Document ID: chunk:federal_register_of_legislation:F2024C00882:reg:25:p1
Version: federal_register_of_legislation:F2024C00882
Segment Type: reg
Provision Reference: reg 25 (pt 1/3)
Character Range: 125451–128139

25  Activities exempt from requiring a licence
 (1) For the purposes of paragraph 110(1)(b) of the Act, this regulation exempts certain credit activities from:
 (a) section 29 of the Act; and
 (b) definitions in the Act, as they apply to references in the provisions mentioned in paragraph (a); and
 (c) instruments made for the purposes of any of the provisions mentioned in paragraphs (a) and (b).
Note: Section 29 of the Act provides that a person must not engage in a credit activity if the person does not hold a licence authorising the person to engage in the credit activity.
 (2) A credit activity is exempted if:
 (a) the activity consists only of:
 (i) a person (person 1) informing another person (person 2) that a licensee or registered person, or a representative of the licensee or registered person, is able to provide a particular credit activity or a class of credit activities; and
 (ii) person 1 giving person 2 information about how person 2 may contact the licensee, registered person or representative; and
 (b) at the time the activity is engaged in, person 1 discloses to person 2:
 (i) any benefits, including indirect remuneration, that person 1, or an associate of person 1, may receive in respect of the activity; and
 (ii) any benefits, including indirect remuneration, that person 1, or an associate of person 1, may receive that are attributable to the activity; and
 (c) the disclosure mentioned in paragraph (b) is provided in the same form as the information mentioned in paragraph (a).
 (2A) A credit activity is exempted if:
 (a) the activity consists only of:
 (i) a person (person 1) informing another person (person 2) that a licensee or registered person, or a representative of the licensee or registered person, is able to provide a particular credit activity or a class of credit activities; and
 (ii) person 1 giving person 2 information about how person 2 may contact the licensee, registered person or representative; and
 (iii) person 1 making arrangements enabling person 2 to contact the licensee, registered person or representative by means of a link that can be accessed from a website provided by or for person 1 or an associate of person 1; and
 (b) at the time the activity is engaged in, person 1 discloses to person 2:
 (i) any benefits, including indirect remuneration, that person 1, or an associate of person 1, may receive in respect of the activity; and
 (ii) any benefits, including indirect remuneration, that person 1, or an associate of person 1, may receive that are attributable to the activity; and
 (c) the disclosure mentioned in paragraph (b) is provided in the same form as the information mentioned in subparagraph