Document ID: chunk:federal_register_of_legislation:C2020A00135:clause:3_12ds
Version: federal_register_of_legislation:C2020A00135
Segment Type: clause
Provision Reference: sch 3 cl 12DS
Character Range: 47903–49722

12DS  Prohibition on offering add‑on insurance product—customer opt‑out
 (1) A person (the first person) contravenes this subsection if:
 (a) another person (the customer) acquires, or enters into a commitment to acquire, a product or service (the principal product or service); and
 (b) the first person offers a financial product for issue or sale to the customer, or requests or invites the customer to ask or apply for a financial product or to purchase a financial product; and
 (c) the financial product is an add‑on insurance product in relation to the principal product or service; and
 (d) before the offer, request or invitation is made, the customer informs the first person that the customer does not want to receive such offers, requests or invitations.
Note: Failure to comply with this subsection is an offence (see section 12GB).
 (2) A person (the first person) contravenes this subsection if:
 (a) another person (the customer) acquires, or enters into a commitment to acquire, a product or service (the principal product or service); and
 (b) the first person offers a financial product for issue or sale to the customer, or requests or invites the customer to ask or apply for a financial product or to purchase a financial product; and
 (c) the financial product is an add‑on insurance product in relation to the principal product or service; and
 (d) before the offer, request or invitation is made, the customer informs any of the following that the customer does not want to receive such offers, requests or invitations:
 (i) the person who provided the principal product or service (if that person is not the first person);
 (ii) any person (other than the first person) with whom the person mentioned in subparagraph (i) has an arrangement of a kind mentioned in subparagraph 12DO(1)(b)(ii).