Document ID: chunk:federal_register_of_legislation:C2020A00135:clause:3_12dv
Version: federal_register_of_legislation:C2020A00135
Segment Type: clause
Provision Reference: sch 3 cl 12DV
Character Range: 52192–53204

12DV  Exception for product covered by product intervention order
 (1) Section 12DQ does not apply in relation to the sale of an add‑on insurance product by a person if a product intervention order in force under Part 7.9A of the Corporations Act 2001:
 (a) covers that sale; and
 (b) provides for a period during which the product must not be sold.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3) of the Criminal Code.
 (2) Sections 12DR and 12DS do not apply in relation to:
 (a) an offer to issue or sell; or
 (b) a request or invitation to ask or apply for;
an add‑on insurance product that would, if offered to a consumer, be covered by a product intervention order in force under Part 7.9A of the Corporations Act 2001 that provides for a period during which the product must not be sold to the consumer.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code.