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CORPORATIONS REGULATIONS 2001 - REG 7.7A.11C

Circumstances in which benefits in relation to information about life risk insurance products are not conflicted remuneration

Monetary benefits

             (1)  Despite subregulation 7.7A.11B(1), a monetary benefit given to a financial services licensee, or a representative of a financial services licensee, in relation to information given to a person, or persons, in relation to a life risk insurance product, or life risk insurance products, is not conflicted remuneration if:

                     (a)  because of the nature of the benefit or the circumstances in which it is given, the benefit could not reasonably be expected to influence:

                              (i)  whether the licensee or representative gives the information to the person or persons; or

                             (ii)  the way in which the licensee or representative presents the information in giving it to the person or persons; or

                     (b)  none of the products is a group life policy for members of a superannuation entity (as defined in subsection 963B(2) of the Act) or a life policy for a member of a default superannuation fund (as defined in subsection 963B(3) of the Act) and either:

                              (i)  the benefit ratio for the benefit is the same for the year in which the product or products are issued as it is for each year in which the product or products are continued; or

                             (ii)  the benefit ratio requirements and clawback requirements in section 963BA of the Act are satisfied in relation to the benefit; or

                     (c)  the benefit is given to the licensee or representative in relation to consumer credit insurance; or

                     (d)  if the information is given in the course of providing a financial product to a person as a retail client or to persons as retail clients--the benefit is given by that person, or those persons; or

                     (e)  the benefit is given to the licensee as part of the purchase or sale of all or part of the licensee's business, or to the representative as part of the purchase or sale of all or part of the representative's business.

Non-monetary benefits

             (2)  Despite subregulation 7.7A.11B(1), a non-monetary benefit given to a financial services licensee, or a representative of a financial services licensee, in relation to information given to a person, or persons, in relation to a life risk insurance product, or life risk insurance products, is not conflicted remuneration if:

                     (a)  because of the nature of the benefit or the circumstances in which it is given, the benefit could not reasonably be expected to influence:

                              (i)  whether the licensee or representative gives the information to the person or persons; or

                             (ii)  the way in which the licensee or representative presents the information in giving it to the person or persons; or

                     (b)  each of the following is satisfied:

                              (i)  the licensee or representative is the final recipient of the benefit, or all or part of the benefit passes through the licensee or representative to another financial services licensee, or representative of a financial services licensee, who is the final recipient of the benefit;

                             (ii)  the value of the benefit in the hands of each final recipient is less than $300;

                            (iii)  identical or similar benefits are not given on a frequent or regular basis; or

                     (c)  each of the following is satisfied:

                              (i)  the benefit has a genuine education or training purpose;

                             (ii)  the benefit is relevant to giving information in relation to life risk insurance products;

                            (iii)  if education or training is provided through an education or training course (within the meaning of regulation 7.7A.14)--subregulations 7.7A.14(3) and (4) are satisfied in relation to the education or training;

                            (iv)  if education or training is provided other than through an education or training course--the dominant purpose of the benefit is education and training; or

                     (d)  each of the following is satisfied:

                              (i)  the benefit is the provision of information technology software or support;

                             (ii)  the benefit is relevant to giving information in relation to a life risk insurance product, or life risk insurance products; or

                     (e)  if the information is given in the course of providing a financial product to a person as a retail client or to persons as retail clients--the benefit is given by that person, or those persons.



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