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CORPORATIONS ACT 2001 - SECT 963L

Volume-based benefits presumed to be conflicted remuneration

                   It is presumed for the purposes of this Division that a benefit of one of the following kinds is conflicted remuneration, unless the contrary is proved:

                     (a)  a benefit access to which, or the value of which, is wholly or partly dependent on the total value of financial products of a particular class, or particular classes:

                              (i)  recommended by a financial services licensee, or a representative of a financial services licensee, to retail clients, or a class of retail clients; or

                             (ii)  acquired by retail clients, or a class of retail clients, to whom a financial services licensee, or a representative of a financial services licensee, provides financial product advice;

                     (b)  a benefit access to which, or the value of which, is wholly or partly dependent on the number of financial products of a particular class, or particular classes:

                              (i)  recommended by a financial services licensee, or a representative of a financial services licensee, to retail clients, or a class of retail clients; or

                             (ii)  acquired by retail clients, or a class of retail clients, to whom a financial services licensee, or a representative of a financial services licensee, provides financial product advice.



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