SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993

PART 11A - GENERAL FEES RULES  

SECTION 99F   COST OF FINANCIAL PRODUCT ADVICE  

99F(1)  
The trustee or the trustees of a regulated superannuation fund must not directly or indirectly pass the cost of providing financial product advice in relation to a member of the fund (the subject member ) on to any other member of the fund, to the extent that:


(a) the advice is provided by:


(i) a trustee of the fund; or

(ii) another person acting as an employee of, or under an arrangement with, a trustee or trustees of the fund; and


(b) the advice is personal advice; and


(c) the advice is provided in any of the following circumstances:


(i) the subject member has not yet acquired a beneficial interest in the fund when the advice is given, and the advice relates to whether the subject member should acquire such an interest;

(ii) the advice relates to a financial product that is not a beneficial interest in the fund, a related pension fund for the member and the fund, a related insurance product for the member and the fund or a cash management facility within the fund;

(iii) the advice relates to whether the subject member should consolidate that member ' s beneficial interests in 2 or more superannuation entities into a beneficial interest in a single superannuation entity;

(iv) at the time the advice is provided, the subject member reasonably expects that a person mentioned in subparagraph (a)(i) or (ii) will periodically review the advice, provide further personal advice or monitor whether recommendations in the original or any later advice are implemented and the results of that implementation;

(v) other prescribed circumstances.

99F(2)  
If:


(a) under the governing rules of a regulated superannuation fund (the first fund ):


(i) a member of another regulated superannuation fund (the second fund ) is entitled to become a member of the first fund on the satisfaction of a condition of release of benefits specified in a standard made under paragraph 31(2)(h) ; and

(ii) on becoming a member of the first fund, a pension would be payable out of the assets of the first fund to the member; and


(b) the RSE licensee for the first fund is, or is an associate of, the RSE licensee of the second fund;

then the first fund is a related pension fund of the second fund for a member of the second fund in relation to whom paragraph (a) is satisfied.

99F(3)  
If:


(a) the trustee, or the trustees, of a regulated superannuation fund provide a benefit to members of the fund who hold a particular class of beneficial interest in the fund by taking out insurance; and


(b) a person holds a beneficial interest of that class in the fund, or is considering acquiring a beneficial interest of that class in the fund;

a life policy or contract of insurance by which that benefit is or would be provided is a related insurance product for the person and the fund.

99F(4)  
In this section:

cash management facility
has the same meaning as it has for the purposes of subsection 946B(1) of the Corporations Act 2001 .

life policy
has the same meaning as in the Life Insurance Act 1995 .




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