Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.7A - BEST INTERESTS OBLIGATIONS AND REMUNERATION  

Division 4 - Conflicted remuneration  

Subdivision B - Meaning of conflicted remuneration  

SECTION 963B   MONETARY BENEFIT GIVEN IN CERTAIN CIRCUMSTANCES NOT CONFLICTED REMUNERATION  

963B(1)    

A monetary benefit given to a financial services licensee, or a representative of a financial services licensee, who provides financial product advice to persons as retail clients is not conflicted remuneration in the circumstances set out in any of the following paragraphs:

(a)    

the benefit is given to the licensee or representative solely in relation to a general insurance product;

(b)    

each of the following is satisfied in relation to the benefit:

(i) the benefit is given to the licensee or representative in relation to a life risk insurance product or life risk insurance products;

(ii) none of the products is a life risk insurance product covered by subsection (2) ;

(iii) either:

(A) the benefit ratio for the benefit is the same for the year in which the product or products are issued as it is for each year in which the product or products are continued; or

(B) the benefit ratio requirements and clawback requirements are satisfied in relation to the benefit;

(ba)    

the benefit is given to the licensee or representative in relation to consumer credit insurance;

(bb)    

each of the following is satisfied in relation to the benefit:

(i) the benefit is given to the licensee or representative by a trustee or trustees of a regulated superannuation fund;

(ii) the benefit is given in relation to financial product advice that is personal advice, which is provided by the licensee or representative to a retail client, about the client ' s interest in the fund;

(iii) the benefit is charged against the client ' s interest in the fund, or against the interests of the client and other members of the fund;

(c) - (d) (Repealed)

(e)    the benefit is a prescribed benefit or is given in prescribed circumstances.

963B(2)    

A life risk insurance product is covered by this subsection if:

(a)    the product is issued to an RSE licensee of a registrable superannuation entity, or a custodian in relation to a registrable superannuation entity, for the benefit of a class of members of the entity; or

(b)    both of the following apply:

(i) the product is issued to an RSE licensee of a registrable superannuation entity, or a custodian in relation to a registrable superannuation entity, for the benefit of a person who is a member of the entity;

(ii) the person has not given written notice to an employer of the person that the fund is the person ' s chosen fund, but the employer of the person makes contributions to the fund for the benefit of the person.

Note: Superannuation guarantee surcharge may be imposed on an employer if the employer does not make contributions to a superannuation fund for the benefit of its employees. If an employee does not notify the employer of the employee ' s chosen fund, the employer is still able to satisfy its obligations by making contributions to certain funds: see the Superannuation Guarantee (Administration) Act 1992 .

963B(3)    
(Repealed by No 76 of 2023, s 3, Sch 2 [ 481] (effective 20 October 2023).)

963B(3A)    

The benefit ratio for a benefit given to a financial services licensee, or a representative of a financial services licensee, in relation to a life risk insurance product, or life risk insurance products, for a year is the ratio between:

(a)    the benefit; and

(b)    the policy cost payable for the product or products, or that part of the policy cost payable for the product or products to which the benefit relates, for the year.

963B(3B)    

The policy cost for a life risk insurance product, or products, for a year is the sum of:

(a)    the premiums payable for the product, or products, for that year; and

(b)    any fees payable for that year to the issuer of the product or products for that issue; and

(c)    any additional fees payable because the premium for the product, or products, is paid periodically rather than in a lump sum; and

(d)    any other amount prescribed by the regulations for the purposes of this paragraph.

963B(3C)    

However, the policy cost for a life risk insurance product, or products, does not include any amount prescribed by the regulations for the purposes of this subsection.

963B(4)    

The regulations may prescribe circumstances in which, despite a provision of this section, all or part of a benefit is to be treated as conflicted remuneration.

963B(5)    

This section applies despite section 963A and any regulations made for the purposes of section 963AA .