Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.7A - BEST INTERESTS OBLIGATIONS AND REMUNERATION  

Division 4 - Conflicted remuneration  

Subdivision B - Meaning of conflicted remuneration  

SECTION 963C   NON-MONETARY BENEFIT GIVEN IN CERTAIN CIRCUMSTANCES NOT CONFLICTED REMUNERATION  

963C(1)    

A non-monetary benefit given to a financial services licensee, or a representative of a financial services licensee, who provides financial product advice to persons as retail clients is not conflicted remuneration in the circumstances set out in any of the following paragraphs:

(a) the benefit is given to the licensee or representative solely in relation to a general insurance product;

(b) each of the following is satisfied:

(i) the benefit is of less than an amount prescribed;

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

(c) the benefit satisfies each of the following:

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

(ii) the benefit is relevant to the carrying on of a financial services business;

(iii) the benefit complies with regulations made for the purposes of this subparagraph;

(d) the benefit satisfies each of the following:

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

(ii) the benefit is related to the provision of financial product advice to persons as retail clients in relation to the financial products issued or sold by the benefit provider;

(iii) the benefit complies with regulations made for the purposes of this subparagraph;

(e) the benefit is given to the licensee or representative by a retail client in relation to:

(i) the issue or sale of a financial product by the licensee or representative to the client; or

(ii) financial product advice given by the licensee or representative to the client;

(f) the benefit is a prescribed benefit or is given in prescribed circumstances.

963C(2)    
The regulations may prescribe circumstances in which, despite subsection (1), all or part of a benefit is to be treated as conflicted remuneration.

963C(3)    

This section applies despite section 963A and any regulations made for the purposes of section 963AA .