CORPORATIONS REGULATIONS 2001 - REG 7.1.34 Conduct that does not constitute dealing in a financial product
CORPORATIONS REGULATIONS 2001 - REG 7.1.34
Conduct that does not constitute dealing in a financial product(1) This regulation does not apply in relation to a margin lending facility.
(2) For subsection 766C(7) of the Act, the following conduct does not constitute dealing in a financial product:
(a) the enforcement of rights under a credit facility, including the enforcement of rights by a person acting under a power of attorney;
(b) the disposal of a financial product that is subject to a mortgage or the transfer of such a product to the mortgagor, whether the disposal or transfer is carried out at the direction of the mortgagor or occurs as a result of the mortgagor fulfilling its obligations under the mortgage.
Example for paragraph (a): A mortgagee exercising a power of
sale under a mortgage.