For subsection 985K(4) of the Act, a margin lending facility is taken not to be unsuitable:
(a) if:
(i) an assessment of unsuitability was undertaken in accordance with the Act; and
(ii) the assessment reasonably concluded that the margin lending facility is not unsuitable; or
(b) if a person is exempt under regulation 7.8.08B from the requirement to make an assessment of unsuitability in relation to the margin lending facility.