Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p31
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 31/43)
Character Range: 779737–782529

relation to a friendly society funeral product, or dealing in a friendly society funeral product;
 (ii) the person is a funeral services entity, or an employee, director or other officer of a funeral services entity;
 (iii) the financial service is provided in the funeral services entity's ordinary course of business as a funeral services entity;
 (u) a financial service provided by a person in the following circumstances:
 (i) the financial service is advice included in a document issued in connection with a takeover bid or an offer of a financial product;
 (ii) the advice is an opinion on matters other than financial products and does not include advice on a financial product;
 (iii) the document includes a statement that the person is not operating under an Australian financial services licence when giving the advice;
 (iv) the person discloses, in the document, the information mentioned in paragraphs 947B(2)(d) and (e) of the Act;
Example: A geologist's report on a mining lease included in a PDS.
 (v) a financial service provided by a person (the nominee) in the following circumstances:
 (i) the nominee holds a financial product or a beneficial interest in a financial product on trust for or on behalf of a client of a financial services licensee who is a participant in a licensed market (the participant);
 (ii) the financial product:
 (A) was acquired on the licensed market by the participant on behalf of the client; or
 (B) is to be disposed of on the licensed market by the participant on behalf of the client;
 (iii) the participant is authorised by an Australian financial services licence to provide a custodial or depository service;
 (iv) the participant's licence is subject to a condition requiring it to assume responsibility for the conduct of the nominee in relation to the provision of a financial service mentioned in this paragraph;
 (v) the nominee is a wholly‑owned subsidiary of the participant;
 (w) a financial service that is provided:
 (i) by the Export Finance and Insurance Corporation established by the Export Finance and Insurance Corporation Act 1991; and
 (ii) only to a wholesale client;
 (x) a service in relation to a litigation funding scheme mentioned in regulation 5C.11.01;
 (y) a service in relation to a litigation funding arrangement mentioned in regulation 5C.11.01;
 (z) a financial service provided by a person in the following circumstances:
 (i) the person is:
 (A) the operator of a qualifying gas trading exchange; or
 (B) a participant in relation to a qualifying gas trading exchange;
 (ii) the service is provided in relation to a qualifying gas exchange product traded on the qualifying gas trading exchange;
 (za) the provision of financial product advice to a client by a financial capability service provider as