Content, including requirements, of a scheme that is not already authorised under a Commonwealth law
58DC Content, including requirements, of a scheme that is not already authorised under a Commonwealth law
The SPF rules may prescribe the following requirements for a scheme for which paragraph 58DB(1)(b) is to apply:
organisational requirements for membership of the scheme;
requirements for the operator (the operator) of the scheme;
requirements for how the scheme is to operate;
requirements to be complied with by members of the scheme;
requirements for making changes to the scheme.
A scheme for which paragraph 58DB(1)(b) is to apply may also include provisions dealing with the following:
powers of one or more of the following under the scheme:
the Minister;
an SPF regulator;
a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013);
powers of the operator under the scheme, including powers to:
seek information; and
make determinations of complaints; and
make determinations imposing financial and non‑financial remedies; and
appeals to the Federal Court from such determinations by the operator;
information sharing and reporting;
a provision that depends on the operator or another person being satisfied of one or more specified matters;
provisions about the following matters:
the manner in which the operator may charge (or cause to be charged) a fee under the scheme;
the time for paying such a fee;
giving notice of, or publicising, such a fee or matters about such a fee;
provisions about any other matters that the provisions of this Part provide may be specified, or otherwise dealt with, in the scheme.
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