Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:1:p84
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 1 (pt 84/148)
Character Range: 541904–544647

in subsection 766C(1) of the Act; or
 (ii) dealing as an agent or otherwise on behalf of a client, an associate of a client or a relative of a client; and
 (b) the lawyer is acting:
 (i) on the instructions of the client, an associate of the client or a relative of the client; and
 (ii) in his or her professional capacity; and
 (iii) in the ordinary course of his or her activities as a lawyer; and
 (c) the financial service can reasonably be regarded as a necessary part of those activities; and
 (d) the lawyer has not received, and will not receive, a benefit in connection with those activities other than:
 (i) the payment of professional charges in relation to those activities; and
 (ii) reimbursement for expenses incurred or payment on account of expenses to be incurred on behalf of the client, an associate of the client or a relative of the client;
  from the client or from another person on behalf of the client.

7.1.35B  Conduct that does not constitute dealing in a financial product—issuing carbon units, Australian carbon credit units or eligible international emissions units
  For subsection 766C(7) of the Act, a financial service provided by a person is taken not to be dealing in a financial product if:
 (a) the financial product is a carbon unit, an Australian carbon credit unit or an eligible international emissions unit; and
 (b) the person is:
 (i) the Clean Energy Regulator; or
 (ii) the Clean Development Mechanism Executive Board; or
 (iii) the government of a country other than Australia; or
 (iv) an authority acting on behalf of the government of a country other than Australia; and
 (c) the financial service consists of issuing the carbon unit, Australian carbon credit unit or eligible international emissions unit.

7.1.35C  Conduct that does not constitute dealing in a financial product—carbon units, Australian carbon credit units or eligible international emissions units
  For subsection 766C(7) of the Act, a financial service provided by a person is taken not to be dealing in a financial product if:
 (a) the financial product is a carbon unit, an Australian carbon credit unit or an eligible international emissions unit; and
 (b) the financial service consists of dealing in the carbon unit, Australian carbon credit unit or eligible international emissions unit on behalf of:
 (i) a related body corporate of the person; or
 (ii) an associated entity of the person; and
 (c) the related body corporate or associated entity is an entity that is a liable entity entered in the information database under section 183 of the Clean Energy Act 2011.

Division 5—Custodial or depository services

7.1.40  Conduct that does not constitute the provision of a custodial or depository service
 (1)