Commonwealth Consolidated Regulations

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Application of ban on conflicted remuneration--platform operator (Division 4 of Part 7.7A of Chapter 7 of the Act does not apply)

             (1)  This regulation:

                     (a)  is made for subsection 1528(2) of the Act; and

                     (b)  prescribes a circumstance in which Division 4 of Part 7.7A of Chapter 7 of the Act does not apply to a benefit.

Note:          Subsection 1528(1) of the Act sets out a rule about when Division 4 of Part 7.7A of Chapter 7 of the Act does not apply to a benefit given to a financial services licensee, or a representative of a financial services licensee. Subsection 1528(2) of the Act permits regulations to prescribe circumstances in which that Division applies, or does not apply, to a benefit.

             (2)  The circumstance is that:

                     (a)  the benefit is given by a platform operator; and

                     (b)  either:

                              (i)  the benefit is given under an arrangement that was entered into before the application day, within the meaning of subsection 1528(4) of the Act; or

                             (ii)  the benefit would have been given as mentioned in subparagraph (i) had it not been redirected under one or more later arrangements.

             (3)  For subregulation (2), i f a party to an arrangement changes, the arrangement is taken to have continued in effect, after the change, as the same arrangement.

             (4)  If this regulation and regulation 7.7A.16A or 7.7A.16B are able to apply in relation to the benefit, disregard this regulation.

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