Commonwealth Consolidated Regulations

NATIONAL CONSUMER CREDIT PROTECTION REGULATIONS 2010 - REG 28VE

  (1)   A benefit is a volume - based benefit if:

  (a)   access to the benefit, or the value of the benefit, is wholly or partly dependent on the total amount of credit available or provided under credit contracts, or credit contracts of a particular class:

  (i)   that have been entered into by consumers, or a class of consumers; and

  (ii)   in relation to which the consumers, or the class of consumers, were provided credit services by a licensee, or a representative of a licensee; or

  (b)   access to the benefit, or the value of the benefit, is wholly or partly dependent on the number of credit contracts, or the number of credit contracts of a particular class:

  (i)   that have been entered into by consumers, or a class of consumers; and

  (ii)   in relation to which the consumers, or the class of consumers, were provided credit services by a licensee, or a representative of a licensee.

  (2)   If all or part of the monetary benefit given (whether directly or indirectly) to a licensee, or a representative of a licensee, by another person (the benefit giver ) is of a kind specified in one of the following paragraphs, then, to the extent that the benefit is of that kind, it is not a volume - based benefit :

  (a)   a discount on an amount payable to the benefit giver by the licensee or representative that can reasonably be attributed to economies of scale that are gained, or could reasonably be expected to be gained, because of the number or value of credit contracts, or credit contracts of a particular class, in relation to which the licensee or representative provides credit services to consumers;

  (b)   a rebate of an amount paid to the benefit giver by the licensee or representative that can reasonably be attributed to economies of scale that are gained, or could reasonably be expected to be gained, because of the number or value of credit contracts, or credit contracts of a particular class, in relation to which the licensee or representative provides credit services to consumers.