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 |
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---|---|---|
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 |