Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:4:p54
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 4 (pt 54/60)
Character Range: 959035–961964

contributed by the client for establishing the margin lending facility has been taken out—whether the security for the loan includes the primary residential property of the client;
 (c) whether there is a guarantor for the margin lending facility, and, if so:
 (i) if the authorised representative has the necessary information—a statement as to whether the guarantor has been appropriately informed of, and warned about, the risks and possible consequences of providing the guarantee; or
 (ii) if the authorised representative does not have the necessary information—a statement that the authorised representative does not have the information;
 (d) the amount of any other debt incurred by the client;
 (e) any other matter that ASIC has specified in a legislative instrument for subregulation (2).
 (2) ASIC may specify in a legislative instrument any matter ASIC considers to be relevant for the purpose of establishing whether the margin lending facility, or the margin lending facility with the increased limit, is unsuitable for the client.

7.7.09BB  Modification of subsection 947C(4) of the Act
  For paragraph 951C(1)(c) of the Act, Part 7.7 of the Act applies as if subsection 947C(4) of the Act were modified by:
 (a) substituting the full stop at the end of paragraph (c) with a semi‑colon; and
 (b) inserting after paragraph (c) the following paragraph:
 '(d) that ASIC may specify in a legislative instrument matters ASIC considers to be relevant for the purposes of paragraph 947C(2)(h) of the Act.'

7.7.09BC  Statement of Advice given by financial services licensee: non‑monetary benefit that is not conflicted remuneration
 (1) This regulation is made for paragraph 947B(4)(b) of the Act.
 (2) Information about a non‑monetary benefit that, in accordance with paragraph 963C(1)(b) of the Act, is not conflicted remuneration is not required by paragraph 947B(2)(d) of the Act.
Note: Under paragraph 963C(1)(b) of the Act, if a non‑monetary benefit is given to a financial services licensee, or a representative of a financial services licensee, who provides financial advice, is less than the prescribed amount and identical or similar benefits are not given on a frequent or regular basis, the benefit is not conflicted remuneration.

7.7.09BD  Statement of Advice given by authorised representative: non‑monetary benefit that is not conflicted remuneration
 (1) This regulation is made for paragraph 947C(4)(b) of the Act.
 (2) Information about a non‑monetary benefit that, in accordance with paragraph 963C(1)(b) of the Act, is not conflicted remuneration is not required by paragraph 947C(2)(e) of the Act.
Note: Under paragraph 963C(1)(b) of the Act, if a non‑monetary benefit is given to a financial services licensee, or a representative of a financial services licensee, who provides financial advice, is less than the prescribed amount and identical or similar benefits are not given on a frequent or