Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:3:p39
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 3 (pt 39/43)
Character Range: 800607–803412

changes and events;
 (i) a Replacement Product Disclosure Statement.
 (2) On and after 1 July 2004, for subsection 912F(1) of the Act, a periodic statement under section 1017D of the Act is specified.

7.6.02  Alternative dispute resolution systems
 (1) For subparagraph 912A(2)(a)(i) of the Act, ASIC must take the following matters into account when considering whether to make or approve standards or requirements relating to internal dispute resolution:
 (a) Australian/New Zealand Standard AS/NZS 10002:2014 Guidelines for complaint management in organizations published jointly by, or on behalf of, Standards Australia and Standards New Zealand, as in force or existing on 29 October 2014;
 (b) any other matter ASIC considers relevant.
 (2) ASIC may:
 (a) vary or revoke a standard or requirement that it has made in relation to an internal dispute resolution procedure; and
 (b) vary or revoke the operation of a standard or requirement that it has approved in its application to an internal dispute resolution procedure.
 (5) For paragraph 926B(1)(a) of the Act, a financial services licensee who provides a financial service in the capacity of any of the following:
 (a) a trustee appointed under the will or on the intestacy of a person;
 (b) a trustee appointed under an express trust if:
 (i) the settlor is a natural person; and
 (ii) the interest in the trust is not a financial product;
 (c) an attorney appointed under an enduring power of attorney;
does not have to comply with paragraph 912A(2)(c) of the Act in relation to the provision of the service if complaints about the service provided by the licensee may be made to the Ombudsman of a State or Territory.
 (6) For paragraph 926B(1)(a) of the Act, a financial services licensee who provides a financial service in the capacity as administrator of the estate of an individual does not have to comply with paragraph 912A(1)(g) of the Act in relation to the provision of the service if complaints about the service provided by the licensee may be made under a State or Territory law listed in Schedule 8AC.

7.6.02AAA  Arrangements for compensation if financial services provided to persons as retail clients (Act s 912B)
 (1) For paragraph 912B(2)(a) of the Act, arrangements mentioned in subsection 912B(1) of the Act are, unless the financial services licensee is an exempt licensee, subject to the requirement that the licensee hold professional indemnity insurance cover that is adequate, having regard to:
 (a) the licensee's membership of the scheme mentioned in paragraph 912A(2)(c) of the Act, taking account of the maximum liability that has, realistically, some potential to arise in connection with:
 (i) any particular claim against the licensee; and
 (ii) all claims in respect of which the licensee could be found to