Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023 (69 of 2023)

Schedule 2   ALRC Financial Services Interim Report

Part 3   Other amendments

Division 1   Single use definitions

Corporations Act 2001
109   After subsection 1317G(1)

Insert:

(1A) The civil penalty provisions in the following table are excluded by this subsection.

Excluded civil penalty provisions of Part 7.7A

   

Item

Provision

Matter

1

Subsections 961K(1) and (2)

Financial services licensee responsible for breach of certain best interests duties

2

Section 961L

Financial services licensee to ensure compliance with certain best interests duties

3

Subsection 961Q(1)

Authorised representative responsible for breach of certain best interests duties

4

Subsection 962G(4)

Fee recipient must give fee disclosure statement

5

Section 962P

Charging ongoing fee after termination of ongoing fee arrangement

6

Subsection 962R(4)

Fee recipient must not deduct ongoing fees without consent

7

Subsection 962S(5) or (8)

Fee recipient must not arrange for deduction of ongoing fees without consent or accept such deductions

8

Subsection 962U(3)

Fee recipient must confirm receipt of variation or withdrawal of consent for deductions of ongoing fees

9

Subsection 962V(3)

Fee recipient must give written notice of cessation of consent to account provider

10

Subsections 963E(1) and (2)

Financial services licensee must not accept conflicted remuneration

11

Section 963F

Financial services licensee must ensure representatives do not accept conflicted remuneration

12

Subsection 963G(1)

Authorised representative must not accept conflicted remuneration

13

Section 963J

Employer must not pay employees conflicted remuneration

14

Section 963K

Financial product issuer or seller must not give conflicted remuneration to financial services licensee or representative

15

Section 963P

Person covered by section 963M must pay amount etc. in accordance with regulations

16

Subsection 964A(1)

Platform operator must not accept volume-based shelf-space fees

17

Subsections 964D(1) and (2)

Financial services licensee must not charge asset-based fees on borrowed amounts

18

Subsection 964E(1)

Authorised representative must not charge asset-based fees on borrowed amounts

19

Section 965

Anti-avoidance of Part 7.7A provisions