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Australian Securities and Investments Commission Act 2001
12DSProhibition on offering add‑on insurance product—customer opt‑out
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#### 12DS Prohibition on offering add‑on insurance product—customer opt‑out
(1) A person (the first person) contravenes this subsection if:
(a) another person (the customer) acquires, or enters into a commitment to acquire, a product or service (the principal product or service); and
(b) the first person offers a financial product for issue or sale to the customer, or requests or invites the customer to ask or apply for a financial product or to purchase a financial product; and
(c) the financial product is an add‑on insurance product in relation to the principal product or service; and
(d) before the offer, request or invitation is made, the customer informs the first person that the customer does not want to receive such offers, requests or invitations.
> Note: Failure to comply with this subsection is an offence (see section 12GB).
(2) A person (the first person) contravenes this subsection if:
(a) another person (the customer) acquires, or enters into a commitment to acquire, a product or service (the principal product or service); and
(b) the first person offers a financial product for issue or sale to the customer, or requests or invites the customer to ask or apply for a financial product or to purchase a financial product; and
(c) the financial product is an add‑on insurance product in relation to the principal product or service; and
(d) before the offer, request or invitation is made, the customer informs any of the following that the customer does not want to receive such offers, requests or invitations:
(i) the person who provided the principal product or service (if that person is not the first person);
(ii) any person (other than the first person) with whom the person mentioned in subparagraph (i) has an arrangement of a kind mentioned in subparagraph 12DO(1)(b)(ii).