39.Subsection (2) sets out factors to which the Authority must have regard when considering the appropriate degree of protection.  These are, briefly, the degree of risk involved, the sophistication and experience of the parties to the transaction, the need of customers for advice and information and the general principle that consumers should take responsibility for their decisions.  There is no obligation on the Authority to place particular weight on any one of these factors.
Commentary on Sections Part I: the Regulator Section 5: The protection of consumers