Adviser Online Terms and Conditions

Effective 15 December 2023

Terms and conditions

1. Introduction

The Operator and/or the Trustee offer a facility by which financial intermediaries, including Companies and their Representatives that are registered with the Operator and/or Trustee, can access Adviser Online to view, administer and transact on their Clients’ Accounts, including using Electronic Banking, in accordance with these Terms and Conditions.

Electronic Banking is provided for Cash Accounts if stated in the relevant Account Terms and Conditions.

You will be given the opportunity to review and accept these Terms and Conditions upon registering with the Trustee/Operator and will be taken to accept them each time you or your Representative access Adviser Online.

If there are any inconsistencies between these Terms and Conditions and any Account Terms and Conditions, these Terms and Conditions will prevail to the extent of the inconsistency. Except where stated otherwise, information available from hyperlinks in these Terms and Conditions is provided for information only and do not form part of these Terms and Conditions.

ePayments Code

The ePayments Code (Code) is an industry code administered by the Australian Securities and Investments Commission (ASIC). The Code regulates electronic payments, including ATM, EFTPOS and card transactions, online payments, internet (online) and mobile banking, telephone banking, direct debits and BPAY. It applies in addition to other regulatory and licensing requirements that apply to us. The Code does not apply to products designed and established primarily for business purposes.

From the date of MBL’s adoption of the Code MBL will comply with the Code in relation to Cash Account transactions which are governed by it.

Access

You and your Client (i.e. the Account holder), must each have a mobile phone number in order to authorise payments using Electronic Banking.

Multi-factor authentication is required each time you access Adviser Online.  See section 9 for more information on enhanced security measures we may apply.

Authorised Users

Subject to the Account Terms and Conditions and completion of the applicable on-boarding and identification requirements, your Client may nominate another person as an Authorised User to have access to their Account(s) by completing the appropriate form. Depending on the type of authority granted, Authorised Users may be able to view, create and/or transact on  Accounts through Adviser Online, including Electronic Banking, using their Access Code or (where enabled) Biometric Data stored on their Device.

As an Authorised User for your Client(s) you must comply with these Terms and Conditions. Wherever “You” is used throughout these Terms and Conditions the relevant obligation or requirement also applies to any of your Representatives that are Authorised Users, as the context requires.

2. What you should do to help keep your money safe (Security Guidelines)

Adviser Online including Electronic Banking can be accessed online using any Device, in combination with your Passcodes, in order to create and/or authorise transactions. Maintaining secrecy and security of your Devices and Passcodes is very important, as whoever has access to them may be able to perform transactions on Client Accounts.

These requirements are designed to help keep your Passcodes and Devices secure. By following these requirements, you can assist in preventing unauthorised transactions on Client Accounts. Liability for unauthorised transactions is determined under section 4.

Failure to observe these requirements may mean that you are liable for losses caused by unauthorised transactions.

2.1 Inform us of any security compromise ASAP

You must inform us as soon as you become aware of any Passcode or Device having potentially been misused, lost or stolen, had their security breached, or you otherwise suspect the security or secrecy of them may be compromised.

You can contact us 24 hours a day, seven days a week by calling us on 13 31 74.

You or your Representative, as applicable, must give us any information that you or they have or can reasonably obtain regarding the loss, misuse, theft or other compromising circumstance.

2.2 Keep your Devices secure

You must take all reasonable steps to protect the security of your Devices – e.g. computers, mobile phones, tablets or any other device which can access Adviser Online, including Electronic Banking.

Reasonable steps include:

  • protecting your Devices from viruses
  • not maintaining or automating passwords within your Device;
  • setting screen locks, strong passwords and ensuring that others do not have access to the use of your Device; and
  • logging out from Adviser Online at the end of each session.

If you wish to use Biometric Data to access your Device or Adviser Online, you must ensure that no other person’s Biometric Data is stored on the Device. If someone else’s Biometric Data can be used to access your Device, that person may be able to view your Clients’ Account(s) and perform transactions. Subject to clause 4.2(a), we will treat as authorised, and you will be responsible for, any transactions performed using the Biometric Information of someone else that has been used to access the Device. This is particularly important for cases of ‘friendly fraud’ – i.e. people or children who you allow to access your Device, either through saving their own Biometric Data on the Device or by knowing your Passcode.

