Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 7.9.19B

Withdrawal benefit--fees, charges and expenses

  (1)   For subsection   1017D(5A) of the Act, this regulation applies to details of a deduction for fees, charges or expenses in accordance with paragraph   7.9.19(g).

  (2)   If ASIC determines that, for a compelling reason based on the nature of a financial product or service, or the nature of the information, to state the information as an amount in dollars:

  (a)   would impose an unreasonable burden on a product issuer, or a class of product issuers; or

  (b)   would impose an unreasonable burden on a product issuer, or a class of product issuers, within a period specified in the determination; or

  (c)   would not be in the interests of a product holder, or a class of product holders;

the information may be set out as a description of the amount as a percentage of a specified matter (including worked dollar examples, unless that is inappropriate).

  (3)   If ASIC determines that, for a compelling reason, based on the nature of a financial product or service, or the nature of the information, to state the information as an amount in dollars, or to describe the amount as a percentage:

  (a)   would impose an unreasonable burden on a product issuer, or a class of product issuers; or

  (b)   would impose an unreasonable burden on a product issuer, or a class of product issuers, within a period specified in the determination; or

  (c)   would not be in the interests of a product holder, or a class of product holders;

the product issuer must provide the information in subregulation   (4).

  (4)   If subregulation   (3) applies, the product issuer must provide:

  (a)   a statement informing the product holder that amounts for fees, charges or expenses are applicable; and

  (b)   if information about access to the information is not provided in the statement mentioned in paragraph   7.9.19(i)--details of the means by which a product holder can gain access to information relating to the amount of the deduction.

  (5)   A determination under subregulation   (2) or (3) must be:

  (a)   in writing; and

  (b)   published in the Gazette .


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