Document ID: chunk:federal_register_of_legislation:C2025C00185:section:994a:p1
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 994A (pt 1/2)
Character Range: 4156097–4158808

994A  Meaning of some terms relating to design and distribution requirements
 (1) In this Act:

       excluded conduct means:
 (a) a dealing in a financial product that consists of arranging for a retail client to apply for or acquire the product, where the arranging is undertaken:
 (i) by a person, or by an associate of a person; and
 (ii) for the purpose of implementing personal advice that the person has given to the retail client; or
 (b) providing personal advice.

       retail product distribution conduct, in relation to a financial product, means any of the following:
 (a) dealing in the product in relation to a retail client;
 (b) giving under Part 6D.2 a disclosure document in relation to an offer of the product to a retail client;
 (c) giving under Part 7.9 a Product Disclosure Statement for the product to a retail client;
 (d) providing financial product advice in relation to the product to a retail client.

       review period for a target market determination means each of the following:
 (a) the period starting on the day the determination is made and ending on the earlier of:
 (i) the day that a review of the determination under section 994C is started; and
 (ii) the last day of the maximum period specified in the determination under paragraph 994B(5)(e);
 (b) a period starting on the day after a review of the determination under section 994C is finished and ending on the earlier of:
 (i) the day on which the next review of the determination under section 994C is started; and
 (ii) the last day of the maximum period specified in the determination under paragraph 994B(5)(f).
 (2) In this Part:
complaint, in relation to a financial product, means a complaint made to a regulated person about the product, which is covered by a dispute resolution system complying with subsection 912A(2).
dealing in a financial product has the meaning given by section 766C, subject to the following:
 (a) paragraphs 766C(1)(d) and (e) do not apply;
 (b) despite subsection 766C(3), a person deals in a financial product if the dealing is a regulated sale of the product on the person's own behalf;
 (c) paragraph 766C(4)(c) does not apply if the dealing is an offer of securities that needs disclosure to investors under Part 6D.2.
regulated person, in relation to a financial product, means:
 (a) the seller of the financial product, if a sale takes place in circumstances described in subsection 707(2), (3) or (5) or 1012C(5), (6) or (8); or
 (b) a regulated person as defined in section 1011B (modified so that the references to financial products include references to securities); or
 (c) a person prescribed, in relation to the product, by regulations made for the purposes of