For paragraph 766A(2)(b) of the Act, a person is taken not to provide a financial service if:
(a) the person provides advice about a custodial or depository service; and
(b) the advice is not about a financial product; and
(c) the advice is not intended to influence, and could not reasonably be regarded as being intended to influence, a decision about a financial product other than a product that is a financial product only because it is an equitable right or interest in:
(i) a share in a body; or
(ii) a debenture of a body; or
(iii) an interest in a registered scheme; or
(iv) an interest in a notified foreign passport fund.
Note: Paragraph (c) of this regulation refers to financial products described in paragraph 92(5)(c) of the Act and in subparagraphs 764A(1)(b)(ii) and (bb)(ii) of the Act.