A person does not offer a financial product for issue or sale to a retail client, or request or invite them to apply or buy, in the course of or because of an unsolicited contact (an offence). Contact by telephone, face to face or other real-time interaction is unsolicited unless, before the contact, the consumer gave positive, voluntary and clear consent that covered the offer or invitation made. Exceptions cover offers in the course of personal advice subject to the best interests duty, add-on insurance offered within the ASIC Act deferred sales framework, and prescribed cases. The crawl's 2019 ASIC hawking instrument for life risk and consumer credit insurance predates the replacement of s 992A on 5 October 2021 and is not current law.
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