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AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 12DZ

Effect of exemption

  (1)   Section   12DQ does not apply in relation to the sale of an add - on insurance product by a person if an exemption under subsection   12DX(1) or 12DY(1) applies to the add - on insurance product.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (1): see subsection   13.3(3) of the Criminal Code .

  (2)   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, if an exemption under subsection   12DX(1) or 12DY(1) applies to the add - on insurance product.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (2): see subsection   13.3(3) of the Criminal Code .

Product intervention orders

  (3)   Subsections   (1) and (2) do not apply to an add - on insurance product if:

  (a)   a product intervention order is in force under Part   7.9A of the Corporations Act 2001 in relation to the product; and

  (b)   the product intervention order provides for a period during which the product must not be sold.


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