You acknowledge that, for security purposes, we reserve the right at any time to log you out of Adviser Online, for example if you are inactive for a period of time after having logged on.

Where you or your Representative remove some system level restrictions on a Device by, for example, 'jailbreaking' or 'rooting' the Device, then you are responsible for any loss arising from unauthorised activity carried out on the Device, including in respect of your Clients’ Account(s).

2.3 Keep all Passcodes secret

To protect your Passcodes you must:

  • not disclose any Passcode to anyone, including a family member or friend;
  • take care to prevent anyone seeing a Passcode being entered into a computer, telephone or other Device;
  • try to commit all Passcodes to memory and not record them by any means (including by storing them on a Device) without making a reasonable attempt to disguise them;
  • not write or indicate your Passcode (whether disguised or not) on any Device, or on other articles which could be lost or stolen simultaneously with the Device (e.g. a phone case) unless you have made a reasonable attempt to disguise or protect the security of the Passcode;
  • not choose a Passcode which can be easily guessed including, for example, a Passcode that uses repeated characters, consecutive numbers, or a Passcode that represents a recognisable part of your name, birth date, telephone number, driver’s licence number or similar;
  • change all Passcodes at regular intervals (where they are capable of being changed);
  • not act with extreme carelessness in failing to protect the security and secrecy of your Passcode(s), and
  • report any disclosure, loss, theft, misuse or suspected breach in the security of your Passcode(s) in accordance with section 2.1.

The following are examples of what IS a reasonable attempt at disguising a Passcode:

  • hiding or disguising the Passcode:
    • within the place you have recorded it, or amongst other records; or
    • in a place where such a code would not be expected to be found,
  • keeping any record of the Passcode in a securely locked container; or
  • preventing unauthorised access to an electronically stored record of the Passcode.

The following are examples of what is NOT a reasonable attempt at disguising a Passcode– recording it:

  • in reverse order;
  • as a telephone number in a place where no other numbers are recorded;
  • as a telephone number where the Passcode is in its correct sequence;
  • as a sequence of numbers or letters with any of them marked to indicate the Passcode;
  • as a date (including a birth date) or as an amount; or
  • in any other way that can be easily identified.

Where you are able to set your own Passcode (e.g. a PIN or Password), you must not select:

  • a numeric code which represents your date of birth, or
  • an alphabetical code which is a recognisable part of your name.

2.4 Security and Fraud

Please read the Security and Scams Hub for more information.

Unfortunately, scams can originate from many sources. Refer to our website for descriptions of common scam scenarios, red flags to look out for, and what you can do to help protect yourself and your Clients.

2.5 Protecting Client information

You must take commercially reasonable steps to keep Client information secure by:

  • employing appropriate physical security measures and technology security systems for your business (e.g. firewalls and antivirus/anti-spyware software)
  • complying with your obligations under the Privacy Act 1988 with regard to any information or Client data or other data stored on or obtained via Adviser Online
  • restricting access to Adviser Online to those Representatives for whom access is reasonably necessary to perform your duties to Clients

You must notify Macquarie:

  • as soon as you become aware of or reasonably suspect:
    • any unauthorised access to Client data whether held physically or via your systems
    • the compromise of any of your systems or processes (including by spyware or malware),
    • any breach of data security or privacy;
    • any misuse of Adviser Online by you or your Representative; or
    • the material breach of any of the Terms and Conditions by you or a Representative; and
  • promptly if any Representative of yours to whom an Access Code has been issued ceases to be your Representative and/or ceases to service a Client, in which case once we are notified, we will promptly ensure that the Access Code for that Representative will be delinked from information and accounts associated with you.

