548Other regulations

1. The Governor-General may, by Order in Council, on the recommendation of the Minister in accordance with section 549, make regulations for all or any of the following purposes:

   Part 2 fair dealing

2. declaring financial advice products as financial products for the purposes of any provision of Part 2 or section 464:
3. prescribing circumstances for the purposes of section 34(2)(e):
4. prescribing kinds of entities for the purposes of the definition of co-operative in section 34(4):

Definitions

5. providing for matters relating to terms defined in this Act and related matters, including the following:
   1. excluding dealing from being dealing in financial products for the purposes of this Act:
   2. declaring products to be financial advice products:
   3. declaring classes of services not to be financial services for the purposes of any provision of this Act:
   5. prescribing services for the purposes of the definition of prescribed intermediary services and applying subpart 4 or 5 of Part 6 (or both) to those services:
   6. specifying persons as product providers for the purposes of the definition of product provider in section 6(1):
   7. declaring interests or rights not to be securities for the purposes of this Act:
   8. prescribing circumstances for the purposes of section 6(3) (whether in relation to the redemption date, the interest rate, or both):
   9. prescribing matters for the purposes of section 8(4)(a)(ii):
   10. excluding (whether by class or in a particular case) a price, estimate, rate, index, or value from being a financial benchmark for the purposes of section 6(7):
6. prescribing kinds of schemes and deposit products for the purposes of section 11(2) and specifying conduct for the purposes of section 11(2)(c)(iv) (definitions relating to issued and issuer):
7. prescribing circumstances for the purposes of section 13(3):
8. prescribing matters relating to when information may be incorporated by reference for the purposes of section 13(4):

Excluded circumstances relating to when directors are treated as having contravened provisions

9. prescribing circumstances for the purposes of section 534(2):

Trusts Act 2019 disapplied

10. providing that specified provisions of the Trusts Act 2019 do not apply to a trust, or a class of trusts,—
    1. that is or will be regulated by or under this Act:
    2. that would be regulated by or under this Act except for the fact that an exclusion under Schedule 1 applies:

Schedule 3 schemes

11. prescribing the information that must be prepared and provided under clause 6 of Schedule 3, the times or events referred to in that clause, and the manner of providing the information (including prescribing the manner in which the information is to be presented, calculated, or prepared):
12. prescribing provisions to be implied in a trust deed of a Schedule 3 scheme (which may, without limitation, specify duties under the trust deed, including by supplementing, or adding to, any duties prescribed by this Act):
13. prescribing criteria, requirements, or both for the purposes of clause 2(1)(b)(iv) of Schedule 3:

Registers

14. prescribing procedures, requirements, and other matters, not inconsistent with this Act, for any register kept under this Act, including matters that relate to—
    1. the operation of the register:
    2. the form of the register:
    3. the information to be contained in the register:
    4. access to the register:
    5. search criteria for the register:
    6. circumstances in which amendments must be made to the register:

Giving of information and other service requirements

15. prescribing how information may or must be given to, provided to, or served on any person under this Act and other matters relating to that procedure (including when the information is treated as received, or as having been given, provided, or served, for the purposes of this Act and the regulations):

Enforcement

16. setting the infringement fee for each infringement offence, which must not exceed $20,000:
17. prescribing information to be included in infringement notices and reminder notices and the form of notices:

Fees and charges

18. prescribing fees and charges payable in respect of any matter under this Act or the manner in which fees and charges may be calculated:

Prescribed manner

19. prescribing, for the purposes of any provision of this Act that requires a thing to be done in a prescribed manner (or for the purposes of any other regulations empowered to prescribe the manner in which something must be done), the manner in which the thing must be done, including prescribing—
    1. by whom, when, where, and how the thing must be done:
    2. the form that must be used in connection with doing the thing:
    3. what information or other evidence or documents must be provided in connection with the thing:
    4. requirements with which information, evidence, or documents that are provided in connection with the thing must comply:
    5. that fees or charges must be paid in connection with doing the thing:
    6. that the FMA may determine or prescribe any of the matters under subparagraphs (i) to (iv):

General

20. prescribing, for the purposes of provisions of this Act that require money to be repaid with interest, the rate of interest or method for determining the rate of interest:
21. prescribing kinds of schemes for the purposes of paragraph (b) of the definition of special resolution in section 6(1) and section 161(1)(c):
22. prescribing a date or dates for the purposes of clause 57(1)(a) of Schedule 4:
23. prescribing clauses of Schedule 1 for the purposes of clause 59(1) of Schedule 4:
24. providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

25. Subsection (1)(b), (d)(i), (ii), (iii), (v), and (viii), (h), and (ha) are subject to section 550 (which provides for certain procedural requirements relating to regulations made under those subparagraphs).

26. Subsection (1)(d)(iii) is repealed on 1 April 2017 (but any regulations made under that subparagraph continue in force despite that repeal).

27. Nothing in sections 543 to 547, or in any other provision that authorises regulations to be made under this Act, limits subsection (1)(p).

28. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).