Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p80
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 80/148)
Character Range: 532054–534862

person 1 provides a service to a person; and
 (b) the service consists only of passing on, publishing, distributing or otherwise disseminating a document that contains financial product advice; and
 (c) the document was provided by another person (person 2); and
 (d) person 2 is not acting on behalf of person 1; and
 (e) person 1 is not the holder of a financial services licence that authorises person 1 to provide financial product advice; and
 (f) person 1 does not select the content of the document, modify the content of the document or otherwise exercise control over the content of the document; and
 (g) a reasonable person would not consider that person 1 provided, endorsed or otherwise assumed responsibility for the financial product advice contained in the document.

7.1.32  Remuneration packages
  For paragraph 766A(2)(b) of the Act, a circumstance in which a person (person 1) is taken not to provide a financial service within the meaning of paragraph 766A(1)(a) of the Act is that:
 (a) person 1 provides advice to another person; and
 (b) the advice relates only to the structuring of remuneration packages for the other person's employees.

7.1.33A  Allocation of funds available for investment
  For paragraph 766A(2)(b) of the Act, a circumstance in which a person is taken not to provide a financial service within the meaning of paragraph 766A(1)(a) of the Act is the provision of a service that consists only of a recommendation or statement of opinion provided to a person about the allocation of the person's funds that are available for investment among 1 or more of the following:
 (a) shares;
 (b) debentures;
 (c) debentures, stocks or bonds issued, or proposed to be issued, by a government;
 (d) deposit products;
 (e) managed investment products;
 (ea) foreign passport fund products;
 (f) investment life insurance products;
 (g) superannuation products;
 (h) other types of asset.
Note: This regulation does not apply to a recommendation or statement of opinion that relates to specific financial products or classes of financial products.

7.1.33B  General advice
 (1) For paragraph 766A(2)(b) of the Act, this regulation applies in relation to the provision of a service by a person to another person in the following circumstances:
 (a) the service consists only of general advice in relation to a financial product or class of financial products;
 (b) the advice is prepared by a product issuer of the financial product or class of financial products who is not a financial services licensee;
 (c) the advice is provided by a financial services licensee whose financial services licence covers the provision of the advice.
 (2) The product issuer is taken not to provide a financial service within the meaning of paragraph 766A(1)(a) of the Act.
 (3) The financial