A * hedging financial arrangement election applies to a * hedging financial arrangement:
(a) that you start to have in the income year in which you make the election or in a later income year; and
(b) that is not excluded from the application of the election by section 230 - 330.
Note: Subject to a determination by the Commissioner, the hedging financial arrangement election does not apply to a financial arrangement you start to have after you fail to comply with the requirements in sections 230 - 355 and 230 - 360 and paragraph 230 - 365(c) in relation to a hedging financial arrangement to which the election does apply: see section 230 - 385. See also subsection 230 - 305(1).