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CORPORATIONS ACT 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS    View history reference

PART 7.5 - COMPENSATION REGIMES FOR FINANCIAL MARKETS    View history reference

Division 3 - Approved compensation arrangements    View history reference

Subdivision C - Changing Division 3 arrangements    View history reference

SECTION 884C  CHANGING DIVISION 3 ARRANGEMENTS - MATTERS NOT REQUIRED TO BE DEALT WITH IN THE COMPENSATION RULES  

 View history reference

884C(1)  [Prohibition on changing compensation arrangements]  


If:


(a) the proposed change is to a matter that is not required by section 885B to be dealt with in the compensation rules (including a matter that is dealt with in the compensation rules even though it is not required to be dealt with in those rules); and


(b) the change is not merely a minor administrative change;

the operator must not make the change unless:


(c) the operator has applied for approval of the change; and


(d) the change has been approved by the Minister.

884C(2)  [Application for approval]  


The application for approval must:


(a) include the information, required by regulations made for the purposes of this paragraph, in relation to the proposed change; and


(b) be made to the Minister by lodging the application with ASIC.

Note: For fees in respect of lodging applications, see Part 9.10.

884C(3)  [Rejection of proposed change]  


If the Minister does not consider that the compensation arrangements as proposed to be changed are adequate, the application for approval must be rejected.

884C(4)  [Approval of proposed change]  


If the Minister considers that the compensation arrangements as proposed to be changed are adequate, the Minister must approve the change.

884C(5)  [Incidental changes]  


If:


(a) the proposed change is to a matter that is dealt with in the compensation rules even though it is not required to be dealt with in those rules; and


(b) the change is approved;

the operator may make any change to the compensation rules that is necessary to give effect to the change that has been approved or that is incidental to giving effect to that change.

884C(6)  [Notice to ASIC]  


If a change to the compensation rules is made as permitted by subsection (5), the operator must, as soon as practicable after the change is made, give ASIC written notice of the change.

884C(7)  [Contents of notice]  


A notice required by subsection (6) must:


(a) set out the text of the change; and


(b) specify the date on which it was made; and


(c) contain an explanation of why it is a change that is permitted to be made by subsection (5).


 



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