Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p79
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 79/148)
Character Range: 529540–532312

(i) does not relate to the acquisition or disposal by the superannuation fund of specific financial products or classes of financial products; and
 (ii) does not include a recommendation that a person acquire or dispose of a superannuation product; and
 (iii) does not include a recommendation in relation to a person's existing holding in a superannuation product to modify an investment strategy or a contribution level; and
 (d) if the advice constitutes financial product advice provided to a retail client—the advice includes, or is accompanied by, a written statement that:
 (i) the person providing the advice is not licensed to provide financial product advice under the Act; and
 (ii) the client should consider taking advice from the holder of an Australian Financial Services Licence before making a decision on a financial product.
 (6) In this regulation:
exempt document or statement has the meaning given by subsection 766B(9) of the Act.
generic means without reference to a particular brand or product issuer.
interested party means:
 (a) an associate within the meaning of Division 2 of Part 1.2 of the Act; or
 (b) a manager; or
 (c) an officer; or
 (d) a trustee or director of a trustee.

7.1.30  Information and advice about voting
  For paragraph 766A(2)(b) of the Act, a circumstance in which a person is taken not to provide a financial service within the meaning of paragraph 766A(1)(a) of the Act is that:
 (a) the service provided by the person consists only of advising another person in relation to the manner in which:
 (i) voting rights attaching to securities; or
 (ii) voting rights attaching to interests in managed investment schemes;
  may or should be exercised; and
 (b) the advice is not intended to influence any decision in relation to financial products other than a decision about voting; and
 (c) the advice could not be reasonably be regarded as intended to influence a decision in relation to financial products, other than a decision about voting; and
 (d) the advice does not relate to a vote that relates to a dealing in financial products.
Note: A service that includes advice which is intended to influence the decision to acquire securities in another company would be not provided in circumstances covered by this regulation.

7.1.31  Passing on prepared documents
  For paragraph 766A(2)(b) of the Act, a circumstance in which a person (person 1) is taken not to provide a financial service within the meaning of paragraph 766A(1)(a) of the Act is that:
 (a) person 1 provides a service to a person; and
 (b) the service consists only of passing on, publishing, distributing or otherwise disseminating a document that contains financial product advice; and
 (c) the document was provided by another person (person 2);