Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 963A

Meaning of conflicted remuneration--general

  (1)   Conflicted remuneration means any benefit, whether monetary or non - monetary, given to a financial services licensee, or a representative of a financial services licensee, who provides financial product advice to persons as retail clients that:

  (a)   because of the nature of the benefit or the circumstances in which it is given:

  (i)   could reasonably be expected to influence the choice of financial product recommended by the licensee or representative to retail clients; or

  (ii)   could reasonably be expected to influence the financial product advice given to retail clients by the licensee or representative; and

  (b)   is not given to the licensee or representative by a person who is a retail client in relation to a financial product or financial service provided by the licensee or representative to the client.

  (2)   For the purposes of this Subdivision, a reference to giving a benefit includes a reference to causing or authorising the benefit to be given.



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