Content, including requirements, of a scheme that is not already authorised under a Commonwealth law
(1) The SPF rules may prescribe the following requirements for a scheme for which paragraph 58DB(1)(b) is to apply: (a) organisational requirements for membership of the scheme; (b) requirements for the operator (the operator) of the scheme; (c) requirements for how the scheme is to operate; (d) requirements to be complied with by members of the scheme; (e) requirements for making changes to the scheme. (2) A scheme for which paragraph 58DB(1)(b) is to apply may also include provisions dealing with the following: (a) powers of one or more of the following under the scheme: (i) the Minister; (ii) an SPF regulator; (iii) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); (b) powers of the operator under the scheme, including powers to: (i) seek information; and (ii) make determinations of complaints; and (iii) make determinations imposing financial and non‑financial remedies; and (c) appeals to the Federal Court from such determinations by the operator; (d) information sharing and reporting; (e) a provision that depends on the operator or another person being satisfied of one or more specified matters; (f) provisions about the following matters: (i) the manner in which the operator may charge (or cause to be charged) a fee under the scheme; (ii) the time for paying such a fee; (iii) giving notice of, or publicising, such a fee or matters about such a fee; (g) provisions about any other matters that the provisions of this Part provide may be specified, or otherwise dealt with, in the scheme.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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