For paragraph 985H(2)(b) of the Act, a margin lending facility, or a margin lending facility whose limit is proposed to be increased, within the meaning of subsection 761EA(1) of the Act is unsuitable for a retail client if the client:
(a) is, on an ongoing basis, unable to be contacted by any of the usual means of communication; and
(b) has not appointed an agent to act on the client's behalf.