Corporations Regulations 2001

For subsection 1017D(5A) of the Act, this regulation applies to details of a deduction for fees, charges or expenses mentioned in paragraph 7.9.20(1)(kb).

If ASIC determines that, for a compelling reason based on the nature of a financial product or service, or the nature of the information, to state the amount of the deduction in dollars:

would impose an unreasonable burden on a product issuer, or a class of product issuers; or

would impose an unreasonable burden on a product issuer, or a class of product issuers, within a period specified in the determination; or

would not be in the interests of a product holder, or a class of product holders;

If ASIC determines that, for a compelling reason, based on the nature of a financial product or service, or the nature of the information, to state the amount of a deduction in dollars, or, to describe the amount as a percentage:

would impose an unreasonable burden on a product issuer, or a class of product issuers; or

would impose an unreasonable burden on a product issuer, or a class of product issuers, within a period specified in the determination; or

would not be in the interests of a product holder, or a class of product holders;

If subregulation (3) applies, the product issuer must provide:

a statement informing the product holder that amounts for fees, charges or expenses are applicable; and

if information about the deduction is not provided in the statement mentioned in sub‑subparagraph 7.9.20(1)(ka)(ii)(B)—details of the means by which a product holder can gain access to information relating to the amount of the deduction.

A determination under subregulation (2) or (3) must be:

in writing; and

published in the Gazette.