Commentary on Sections Structure of Chapters Overview Section 516: Meaning of “personal portfolio bond”
2040.This section is based on regulation 4 of PPB(T)R. All of the types of policy or contract mentioned in section 473(1) have the potential to be a personal portfolio bond, if conditions A and B in this section are met. But, even if those conditions were met, the exclusions mentioned in section 473(3) would apply to take such policies and contracts out of the scope of this special charge.
2041.Subsection (2) sets out condition A. This is the portfolio element in a personal portfolio bond.
2042.Subsection (4) sets out condition B. This is the personal element in a personal portfolio bond. The list of persons who may be able to select property or an index includes, for example, a financial adviser who acts on behalf of a policy holder, as well as anyone “connected” with the policy holder. Section 878 of this Act applies the “connected persons” rules in section 839 of ICTA for the purposes of this Act.
2043.See also section 546 (table of provisions subject to special rules for older policies and contracts).