You acknowledge that we may, in our reasonable discretion, and subject to providing reasonable notice:

  • conduct an audit or sample testing of your systems and controls relating to the security of Client data and/or require that the Company facilitate an independent review of security measures in place; and
  • impose reasonable additional data security requirements on you.

2.6 Reliance on you having the Client’s authority

Unless we have received prior notice to the contrary, you acknowledge that you continue to have the Account holder’s authority to make any authorised transaction (as defined in section 4 of these Terms and Conditions) effected by you via Adviser Online.

3. How to make and receive payments

You are able to transfer funds from your Client’s Cash Account within Adviser Online or to another bank account through Electronic Banking. This may not apply to all Accounts, for example a security-blocked Account or term deposit. Please refer to the relevant Account Terms and Conditions to see if this feature is available.

Depending on the Wrap Product and Cash Account associated with that Wrap Product, payments may either be initiated in accordance with the Adviser Initiated Payments process described in clause 3.1, or the Bulk Transacting process described in clause 3.2.

3.1 Adviser Initiated Payments

  1. Only Representatives that have their own Access Code are permitted to initiate payments in accordance with these Terms and Conditions.
  2. The initiation of a payment will result in us sending a Passcode to the Client.
  3. If the Client consents to a payment that has been initiated by a Representative, the Client will need to verbally provide the Passcode to the Representative.
  4. Once the Representative has received the Passcode verbally from the Client authorising the payment, the Representative can enter that Passcode to enable the payment to be completed.Only the Representative who has initiated the payment is permitted to enter the Passcode obtained from the Client verbally to complete the payment.
  5. Only the Representative who has initiated the payment is permitted to enter the Passcode obtained from the Client verbally to complete the payment.
  6. It is the Representative’s obligation to ensure that the person from whom they verbally received the Passcode is their Client, and the person whose Cash Account is being transacted on.
  7. Each time a Representative seeks to complete a payment, they will be required to acknowledge and confirm that the Passcode entered by them has been provided to them verbally by the Client to authorise the payment and they are the one and the same person who has initiated the payment for the Client.

3.2 Bulk Transacting

Bulk transacting is an administration tool we provide to you. The tool is designed to permit you to collect fees and make bulk payments from multiple Accounts (where that functionality is available) that various Representatives licensed under the same Company may have with us. We only permit this tool where you and/or your Representative have provided the required level of authority over the relevant Account. We do not charge you fees or charges for the use of bulk transacting.

3.3 Pay Anyone Payments

When providing instructions for any Pay Anyone Payment, it is your responsibility to ensure that the intended payee's account details are correct. No checks are carried out to determine if the details provided in a Pay Anyone Payment instruction are correct. For example, there is no check that the BSB and account numbers provided correspond with the account name of the payee.

Accordingly, any error made in entering details may result in a payment being made to an unintended recipient and it may not be possible to recover the funds. Refer to the Mistaken Internet Payments procedures in section 5.

Processing your instructions

  1. To make a Pay Anyone Payment, you will need the following information for each account you wish to transfer money to:
    1. the account BSB
    2. the account number; and
    3. the account name.
  2. You must select the Account from which the payment will be made, and may also elect to provide a reference description of the transaction. We reserve the right to override or to not present reference descriptions to payees where we reasonably consider them to be inappropriate.
  3. Once a Pay Anyone Payment instruction has been accepted by us, it cannot be cancelled except if it is a scheduled Pay Anyone Payment.

Scheduled Pay Anyone Payments

  1. You can arrange to make a Pay Anyone Payment on a future date, including on a recurring basis.
  2. A scheduled Pay Anyone Payment may not be processed for a number of reasons, including if, on the day the scheduled Pay Anyone Payment is due:
    1. there are insufficient cleared funds in the Account from which the payment is to be made; or
    2. the payment will cause the daily transaction limit for the Account to be exceeded.

For scheduled processing times, refer to our website. 

3.4 BPAY Payments

Depending on the Account, you may be able to make BPAY payments to Billers (which may include us) from the Account through Electronic Banking. MBL is a member of the BPAY Scheme and will tell you if it is no longer a member.

