Document ID: chunk:federal_register_of_legislation:F2024C00882:reg:24:p2
Version: federal_register_of_legislation:F2024C00882
Segment Type: reg
Provision Reference: reg 24 (pt 2/4)
Character Range: 120480–123095

party holds out or advertises to consumers that the lawyer is able to provide a debt management service; and
 (c) there is an arrangement between the third party and the lawyer by which the third party regularly refers persons for the purpose of being provided a debt management service.
 (5) A credit activity is exempted if:
 (a) it is engaged in by a tax agent in the following circumstances:
 (i) the tax agent is registered under Part 2 of the Tax Agent Services Act 2009;
 (ii) the tax agent engages in the credit activity in the ordinary course of activities as a tax agent; and
 (b) it is a credit activity mentioned in item 2 of the table in subsection 6(1) of the Act; and
 (c) it does not involve providing a certificate or assessment (however described) relating to whether a consumer will be able to meet financial obligations under a credit contract or consumer lease.
 (6) A credit activity is exempted if:
 (a) the credit activity consists only of a person (person 1) passing on, publishing, distributing or otherwise disseminating a document that was provided or approved by another person (person 2); and
 (b) person 2:
 (i) is not acting on behalf of person 1; and
 (ii) is a licensee, registered person or exempt special purpose funding entity; and
 (c) person 1 is not otherwise required to hold an Australian credit licence to engage in credit activities; and
 (d) either:
 (i) for a consumer in relation to the credit activity mentioned in paragraph (a):
 (A) person 1 advises the consumer that person 2 is a licensee, registered person or exempt special purpose funding entity; and
 (B) if person 2 is a licensee—person 1 gives the consumer the licence number of person 2; and
 (C) if person 2 is an exempt special purpose funding entity—person 1 gives the consumer the licence number of the licensee who is party to the servicing agreement with the entity; or
 (ii) a reasonable person would not consider that person 1 is the licensee, registered person or exempt special purpose funding entity in relation to credit activities being engaged in by person 2; and
 (e) person 2 approved the content of the document.
 (7) A credit activity is exempted if:
 (a) the credit activity consists only of a person (person 1) allowing another person (person 2) to use person 1's business name, logo or trade mark in relation to:
 (i) the passing on, publishing, distributing or other dissemination of a document; or
 (ii) a credit contract, consumer lease, mortgage or guarantee provided or offered by person 2; or
 (iii) a credit activity engaged in by person 2; and
 (b) person 2:
 (i) is not acting