Document ID: chunk:federal_register_of_legislation:C2019A00050:clause:1_994a:p1
Version: federal_register_of_legislation:C2019A00050
Segment Type: clause
Provision Reference: sch 1 cl 994A (pt 1/2)
Character Range: 3849–6718

994A  Definitions
 (1) In this Part:
appropriate: a target market determination for a financial product is appropriate if it satisfies the requirements of subsection 994B(8).
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.
distribution condition has the meaning given by paragraph 994B(5)(c).
distribution information, in relation to a financial product, has the meaning given by subsection 994F(3).
excluded conduct means:
 (a) an excluded dealing; or
 (b) providing personal advice.
excluded dealing means 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:
 (a) by a person, or by an associate of a person; and
 (b) for the purpose of implementing personal advice that the person has given to the retail client.
financial product has the meaning given by subsection 994AA(1).
MySuper product has the same meaning as in the Superannuation Industry (Supervision) Act 1993.
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 this paragraph.
regulated sale means a sale:
 (a) that, under subsection 707(2), (3) or (5), needs disclosure to investors under Part 6D.2; or
 (b) in relation to which a Product Disclosure Statement must be given under subsection 1012C(5), (6) or (8); or
 (c) made in circumstances prescribed by regulations made for the purposes of this paragraph.
reporting period means:
 (a) for information about the number of complaints about a financial product—a period specified under paragraph 994B(5)(g), in the target market determination for the product, as a reporting period for that kind of information; or
 (b) for other kinds of information that must be reported under subsection 994F(5)—a period specified under subparagraph 994B(5)(h)(ii), in the target market determination for the product, as a reporting period for those other kinds of information.
retail product