UG-1.2 UG-1.2 Status of Provisions
UG-1.2.1
The contents of the Rulebook have the formal status either of Rules or Guidance.
October 07UG-1.2.2
Rules have a binding effect and breaches of Rules constitute breaches of the CBB Law. If a licensee breaches a Rule to which it is subject, it is liable to enforcement action by CBB and, in certain cases, criminal proceedings by the Office of the Public Prosecutor.
Amended: July 2012
October 07UG-1.2.3
Guidance is not binding. It is material that helps inform a particular Rule or set of Rules, or provides other general information. Where relevant, compliance with Guidance will generally lead the CBB to assess that the business has complied with the rule(s) to which the Guidance relates. Conversely, failure to comply with Guidance will generally be viewed by the CBB as tending to suggest breach of a Rule.
October 07UG-1.2.4
The status of each Paragraph within the Rulebook can be identified by its text format, as follows:
(a) Rules are in bold, font size 12. The Paragraph reference number is also highlighted in a coloured box.(b) Guidance is in normal type, font size 11.October 07UG-1.2.5
The CBB's interpretation of all Rules and Guidance in this Volume is final.
Amended: January 2011
October 2007UG-1.2.6
Paragraph UG-1.2.5 does not prejudice the rights of an authorised person to make a judicial appeal, should it believe that the CBB is acting unreasonably or beyond its legal powers.
October 07UG-1.2.7
All Rulebook content has the formal status of at least a Directive. Some Rulebook content may also have the status of Regulations. Rulebook content that is categorised as a Rule is therefore legally mandatory and must be complied with by those to whom the content is addressed.
October 07UG-1.2.8
[This paragraph was deleted in July 2012].
Deleted: July 2012UG-1.2.9
The CBB's enforcement powers and processes are set out in Module EN.
October 07
