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 that:
(a) the service provided by the person consists only of advising another person in relation to the manner in which:
(i) voting rights attaching to securities; or
(ii) voting rights attaching to interests in managed investment schemes;
may or should be exercised; and
(b) the advice is not intended to influence any decision in relation to financial products other than a decision about voting; and
(c) the advice could not be reasonably be regarded as intended to influence a decision in relation to financial products, other than a decision about voting; and
(d) the advice does not relate to a vote that relates to a dealing in financial products.
Note: A service that includes advice which is intended to influence the decision to acquire securities in another company would be not provided in circumstances covered by this regulation.