12GFARecovering commissions that exceed a cap under section 12DMC

#### 12GFA Recovering commissions that exceed a cap under section 12DMC (1) If: (a) a person provides a commission to another person in connection with the supply (by any person to any person) of a financial service; and (b) the financial service is the provision of an add‑on risk product to another person (the consumer) in connection with: (i) the sale or long‑term lease of a motor vehicle to the consumer; or (ii) the provision of credit connected with the sale or long‑term lease of a motor vehicle to the consumer; and (c) providing the commission contravenes section 12DMC; the consumer is entitled to recover the value of the commission from the person. > Note: For the value of the commission, see subsections 12DMC(5) to (7). (2) If: (a) a person (the motor vehicle dealer) receives a commission in connection with the supply (by any person to any person) of a financial service; and (b) the financial service is the provision of an add‑on risk product to the motor vehicle dealer in connection with the giving of a warranty by the motor vehicle dealer in connection with the sale or long‑term lease of a motor vehicle to another person (the consumer); and (c) providing the commission contravenes section 12DMC; the consumer is entitled to recover the value of the commission from the motor vehicle dealer. > Note: For the value of the commission, see subsections 12DMC(5) to (7). (3) This section does not affect the other person’s right to recover loss or damage under section 12GF.