Document ID: chunk:federal_register_of_legislation:F2024C00882:reg:24:p3
Version: federal_register_of_legislation:F2024C00882
Segment Type: reg
Provision Reference: reg 24 (pt 3/4)
Character Range: 122869–125449

or other dissemination of a document; or
 (ii) a credit contract, consumer lease, mortgage or guarantee provided or offered by person 2; or
 (iii) a credit activity engaged in by person 2; and
 (b) person 2:
 (i) is not acting on behalf of person 1; and
 (ii) is a licensee, registered person or exempt special purpose funding entity; and
 (c) person 1 is not otherwise required to hold an Australian credit licence to engage in credit activities; and
 (d) either:
 (i) for a consumer in relation to a credit activity mentioned in paragraph (a):
 (A) the person performing the credit activity advises the consumer that person 2 is a licensee, registered person or exempt special purpose funding entity; and
 (B) if person 2 is a licensee—the person performing the credit activity gives the consumer the licence number of person 2; and
 (C) if person 2 is an exempt special purpose funding entity—person 1 gives the consumer the licence number of the licensee who is party to the servicing agreement with the entity; or
 (ii) a reasonable person would not consider that person 1 is the licensee, registered person or exempt special purpose funding entity in relation to credit activities being engaged in by person 2.
 (8) A credit activity is exempted if:
 (a) the credit activity consists only of a person (the provider) giving to another person (the inquirer), in response to a request made by the inquirer to the provider, information about:
 (i) the cost, or an estimate of the likely cost, of a credit contract or a consumer lease offered by a licensee, a registered person or an exempt special purpose funding entity; or
 (ii) terms and conditions of a credit contract or a consumer lease offered by a licensee, a registered person or an exempt special purpose funding entity; and
 (b) the provider could have complied with the request by giving the inquirer equivalent information about one or more other credit contracts or consumer leases offered by a licensee, a registered person or an exempt special purpose funding entity; and
 (c) the provider did not give the inquirer that equivalent information.
 (9) A credit activity is exempted if it is engaged in by a clerk or cashier in the ordinary course of activities as a clerk or cashier.
 (10) For the purposes of paragraph 110(1)(c) of the Act, the definition of lawyer in subsection 5(1) of the Act is modified for the purposes of this regulation to provide that lawyer means a duly qualified legal practitioner and, in relation to a person, means such a practitioner acting for the person.

Division 2—Modifications