58DCContent, including requirements, of a scheme that is not already authorised under a Commonwealth law

58DC 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.