Corporations Regulations 2001
CHAPTER 7
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FINANCIAL SERVICES AND MARKETS
PART 7.8
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OTHER PROVISIONS RELATING TO CONDUCT ETC CONNECTED WITH FINANCIAL PRODUCTS AND FINANCIAL SERVICES, OTHER THAN FINANCIAL PRODUCT DISCLOSURE
Division 4A
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Special provisions relating to margin lending facilities
Subdivision A
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Responsible lending conduct for margin lending facilities
REGULATION 7.8.10A
7.8.10A
MARGIN LENDING FACILITY TAKEN NOT TO BE UNSUITABLE
For subsection 985K(4) of the Act, a margin lending facility is taken not to be unsuitable:
(a) if:
(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.
View history note
Hide history note[ CCH Note: Pursuant to the Corporations Amendment Regulations 2001 (No 4) (SR 2001 No 319) effective 11 March 2002, Chapter 7 (Securities) comprising reg 7.1.01 - 7.15.01 and Chapter 8 (The futures industry) comprising reg 8.1.01 - 8.7.03 are replaced by a new Chapter 7 (Financial services and markets) comprising reg 7.1.01 - 7.12.01. As the subject matter of the new Chapter 7 relates to the new financial services reform regime, " inserted " has been used in the history notes for each provision, and all references to the former provisions have been removed.]
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.
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