Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person makes a market for a financial product if:
(a) either through a facility, at a place or otherwise, the person regularly states the prices at which they propose to acquire or dispose of financial products on their own behalf; and
(b) other persons have a reasonable expectation that they will be able to regularly effect transactions at the stated prices; and
(c) the actions of the person do not, or would not if they happened through a facility or at a place, constitute operating a financial market because of the effect of paragraph 767A(2)(a).
(2) Paragraph (1)(a) does not apply to a person stating prices at which they propose to acquire or dispose of financial products if:
(a) the person is the issuer of the products; and
(b) the products are:
(i) superannuation products; or
(ii) managed investment products; or
(iii) financial products referred to in paragraph 764A(1)(ba) (which relates to certain managed investment schemes that are not registered schemes); or
(iv) foreign passport fund products.