Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For paragraph 110 (b) of the Act, this regulation exempts certain credit activities from:
(a) section 29 of the Act; and
(b) definitions in the Act, as they apply to references in the provisions mentioned in paragraph (a); and
(c) instruments made for the purposes of any of the provisions mentioned in paragraphs (a) and (b).
Note Section 29 of the Act provides that a person must not engage in a credit activity if the person does not hold a licence authorising the person to engage in the credit activity.
(2) A credit activity is exempted if:
(a) the activity consists only of:
(i) a person ( person 1 ) informing another person ( person 2 ) that a licensee or registered person, or a representative of the licensee or registered person, is able to provide a particular credit activity or a class of credit activities; and
(ii) person 1 giving person 2 information about how person 2 may contact the licensee, registered person or representative; and
(b) at the time the activity is engaged in, person 1 discloses to person 2:
(i) any benefits, including commission, that person 1, or an associate of person 1, may receive in respect of the activity; and
(ii) any benefits, including commission, that person 1, or an associate of person 1, may receive that are attributable to the activity; and
(c) the disclosure mentioned in paragraph (b) is provided in the same form as the information mentioned in paragraph (a).
(3) A credit activity is exempted if it is a credit activity engaged in in respect of the provision of credit mentioned in:
(a) subsection 6 (9) or (11) of the Code; or
(b) regulation 52, 54, 55, 56, 57, 60, 61 or 63.
Chapter 3 Responsible lending conduct