Commonwealth Consolidated Acts Commonwealth Consolidated ActsSection 12DQ does not apply in relation to the sale of an add - on insurance product, and sections 12DR and 12DS do not apply in relation to an offer to issue or sell an add - on insurance product, or a request or invitation to ask or apply for an add - on insurance product, by a person if:
(a) the person sells the add - on insurance product, or makes the offer, request or invitation, in the course of providing personal advice in circumstances where Division 2 (best interests obligations) of Part 7.7A of that Act applies; and
(b) the add - on insurance product relates to a principal product or service that is provided by the person, and that the person recommends in the course of providing the advice.
Note: A defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3) of the Criminal Code .