sec.84Persons who can not claim generally

### sec.84 Persons who can not claim generally A person who suffers financial loss because of, or arising out of, the stealing, misappropriation or misapplication of an amount that a relevant person was directed to invest under section 17 can not make a claim against the fund. Also, the following persons can not make a claim against the fund for the following financial losses— a seller of livestock who suffers financial loss in relation to the sale of the livestock if— the livestock are received by a relevant person from the seller; and the relevant person and the seller agree in writing that the relevant person guarantees payment to the seller of the livestock’s purchase price; The practice described in subparagraph (ii) is commonly referred to as ‘del credere’. a relevant person who suffers financial loss in the course of performing an activity, or carrying on a business, as a relevant person; a person holding a licence, however described, under a corresponding law that is similar to a licence under this Act who suffers financial loss in the course of performing an activity, or carrying on business, under the person’s licence; a financier who incurs financial loss acting in the capacity of a financier; a person who suffers financial loss because the person guaranteed a motor dealer’s obligations under a financial arrangement made by the motor dealer; a person who suffers financial loss because of a failure to disclose or make effective disclosure under the Property Occupations Act 2014 , section 158 ; a person who suffers financial loss because of, or arising out of, a marketeering contravention relating to the purchase by the person of a residential property, other than a non-investment residential property. In this section— financier means a person whose ordinary and primary business, whether or not it carries on any other business, is providing credit. livestock see the Motor Dealers and Chattel Auctioneers Act 2014 , schedule 4 . (sec.84-ssec.1) A person who suffers financial loss because of, or arising out of, the stealing, misappropriation or misapplication of an amount that a relevant person was directed to invest under section 17 can not make a claim against the fund. (sec.84-ssec.2) Also, the following persons can not make a claim against the fund for the following financial losses— a seller of livestock who suffers financial loss in relation to the sale of the livestock if— the livestock are received by a relevant person from the seller; and the relevant person and the seller agree in writing that the relevant person guarantees payment to the seller of the livestock’s purchase price; The practice described in subparagraph (ii) is commonly referred to as ‘del credere’. a relevant person who suffers financial loss in the course of performing an activity, or carrying on a business, as a relevant person; a person holding a licence, however described, under a corresponding law that is similar to a licence under this Act who suffers financial loss in the course of performing an activity, or carrying on business, under the person’s licence; a financier who incurs financial loss acting in the capacity of a financier; a person who suffers financial loss because the person guaranteed a motor dealer’s obligations under a financial arrangement made by the motor dealer; a person who suffers financial loss because of a failure to disclose or make effective disclosure under the Property Occupations Act 2014 , section 158 ; a person who suffers financial loss because of, or arising out of, a marketeering contravention relating to the purchase by the person of a residential property, other than a non-investment residential property. (sec.84-ssec.3) In this section— financier means a person whose ordinary and primary business, whether or not it carries on any other business, is providing credit. livestock see the Motor Dealers and Chattel Auctioneers Act 2014 , schedule 4 . - (a) a seller of livestock who suffers financial loss in relation to the sale of the livestock if— (i) the livestock are received by a relevant person from the seller; and (ii) the relevant person and the seller agree in writing that the relevant person guarantees payment to the seller of the livestock’s purchase price; Note— The practice described in subparagraph (ii) is commonly referred to as ‘del credere’. - (i) the livestock are received by a relevant person from the seller; and - (ii) the relevant person and the seller agree in writing that the relevant person guarantees payment to the seller of the livestock’s purchase price; Note— The practice described in subparagraph (ii) is commonly referred to as ‘del credere’. - (b) a relevant person who suffers financial loss in the course of performing an activity, or carrying on a business, as a relevant person; - (c) a person holding a licence, however described, under a corresponding law that is similar to a licence under this Act who suffers financial loss in the course of performing an activity, or carrying on business, under the person’s licence; - (d) a financier who incurs financial loss acting in the capacity of a financier; - (e) a person who suffers financial loss because the person guaranteed a motor dealer’s obligations under a financial arrangement made by the motor dealer; - (f) a person who suffers financial loss because of a failure to disclose or make effective disclosure under the Property Occupations Act 2014 , section 158 ; - (g) a person who suffers financial loss because of, or arising out of, a marketeering contravention relating to the purchase by the person of a residential property, other than a non-investment residential property. - (i) the livestock are received by a relevant person from the seller; and - (ii) the relevant person and the seller agree in writing that the relevant person guarantees payment to the seller of the livestock’s purchase price; Note— The practice described in subparagraph (ii) is commonly referred to as ‘del credere’.