Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of subsection 154(1) of the Act, the requirements set out in this regulation apply in relation to a payment by the trustee of a public offer entity of commission or brokerage (including commission or brokerage in the form of remuneration or other benefits) of a kind mentioned in that subsection.
(2) The trustee of a public offer entity may make a payment of commission or brokerage to a person in consideration of the person:
(a) applying or agreeing to apply for the issue of an interest in the entity; or
(b) procuring or agreeing to procure applications for the issue of an interest in the entity;
(c) the payment is not prohibited by the entity's trust deed; and
(d) where an interest is issued, the applicant for the issue of the interest has, before the issue occurred, been notified in writing of the amount or rate of the proposed payment of commission or brokerage.
(3) The trustee of a public offer entity must not make a payment of commission or brokerage to a person (the provider ) for the provision of a financial service by the provider in respect of issuing an interest in the entity unless the provider is:
(a) a financial services licensee that is authorised to deal in superannuation products; or
(b) an authorised representative of a financial services licensee that is authorised to deal in superannuation products; or
(c) exempt from the requirement to hold an Australian financial services licence; or
(d) the provider of the financial service on behalf of another person who is exempt.
(4) A reference in subregulation (3) to a solicitor or accountant includes a reference to a firm of solicitors or accountants, or to a partner in such a firm, as the case requires.
(5) The trustee of an entity must keep an account of amounts of
commission and brokerage paid by the entity.