for a person entitled to an asset-backed security; or - (ii) by or to a person who issues, makes or endorses an asset-backed security; or - (iii) to a person who provides security, whether as guarantor, surety or otherwise, to a person entitled to an asset-backed security or a trustee or agent for a person entitled to an asset-backed security; - (i) issued or made for creating, issuing, marketing or securing payments under an asset-backed security; and - (ii) that is of a class prescribed under a regulation.