Document ID: chunk:federal_register_of_legislation:C2020A00135:clause:3_12du
Version: federal_register_of_legislation:C2020A00135
Segment Type: clause
Provision Reference: sch 3 cl 12DU
Character Range: 51251–52192

12DU  Exception for financial advisers
  Section 12DQ does not apply in relation to the sale of an add‑on insurance product, and sections 12DR and 12DS do not apply in relation to an offer to issue or sell an add‑on insurance product, or a request or invitation to ask or apply for an add‑on insurance product, by a person if:
 (a) the person sells the add‑on insurance product, or makes the offer, request or invitation, in the course of providing personal advice (within the meaning of Chapter 7 of the Corporations Act 2001) in circumstances where Division 2 (best interests obligations) of Part 7.7A of that Act applies; and
 (b) the add‑on insurance product relates to a principal product or service that is provided by the person, and that the person recommends in the course of providing the advice.
Note: A defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3) of the Criminal Code.