Document ID: chunk:federal_register_of_legislation:C2020A00135:clause:4_12gfa
Version: federal_register_of_legislation:C2020A00135
Segment Type: clause
Provision Reference: sch 4 cl 12GFA
Character Range: 72124–73625

12GFA  Recovering commissions that exceed a cap under section 12DMC
 (1) If:
 (a) a person provides a commission to another person in connection with the supply (by any person to any person) of a financial service; and
 (b) the financial service is the provision of an add‑on risk product to another person (the consumer) in connection with:
 (i) the sale or long‑term lease of a motor vehicle to the consumer; or
 (ii) the provision of credit connected with the sale or long‑term lease of a motor vehicle to the consumer; and
 (c) providing the commission contravenes section 12DMC;
the consumer is entitled to recover the value of the commission from the person.
Note: For the value of the commission, see subsections 12DMC(5) to (7).
 (2) If:
 (a) a person (the motor vehicle dealer) receives a commission in connection with the supply (by any person to any person) of a financial service; and
 (b) the financial service is the provision of an add‑on risk product to the motor vehicle dealer in connection with the giving of a warranty by the motor vehicle dealer in connection with the sale or long‑term lease of a motor vehicle to another person (the consumer); and
 (c) providing the commission contravenes section 12DMC;
the consumer is entitled to recover the value of the commission from the motor vehicle dealer.
Note: For the value of the commission, see subsections 12DMC(5) to (7).
 (3) This section does not affect the other person's right to recover loss or damage under section 12GF.