BPAY payments can be made from most Cash Accounts held with MBL and can be made immediately or on a date up to 12 months in the future. Some Billers will not accept BPAY payments from certain account types and others may have restrictions on the amount that can be paid by BPAY.

  1. Processing Instructions
    1. To make a BPAY payment you will need to provide the following details:
      1. the Account from which the BPAY payment is to be made;
      2. the Biller code; and
      3. the Customer Reference Number (CRN).
    2. MBL will debit the Account you select with the bill amount that you specify.
    3. Except for a scheduled payment, a BPAY payment instruction cannot be cancelled.
    4. If MBL is advised that a BPAY payment cannot be processed by a Biller, we will notify you by crediting your Account with the amount of the BPAY payment and take all reasonable steps to assist you in any further attempt to make the BPAY payment.
    5. When MBL makes a BPAY payment is not acting as your agent or the agent of the Biller to whom the payment is directed.
  2. Scheduled BPAY Payments
    1. You can arrange for a BPAY payment to be made up to 12 months in the future. Some Billers do not allow for recurring payments to be set up.You will be notified at the time of setting up the transaction if this is the case.
    2. A scheduled BPAY payment may not be processed for a number of reasons, including;
      1. the Biller no longer participates in the BPAY Scheme;
      2. there are insufficient cleared funds in your Account on the day the payment is scheduled; or
      3. the payment would cause your daily BPAY transaction limit to be exceeded.
    3. For scheduled processing times, refer below.

3.5 General information on transactions

When you make a transfer or a payment on an Account through Electronic Banking, the following general conditions apply:

  1. the receipt of instructions to transact will be confirmed (although not the transaction itself);
  2. you should check the Account records carefully and report to us as soon as you become aware of any payments that you think have been made in error or which were not authorised (see section 4 for liability relating to unauthorised payments) – you must make such reports by calling us on 13 31 74;
  3. you should notify us promptly if you become aware of any delays or mistakes in processing transactions;
  4. subject to clause 4.2(a) you authorise us, and we are entitled, to act upon any instruction received through Adviser Online and you authorise MBL, and MBL is entitled to act upon any instruction received through Electronic Banking in conjunction with the correct Access Methods and other terms agreed between you and us;
  5. we are not obliged to effect a payment instruction if:
    1. it is not made in accordance with these Terms and Conditions;
    2. the Account Terms and Conditions for the Account from which the payment is to be made prohibits the payment;
    3. the information given to us, or requested by us, is incomplete and/or inaccurate;
    4. we are restricted or prohibited by law, regulation, industry code, or the requirement of a government or similar authority from permitting the payment to occur;
    5. there is a technical failure of equipment or a system which causes non-acceptance or a delay in the transmission of the instruction;
    6. the financial institution to which the payment is to be made does not accept it or delays accepting it;
    7. your or an Authorised User’s right to participate in Adviser Online and/or Electronic Banking is suspended;
    8. there are insufficient cleared funds in the Account from which the payment is to be made to cover the amount of the payment on the day the payment is instructed to be made; or
    9. the request would cause your Client to exceed any daily limit (on the day the payment is instructed to be made) we impose on their Account or use of Electronic Banking;
  6. subject to the payment cut off and processing time commitments set out in section 6 we have absolute discretion to determine the order in which we give effect to payment instructions received.

4. Unauthorised transactions and when you are responsible for them

Subject to section 4.1 below, the Account holder’s liability for unauthorised transactions is determined in accordance with the ePayments Code (where it applies). The main provisions of the Code are reflected within this section 4. Where there is any inconsistency between this section and provisions of the Code then the Code prevails if the Code is applicable. This section 4 also prevails to the extent of any inconsistency with section 2.

An unauthorised transaction is one which is not authorised by the Account holder or an Authorised User, and occurs without the Account holder’s (or the Authorised User’s) knowledge or consent – e.g. there is a transaction on a statement which the Account holder knows nothing about. 

