Document ID: chunk:federal_register_of_legislation:C2020A00135:clause:7_12:p1
Version: federal_register_of_legislation:C2020A00135
Segment Type: clause
Provision Reference: sch 7 cl 12 (pt 1/2)
Character Range: 94118–96950

12  After paragraph 911A(2)(ej)
Insert:
 (ek) the service is a claims handling and settling service in relation to an insurance product, and the person providing the service is not one of the following:
 (i) the insurer under the insurance product;
 (ii) an insurance fulfilment provider who has authority from the insurer to reject all or part of a claim under the insurance product;
 (iii) an insurance claims manager;
 (iv) an insurance broker (within the meaning of the Insurance Contracts Act 1984) who provides the claims handling and settling service in relation to the insurance product on behalf of the insurer;
 (v) a person who has provided, or has entered into an arrangement to provide, financial product advice to a person insured under the insurance product (including a person insured as a third party beneficiary under the contract of insurance that constitutes the insurance product, within the meaning of the Insurance Contracts Act 1984) and who also provides the claims handling and settling service on behalf of the insurer under the insurance product;
 (vi) if the insurance product is prescribed by the regulations for the purposes of this subparagraph—a claimant intermediary representing a person insured under the product in pursuing a claim under the product;
 (el) the service is a claims handling and settling service in relation to an insurance product and all of the following apply:
 (i) the claims handling and settling service is provided under an arrangement between the issuer of the insurance product and a financial services licensee;
 (ii) the issuer of the insurance product is prescribed by the regulations, or of a class prescribed by the regulations;
 (iii) under the arrangement, the financial services licensee, or their authorised representatives, may provide the claims handling and settling service in relation to the insurance product;
 (iv) the provision of the claims handling and settling service is covered by the financial services licensee's Australian financial services licence;
 (v) the claims handling and settling service is provided to the insured as a retail client;
 (em) the service is the provision of a claims handling and settling service in relation to an insurance product provided to a wholesale client under an arrangement between the issuer of the insurance product and a financial services licensee;
 (en) the service is a claims handling and settling service of one of the following kinds:
 (i) advice given by a lawyer, in a professional capacity as a lawyer, about matters of law, legal interpretation or the application of the law to any facts;
 (ii) except as prescribed by the regulations—other advice given by a lawyer in the ordinary course of activities as a lawyer, that is reasonably regarded as a necessary part of those activities;
 (iii) action