Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_761g:p2
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 761G (pt 2/4)
Character Range: 37719–40388

prescribed by regulations made for the purposes of this subparagraph.
In any other cases, the provision to a person of a financial product that is, or a financial service that relates to, a general insurance product does not constitute the provision of a financial product or financial service to the person as a retail client.

Superannuation products and RSA products

 (6) For the purposes of this Chapter:
 (a) if a financial product provided to a person is a superannuation product or an RSA product, the product is provided to the person as a retail client; and
 (b) if a financial service (other than the provision of a financial product) provided to a person who is not covered by subparagraph (c)(i) or (ii) relates to a superannuation product or an RSA product, the service is provided to the person as a retail client; and
 (c) if a financial service (other than the provision of a financial product) provided to a person who is:
 (i) the trustee of a superannuation fund, an approved deposit fund, a pooled superannuation trust or a public sector superannuation scheme (within the meaning of the Superannuation Industry (Supervision) Act 1993) that has net assets of at least $10 million; or
 (ii) an RSA provider (within the meaning of the Retirement Savings Accounts Act 1997);

  relates to a superannuation product or an RSA product, that does not constitute the provision of a financial service to the person as a retail client.

Other kinds of financial product

 (7) For the purposes of this Chapter, if a financial product is not, or a financial service provided to a person does not relate to, a general insurance product, a superannuation product or an RSA product, the product or service is provided to the person as a retail client unless one or more of the following paragraphs apply:
 (a) the price for the provision of the financial product, or the value of the financial product to which the financial service relates, equals or exceeds the amount specified in regulations made for the purposes of this paragraph as being applicable in the circumstances (but see also subsection (10)); or
 (b) the financial product, or the financial service, is provided for use in connection with a business that is not a small business (see subsection (12));
 (c) the financial product, or the financial service, is not provided for use in connection with a business, and the person who acquires the product or service gives the provider of the product or service, before the provision of the product or service, a copy of a certificate given within the preceding 6 months by a qualified accountant (as defined in section 9) that states that the person: