Corporations Regulations 2001

CHAPTER 5D - LICENSED TRUSTEE COMPANIES  

PART 5D.3 - REGULATION OF FEES CHARGED BY LICENSED TRUSTEE COMPANIES  

REGULATION 5D.3.01  

5D.3.01   MODIFICATION OF SECTION 601TAB OF THE ACT: DISCLOSURE TO CLIENTS OF CHANGED FEES  

For paragraph 601YAB(1)(b) of the Act, Chapter 5D of the Act applies as if section 601TAB of the Act were modified by inserting after subsection (3) the following subsections:

' (4)
A licensed trustee company is not required to comply with paragraph (1)(a) or (b) or (3)(a) in relation to a client who is a lost client, or an agent who is a lost agent.

(5)
In subsection (4):

lost client
means a client who, at a particular time, is uncontactable.

lost agent
means an agent who, at a particular time, is uncontactable.

(6)
In subsection (5):

uncontactable ,
in relation to a person who is a client or an agent of a licensed trustee company, means:

(a) the licensed trustee company:

(i) never had an address for the person; or

(ii) sent at least 1 written communication to the person ' s last known address which was returned unclaimed and the person has not, since the communication, given the company a contact address; and

(b) if the person is an agent, the licensed trustee company made a reasonable attempt to get the agent ' s address from the agent ' s client or the client ' s carers. '