Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.1.31

Passing on prepared documents

    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 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.



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