Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p82
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 82/148)
Character Range: 537086–539734

issued by an ADI in the following circumstances:
 (a) it is offered for issue to pupils at a school;
 (b) there is no regular account keeping fee charged for the product.

7.1.33G  Certain general advice that does not attract remuneration etc.
  For subsection 766A(2) of the Act, a person (the advisor) is taken not to provide a financial service if:
 (a) the advisor gives advice to another person; and
 (b) the advice:
 (i) is not about a particular financial product or an interest in a particular financial product; and
 (ii) is not personal advice; and
 (c) the advice:
 (i) is not intended to influence the other person in making a decision in relation to a particular financial product or an interest in a particular financial product; or
 (ii) could not reasonably be regarded as being intended to have such an influence; and
 (d) by giving the advice neither the advisor, nor an associate of the advisor, receives any remuneration (including commission) or other benefit that is related to the advice given apart from remuneration (including commission) or other benefit that the advisor or the associate would have received if the advice was not given.

7.1.33H  Certain general advice given by a financial product issuer
  For subsection 766A(2) of the Act, a financial product issuer is not taken to provide a financial service if:
 (a) the issuer gives advice to another person about:
 (i) a particular financial product or class of financial products issued by the issuer; or
 (ii) an interest in a particular financial product or a class of financial products issued by the issuer; and
 (b) the advice is not personal advice; and
 (c) the advice is given to the person at the same time as the issuer:
 (i) advises the person that the issuer is not licensed to provide financial product advice in relation to the product, class or interest, as the case may be; and
 (ii) recommends to the person that the person obtain a Product Disclosure Statement, if appropriate, and read it before making a decision to acquire the product or a product from the class of products, as the case may be; and
 (iii) if it is advice about the offer, issue or sale of a financial product—notifies the person about the availability or otherwise of a cooling‑off regime that applies in respect of the acquisition of the product, a product from the class of products or an interest in a product as the case may be (whether the regime is provided for by law or otherwise).

Division 4—Dealings in financial products

7.1.34  Conduct that does not constitute dealing in a financial product
 (1) This regulation does not apply in relation to a margin lending