Corporations Act 2001

CHAPTER 10 - TRANSITIONAL PROVISIONS  

PART 10.18 - TRANSITIONAL AND APPLICATION PROVISIONS RELATING TO THE FUTURE OF FINANCIAL ADVICE MEASURES  

Division 1 - Provisions relating to the Corporations Amendment (Further Future of Financial Advice Measures) Act 2012  

SECTION 1531   APPLICATION OF BAN ON OTHER REMUNERATION - ASSET-BASED FEES ON BORROWED AMOUNTS  

1531(1)    

Subject to subsection (1A) , Subdivision B of Division 5 of Part 7.7A , as inserted by item 24 of Schedule 1 to the amending Act, applies to asset-based fees charged on or after the application day on borrowed amounts, but only to the extent that those amounts are used or to be used to acquire financial products on or after that day.

1531(1A)    

Subdivision B of Division 5 of Part 7.7A , as inserted by item 24 of Schedule 1 to the amending Act, applies to asset-based fees charged on or after 1 January 2021 on borrowed amounts, where those amounts have been used, are used or are to be used, to any extent, to acquire financial products before, on or after the application day.

1531(2)    

Section 1350 does not apply in relation to the operation of that Subdivision in respect of an asset-based fee.

1531(3)    
In this section:

application day
, in relation to a financial services licensee or a person acting as a representative of a financial services licensee, means:

(a) if the financial services licensee has lodged notice with ASIC in accordance with subsection 967(1) that the obligations and prohibitions imposed under Part 7.7A are to apply to the licensee and persons acting as representatives of the licensee on and from the day specified in the notice - the day specified in the notice; or

(b) if the person has not lodged such a notice - 1 July 2013.