Financial Sector Reform (Hayne Royal Commission Response No. 2) Act 2021 (19 of 2021)

Schedule 1   Ongoing fee arrangements

Part 1   Main amendments

Corporations Act 2001

7   After section 962F

Insert:

962FA Arrangement terminates if Subdivision C not complied with

(1) It is a condition of the ongoing fee arrangement that the arrangement terminates if any of the following provisions have not been complied with in relation to the arrangement, whether by the current or a previous fee recipient:

(a) section 962R (fee recipient must not deduct ongoing fees without consent);

(b) section 962S (fee recipient must not arrange for deduction of ongoing fees without consent or accept such deductions).

Note: A Court may order that the fee recipient refund amounts deducted without consent (see section 1317GB).

(2) The client is not taken to have waived the client's rights under the condition (subject to subsection (3)), or to have entered into a new ongoing fee arrangement, if the client gives consent under Subdivision C, in relation to the deduction of ongoing fees relating to the ongoing fee arrangement, after a failure to comply with a provision referred to in subsection (1) in relation to the ongoing fee arrangement.

(3) However, if the client gives that consent after a failure to comply with a provision referred to in subsection (1) in relation to the ongoing fee arrangement, the fee recipient is not obliged to refund an amount deducted, or received as a result of a deduction made, in accordance with the consent.