Ensuring an ethical practice with the FASEA Code of Ethics

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Corporations Act 2001 – Sect 766B Meaning of financial product advice (1) For the purposes of this Chapter, financial product advice means a recommendation or a statement of opinion (1), or a report of either of those things, that: (a) is intended to influence a person or persons in making a decision (2) in relation to a particular financial product or class of financial products, or an interest in a particular financial product or class of financial products (3); or (b) could reasonably be (Objective test) regarded as being intended to have such an influence.

(1A) However, subject to subsection (1B), the provision or giving of an exempt document or statement does not constitute the provision of financial product advice.

(1B) Subsection (1A) does not apply for the purpose of determining whether a recommendation or statement of opinion made by an outside expert, or a report of such a recommendation or statement of opinion, that is included in an exempt document or statement is financial product advice provided by the outside expert.

(2) There are 2 types of financial product advice: personal advice and general advice.

(3) For the purposes of this Chapter, personal advice is financial product advice that is given or directed to a person (including by electronic means) in circumstances where: (a) the provider of the advice has considered (taken into account/had regard to) one or more of the person's objectives, financial situation and needs (otherwise than for the purposes of compliance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 or with regulations, or AML/CTF Rules, under that Act); or (b) a reasonable person (Objective test, in the shoes of the customer/client) might expect the provider to have considered one or more of those matters.

(4) For the purposes of this Chapter, general advice is financial product advice that is not personal advice.

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