Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:4:p38
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 4 (pt 38/49)
Character Range: 1077275–1080003

the details of the infringement notice, including:
 (i) the name of the recipient; and
 (ii) the amount of the penalty specified in the infringement notice (if any); and
 (iii) the remedial measures specified in the infringement notice (if any); and
 (iv) the sanctions specified in the infringement notice (if any); and
 (v) the terms of an undertaking specified in the infringement notice (if any); and
 (vi) the conduct specified in the infringement notice as being the conduct that made up the alleged contravention; and
 (b) a statement as to whether the recipient has complied with the infringement notice; and
 (c) if the recipient has complied with the infringement notice—a statement that:
 (i) compliance is not an admission of guilt or liability; and
 (ii) the recipient is not regarded as having contravened a client money reporting rule; and
 (d) if the recipient has not complied with the infringement notice—a statement that:
 (i) the giving of an infringement notice to a recipient is only an allegation that the recipient has contravened a client money reporting rule; and
 (ii) the recipient is not regarded as having contravened the client money reporting rule or rules specified in the infringement notice.

Subdivision B—Loan money

7.8.06  Statement setting out terms of loan etc
  For subsection 982C(1) of the Act, the financial services licensee must give a client a disclosure document that contains, as far as practicable, the matters required for Division 2 of Part 7.9 of the Act.

Division 3—Dealing with other property of clients

7.8.06A  Property exempt from Division 3 of Part 7.8 of the Act
  For paragraph 984A(2)(a) of the Act, property given as security for a standard margin lending facility is exempt from Division 3 of Part 7.8 of the Act.
Note: Paragraph 984A(2)(a) of the Act provides that the regulations may exempt property given in specified circumstances from some or all of the provisions of Division 3 of Part 7.8 of the Act.

7.8.06B  Wholesale client property
  For the purposes of paragraph 984A(2)(a) of the Act, property given as mentioned in subsection 984A(1) of the Act is exempt from Division 3 of Part 7.8 of the Act at a time if:
 (a) at that time the licensee has the client's written agreement to the property being dealt with other than in accordance with that Division; and
Note 1: It is not necessary for the agreement to mention that Division explicitly.
Note 2: If the licensee obtains the agreement after the property is given, that Division ceases to apply to the property when the licensee obtains the agreement.
 (b) either:
 (i) the financial service referred to in subparagraph 984A(1)(a)(i) of the Act is or relates to a dealing in a derivative; or
 (ii)