ASIC Corporations (Disclosure of Fees and Costs) Instrument 2019/1070
209ADefined fees for superannuation products
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209A Defined fees for superannuation products
The following definitions must be included for a superannuation product under the heading “Defined fees”, or incorporated by reference:
Activity fees
A fee is an activity fee if:
(a) the fee relates to costs incurred by the trustee [OR the trustees] of the superannuation entity that are directly related to an activity of the trustee [OR the trustees]:
(i) that is engaged in at the request, or with the consent, of a member; or
(ii) that relates to a member and is required by law; and
(b) those costs are not otherwise charged as administration fees and costs, investment fees and costs, transaction costs, a buy‑sell spread, a switching fee, an advice fee or an insurance fee.
Administration fees and costs
Administration fees and costs are fees and costs that relate to the administration or operation of the superannuation entity and includes costs incurred by the trustee [OR the trustees] of the entity that:
(a) relate to the administration or operation of the entity; and
(b) are not otherwise charged as investment fees and costs, a buy-sell spread, a switching fee, an activity fee, an advice fee or an insurance fee.
Advice fees
A fee is an advice fee if:
(a) the fee relates directly to costs incurred by the trustee [OR the trustees] of the superannuation entity because of the provision of financial product advice to a member by:
(i) a trustee of the entity; or
(ii) another person acting as an employee of, or under an arrangement with, the trustee [OR the trustees] of the entity; and
(b) those costs are not otherwise charged as administration fees and costs, investment fees and costs, a switching fee, an activity fee or an insurance fee.
Buy‑sell spreads
A buy‑sell spread is a fee to recover costs incurred by the trustee [OR the trustees] of the superannuation entity in relation to the sale and purchase of assets of the entity.
Exit fees
An exit fee is a fee, other than a buy-sell spread, that relates to the disposal of all or part of a member’s interests in a superannuation entity.
Investment fees and costs
Investment fees and costs are fees and costs that relate to the investment of the assets of a superannuation entity and includes:
(a) fees in payment for the exercise of care and expertise in the investment of those assets (including performance fees); and
(b) costs incurred by the trustee [OR the trustees] of the entity that:
(i) relate to the investment of assets of the entity; and