Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.7A.16A

Application of ban on conflicted remuneration--platform operator (Division 4 of Part 7.7A of Chapter 7 of the Act applies)

             (1)  This regulation:

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

                     (b)  prescribes circumstances in which Division 4 of Part 7.7A of Chapter 7 of the Act applies to a benefit ; and

                     (c)  does not apply in relation to a benefit to which regulation 7.7A.16C applies.

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 person acting in the capacity as a platform operator; and

                     (b)  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; and

                     (c)  the benefit:

                              (i)  relates to an acquisition (including a regulated acquisition, within the meaning of subsection 1012IA(1) of the Act) of a financial product on the instructions of a person who had not given an instruction to the person acting in the capacity of a platform operator to open an account on the platform before 1 July 2014; or

                             (ii)  does not relate to a person who opened an account on the platform before 1 July 2014.

             (3)  F or subregulation (2), treat a benefit as having been given by a person acting in the capacity as a platform operator if it:

                     (a)  is given by a platform operator; and

                     (b)  relates to activities undertaken in connection with the platform as a result of instructions to the platform operator from a client who has set up, or is setting up, an account on the platform.

             (4)  For subregulation (2), if a retail client has an interest in a financial product before 1 July 2014, treat a benefit as relating to an acquisition of the financial product whether it is paid in relation to the initial acquisition of the financial product or the subsequent holding of the financial product.

             (5)  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.

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



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