Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Conduct that does not constitute dealing in a financial product

             (1)  This regulation does not apply in relation to a margin lending facility.

             (2)  For subsection 766C(7) of the Act, the following conduct does not constitute dealing in a financial product:

                     (a)  the enforcement of rights under a credit facility, including the enforcement of rights by a person acting under a power of attorney;

                     (b)  the disposal of a financial product that is subject to a mortgage or the transfer of such a product to the mortgagor, whether the disposal or transfer is carried out at the direction of the mortgagor or occurs as a result of the mortgagor fulfilling its obligations under the mortgage.

Example for paragraph (a):            A mortgagee exercising a power of sale under a mortgage.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback