Financial Service Providers (Registration and Dispute Resolution) Bill 190-2 (2007), Government Bill

  • enacted
6 Application of Act
  • (1) This Act applies to people who are in the business of providing a financial service or a financial adviser service.

    (2) This Act does not apply to any of The following people are not financial service providers to whom this Act applies:

    • (a) a lawyer in the course of that person’s professional practice as a lawyer if the financial service is a necessary incident of legal practice:

    • (b) a chartered accountant in the course of that person’s professional practice as a chartered accountant if the financial service is a necessary incident of professional accounting practice:

    • (ba) a tax agent in the course of that person's professional practice as a tax agent if the financial service is a necessary incident of tax practice:

    • (bb) a real estate agent in the course of that person's professional practice as a real estate agent if the financial service is a necessary incident of real estate practice:

    • (c) a prescribed Crown agency:

    • (c) the government departments listed in Schedule 1 of the State Sector Act 1988:

    • (ca) the Reserve Bank (and any subsidiaries):

    • (cb) the statutory entities listed in Schedule 1 of the Crown Entities Act 2004:

    • (cc) any person engaged in terminating the business of a financial service provider after that provider has been deregistered:

    • (cd) a non-profit organisation providing free financial services:

    • (ce) an affiliated entity (except to the extent that the entity may be required to be registered under the Financial Advisers Act 2007):

    • (d) an employee, controlling owner, or director of a person listed in paragraph (a), (b), or (c), (ca), (cb), (cc), (cd), or (ce) (while acting as an employee, controlling owner, or director):

    • (e) an employee, controlling owner, or director of a registered financial service provider (while acting as an employee, controlling owner, or director).

    (3) This Act does not apply with respect to financial services provided between related companies.