25Activities exempt from requiring a licence

25 Activities exempt from requiring a licence

(1) For the purposes of paragraph 110(1)(b) of the Act, this regulation exempts certain credit activities from: (a) section 29 of the Act; and (b) definitions in the Act, as they apply to references in the provisions mentioned in paragraph (a); and (c) instruments made for the purposes of any of the provisions mentioned in paragraphs (a) and (b).

Note: Section 29 of the Act provides that a person must not engage in a credit activity if the person does not hold a licence authorising the person to engage in the credit activity.

(2) A credit activity is exempted if: (a) the activity consists only of: (i) a person (person 1) informing another person (person 2) that a licensee or registered person, or a representative of the licensee or registered person, is able to provide a particular credit activity or a class of credit activities; and (ii) person 1 giving person 2 information about how person 2 may contact the licensee, registered person or representative; and (b) at the time the activity is engaged in, person 1 discloses to person 2: (i) any benefits, including indirect remuneration, that person 1, or an associate of person 1, may receive in respect of the activity; and (ii) any benefits, including indirect remuneration, that person 1, or an associate of person 1, may receive that are attributable to the activity; and (c) the disclosure mentioned in paragraph (b) is provided in the same form as the information mentioned in paragraph (a). (2A) A credit activity is exempted if: (a) the activity consists only of: (i) a person (person 1) informing another person (person 2) that a licensee or registered person, or a representative of the licensee or registered person, is able to provide a particular credit activity or a class of credit activities; and (ii) person 1 giving person 2 information about how person 2 may contact the licensee, registered person or representative; and (iii) person 1 making arrangements enabling person 2 to contact the licensee, registered person or representative by means of a link that can be accessed from a website provided by or for person 1 or an associate of person 1; and (b) at the time the activity is engaged in, person 1 discloses to person 2: (i) any benefits, including indirect remuneration, that person 1, or an associate of person 1, may receive in respect of the activity; and (ii) any benefits, including indirect remuneration, that person 1, or an associate of person 1, may receive that are attributable to the activity; and (c) the disclosure mentioned in paragraph (b) is provided in the same form as the information mentioned in subparagraph (a)(ii). (3) A credit activity is exempted if it is a credit activity engaged in in respect of the provision of credit mentioned in: (a) subsection 6(9) or (11) of the Code; or (b) regulation 52, 54, 55, 56, 57, 60, 61 or 63. (4) A credit activity is exempted if: (a) a person (the referrer) engages in a credit activity before 1 October 2010; and (b) the activity consists only of: (i) the referrer informing another person (the consumer) that a licensee or registered person, or a representative of a licensee or registered person, is able to provide a particular credit activity or a class of credit activities; and (ii) the referrer giving to the licensee, registered person or representative the consumer’s name and contact details; and (iii) the referrer giving to the licensee, registered person or representative a short description of the purpose for which the consumer may want a provision of credit or a consumer lease (if the referrer knows the purpose); and (c) the referrer is not banned from engaging in the credit activity under: (i) a law of a State or Territory; or (ii) Part 2‑4 of the Act; and (d) at the time the activity is engaged in, the referrer discloses to the consumer: (i) any benefits, including indirect remuneration, that the referrer, or an associate of the referrer, may receive in respect of the activity; and (ii) any benefits, including indirect remuneration, that the referrer, or an associate of the referrer, may receive that are attributable to the activity; and (e) the referrer has not required the consumer to pay a fee to any person in relation to the referrer giving to the licensee, registered person or representative the consumer’s name; and (f) the consumer has consented to the referrer giving to the licensee, registered person or representative the consumer’s name; and (g) the referrer engages in the activity as a matter incidental to the carrying on of a business that is not principally making contact with persons for the purpose of giving their names or other details to another person. (5) A credit activity is exempted if: (a) a person (the referrer) engages in a credit activity on or after 1 October 2010 under an agreement with the licensee or registered person or a representative of the licensee or registered person; and (b) the agreement: (i) specifies the conduct in which the referrer can engage as conduct to which the exemption applies; and (ii) is: (A) in writing only; or (B) based on an offer made in writing by the licensee, registered person or representative that has been accepted by the referrer; and (c) the activity consists only of: (i) the referrer informing another person (the consumer) that the licensee or registered person, or a representative of the licensee or registered person, is able to provide a particular credit activity or a class of credit activities; and (ii) the referrer giving to the licensee, registered person or representative the consumer’s name and contact details within 5 business days after informing the consumer; and (iii) the referrer giving to the licensee, registered person or representative a short description of the purpose for which the consumer may want a provision of credit or a consumer lease (if the referrer knows the purpose); and (d) the referrer is not banned from engaging in the credit activity under: (i) a law of a State or Territory; or (ii) Part 2‑4 of the Act; and (e) at the time the activity is engaged in, the referrer discloses to the consumer: (i) any benefits, including indirect remuneration, that the referrer, or an associate of the referrer, may receive in respect of the activity; and (ii) any benefits, including indirect remuneration, that the referrer, or an associate of the referrer, may receive that are attributable to the activity; and (f) the referrer has not required the consumer to pay a fee to any person in relation to the referrer giving to the licensee, registered person or representative the consumer’s name; and (g) the consumer has consented to the referrer giving to the licensee, registered person or representative the consumer’s name; and (h) the referrer engages in the activity as a matter incidental to the carrying on of a business that is not principally making contact with persons for the purpose of giving their names or other details to another person; and (i) the referrer does not conduct a business as part of which the referrer contacts persons face‑to‑face from non‑standard business premises.