Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.7A - BEST INTERESTS OBLIGATIONS AND REMUNERATION  

Note: Regulations 7.7A.01 to 7.7A.04 are reserved for future use.

Division 4 - Conflicted remuneration  

Subdivision 3 - Monetary benefits that relate to life risk insurance products  

REGULATION 7.7A.12EC  

7.7A.12EC   LIFE RISK INSURANCE PRODUCTS - CLAWBACK REQUIREMENTS RELATED TO REDUCTION OF POLICY COST  


For the purposes of subparagraph 963BA(3)(a)(ii) of the Act, the prescribed circumstances are that the policy cost for the life risk insurance product, or the relevant one of the life risk insurance products, is reduced because:


(a) the person who issued the product and the person to whom the product is issued agree that there is a reduction in a risk in relation to a person insured under the product; or


(b) the person who issued the product reduces the premium for the product without changing the risks covered, or the benefits available, in relation to any person insured under the product; or


(c) each of the following is satisfied:


(i) a rebate is paid or a discount applied;

(ii) it is reasonable in all the circumstances to conclude that the rebate is paid or discount applied to induce the person to whom the product is issued to acquire, or to continue to hold, the product; or


(d) a benefit payable in relation to a person insured under the product has been, or is being, paid; or


(e) an administrative error has been made.




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