Document ID: chunk:federal_register_of_legislation:C2025C00185:section:761g:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 761G (pt 2/4)
Character Range: 3002239–3004921

a financial service that relates to, a general insurance product does not constitute the provision of a financial product or financial service to the person as a retail client.

Products and services relating to superannuation and RSAs
 (6) For the purposes of this Act:
 (a) if a financial product provided to a person is a superannuation product or an RSA, the product is provided to the person as a retail client; and
 (aa) however, if a trustee of a pooled superannuation trust provides a financial product that is an interest in the trust to a person covered by subparagraph (c)(i), the product is not provided to the person as a retail client; and
 (b) if a financial service (other than the provision of a financial product) provided to a person who is not covered by subparagraph (c)(i) or (ii) relates to a superannuation product or an RSA, or is a superannuation trustee service, the service is provided to the person as a retail client; and
 (c) if a financial service (other than the provision of a financial product) provided to a person who is:
 (i) the trustee of a superannuation fund, an approved deposit fund, a pooled superannuation trust or a public sector superannuation scheme that has net assets of at least $10 million; or
 (ii) an RSA provider;
  relates to a superannuation product or an RSA, or is a superannuation trustee service, that does not constitute the provision of a financial service to the person as a retail client.

Traditional trustee company services
 (6A) If a financial service provided to a person is a traditional trustee company service, the service is provided to the person as a retail client unless regulations made for the purpose of this subsection provide otherwise.

Other kinds of financial product
 (7) If a financial product is not, or a financial service (other than a traditional trustee company service or a superannuation trustee service) provided to a person does not relate to, a general insurance product, a superannuation product or an RSA, the product or service is provided to the person as a retail client unless one or more of the following paragraphs apply:
 (a) the price for the provision of the financial product, or the value of the financial product to which the financial service relates, equals or exceeds the amount specified in regulations made for the purposes of this paragraph as being applicable in the circumstances (but see also subsection (10)); or
 (b) the financial product, or the financial service, is provided for use in connection with a business that is not a small business (see subsection (12));
 (c) the financial product, or the financial service, is not provided for use in connection