62ZZEFalse or misleading conduct by providers and certain intermediaries

#### 62ZZE False or misleading conduct by providers and certain intermediaries 62ZZE False or misleading conduct by providers and certain intermediaries > > (1) In this clause— > > > > intermediary means— > > > > > (a) a person who arranges for alternative indemnity product cover in New South Wales— > > > > > > > (i) for reward, or > > > > > > > (ii) as an agent for a person carrying on a business of providing alternative indemnity product cover, or > > > > > (b) a financial services licensee (as defined in section 761A of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth) whose licence covers arranging for alternative indemnity product cover as an agent for a person carrying on a business of providing alternative indemnity product cover. > > > > provider has the same meaning as in Part 6B of the Act. > > > > Note. > > > > Section 104 of the Act defines provider of an alternative indemnity product as a person who provides an alternative indemnity product and includes the trustee of any fidelity fund under a fidelity fund scheme. > > > (2) A provider or an intermediary must not make a representation with respect to any alternative indemnity product (whether by means of an advertisement or otherwise) that could reasonably be expected to cause a person to believe that the alternative indemnity product meets the requirements of the Act and this regulation, unless the alternative indemnity product cover met those requirements. > > > (3) A provider or intermediary who contravenes this clause is guilty of an offence. > > > > Maximum penalty—200 penalty units in the case of a corporation and 100 penalty units in any other case. > > **pt 6C, divs 2–4 (cll 62ZZE–62ZZJ):** Ins 2017 (705), Sch 1 \[18\].