Scheme management contract: minimum requirements
119 Scheme management contract: minimum requirements
A scheme management contract must be in writing and —
state the scheme manager’s name and address for service; and
state the community corporation’s name and address for service; and
state the Australian Company Number or Australian Business Number of each party with such a number; and
specify when the contract starts and ends; and
specify each scheme function to be performed by the scheme manager under the contract; and
specify any conditions that are to apply to the performance of the functions; and
provide that the scheme manager must give the community corporation written reports about the scheme manager’s performance of functions under the contract and set out the reporting requirements as to content and timing of the reports; and
specify the remuneration that is payable under the contract or the manner in which the remuneration that is payable under the contract is to be calculated; and
specify the accounts to be used under section 122; and
set out the text of, or give notice drawing attention to, section 125; and
provide for any other matter that is required by the regulations.
Before entering into a scheme management contract, the scheme manager must disclose in writing to the community corporation —
any direct or indirect pecuniary or other interest that the scheme manager has that conflicts or may conflict with the performance of the scheme manager’s functions; and
the amount or value of any remuneration or other benefit that the scheme manager has a reasonable expectation of receiving (other than from the community corporation) in connection with the performance of the scheme manager’s functions.
Any variation to, or extension or renewal of, a scheme management contract must be in writing.
This section does not limit the matters that may be included in a scheme management contract.
This Act’s bill:Explanatory memorandumSecond reading speech
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