Document ID: chunk:federal_register_of_legislation:F2023C00928:reg:8:p29
Version: federal_register_of_legislation:F2023C00928
Segment Type: reg
Provision Reference: reg 8 (pt 29/34)
Character Range: 88289–91171

clients during the first 12 months for which it provides those services for a MDA service.
                  912AG  Interpretation

              (1) In this section and in sections 912AE to 912AFE, a document is given to a person only when:
                  (a) it is received in accessible form by that person or their agent (eligible agent), being an agent who is not one of the following:
                     (i) a licensee who provides or is to provide a MDA to the person; or
                     (ii) an external MDA custodian who provides custodial or depository services for the person; or
                     (iii) an external MDA adviser, who provides financial product advice to the person; or
                     (iv) an associate of a person in subparagraph (i) to (iii); or
                  (b) if there is no way of sending the document that may reasonably be expected to result in it being received by the person or their eligible agent—when all reasonable steps are taken to send it to the person or their eligible agent; or
                  (c) one business day after an email is sent to the email address of the person or their eligible agent that the sender reasonably believes is the address of the person or eligible agent where the person has agreed to receive the document by email; or
                  (d) one business day after an email is sent containing a link to or the electronic address of the document to the email address of the person or their eligible agent that the sender reasonably believes is the address of the person or eligible agent where:
                     (i) the person has agreed to receive documents in that manner; and
                     (ii) the document can be downloaded free of charge (excluding any normal fees payable to the recipient's internet service provider); or
                   (e) when it would be delivered in the ordinary course of post, if it is posted as a letter prepaid from the sender to an address of the person or their eligible agent that the sender reasonably believes is the address of the person or eligible agent; or
                  (f) a copy of the document is given in accordance with any of paragraphs (a) to (e) and the giver takes reasonable steps to ensure that the document received by the person is complete and unaltered.
              (2) For the purposes of subsection (1):
                  (a) an email is sent when the email would be taken to be dispatched under section 14 of the Electronic Transactions Act 1999 if it applied to that subsection; and
                  (b) a document is taken to be a copy of another document regardless of:
                     (i) immaterial differences in the sequence in which information is presented; and
                     (ii) prompts and links if they are not likely to:
                         (A) cause a reasonable person to