Whereas an authorised transaction is one which is authorised by the Account holder or an Authorised User, and occurs with the Account holder or the Authorised User’s knowledge and consent. Unfortunately, some scams fall into this category because the scammer has convinced the Account holder or Authorised User as to the legitimacy of the transaction or payment details and the Account holder or Authorised User has authorised the payment to occur.

In order to minimise the risk of an unauthorised transaction occurring, you must follow the security requirements set out in section 2 and in section 3. If you don’t and this contributes to an unauthorised transaction occurring, then the Account holder may be held responsible for those transactions.

If you unreasonably delay informing us about any Passcode or Device having potentially been compromised, then the Account holder may be held responsible for any unauthorised transactions that result.

4.1 Accounts which are not subject to the Code

The Code does not apply to Accounts which are designed and established primarily for business purposes or where the Account is issued by an entity which has not subscribed to the Code, for example, the Wrap Products. The Code may also not apply to a Cash Account that is held in the name of a Custodian under the terms of the relevant Wrap Product Where the Code does not apply, to the extent permitted by law and subject to any relevant industry codes of practice, we are not liable to indemnify or otherwise compensate you or the Account holder for any loss or damage either of you may incur due to:

  • unauthorised transactions carried out on such accounts, or
  • the failure of any system or equipment to complete a transaction, which is shown as being accepted by that system or equipment,

provided that we have acted properly and without fraud or negligence on our part.

Despite this, you and the Account holder are not liable for loss arising from unauthorised transactions that occur in the circumstances listed in items 1 through 5 of clause 4.2(a) below.

4.2 Accounts which are subject to the Code

This section 4.2 only applies to Accounts which are subject to the Code, including those that are established for personal or consumer purposes.

  1. When you and the Account Holder are not liable
    Subject to clause 4.1, the Account holder is not liable for loss arising from an unauthorised transaction that occurs:
    1. after you or they have informed us that the relevant Passcode or Device has been compromised (e.g. lost, stolen, misused);
    2. because a Device or Passcode is forged, faulty, expired or cancelled (this only relates to Devices issued to you by us, and not your personal electronic Devices);
    3. before you received a Passcode, where the Passcode was required to perform the unauthorised transaction;
    4. due to the same transaction being incorrectly debited or credited more than once to the same Account;
    5. due to the fraudulent or negligent conduct of our employees or agents;
    6. due to the fraudulent or negligent conduct of any companies involved in the electronic transaction system or merchants in the system, or their employees or agents;
    7. where access to Electronic Banking had been enabled through the use of your Access Code without entering a Passcode; or
    8. where it is clear that you did not contribute to the loss.

You can help meet these and limit your and the Account holder’s liability by observing the security requirements in section 2.

System or equipment malfunction

The Account holder is not liable for loss caused by the failure of any system or equipment to complete a transaction, which is shown as being accepted by that system or equipment. However, to the extent that you should reasonably have been aware that any system or equipment was unavailable or malfunctioning, our liability is limited to correcting errors in the Account and refunding any fees or charges that were incurred as a result.

  1. When the Account holder is liable
    The Account holder is liable for losses arising from unauthorised transactions that occurred before we are notified of the breach of security in relation to a Passcode where:
    1. you haven’t followed the security requirements in section 2;
    2. you’ve acted with extreme carelessness in failing to protect the security or secrecy of a Passcode;
    3. you’ve unreasonably delayed informing us about a breach of security or secrecy in relation to any Passcode or Device (although they will only be liable for the losses that occur after you or the Account holder become aware, or should reasonably have become aware, of the breach of security); or
    4. you’ve committed fraud (including by any of your Representatives).

In any assessment of liability we must prove on the balance of probability that these events caused the loss, taking into account any other contributing causes.

Except where these Terms and Conditions or the Code provides otherwise, the Account holder is responsible for all authorised transactions which are carried out with your or the Account holder’s knowledge and/or consent – this includes falling victim to a scam

However, the Account holder is not liable for:

  • that portion of the loss on any one day, or in any period, that exceeds any applicable daily, or periodic, transaction limit of the Account;
  • that portion of the loss which exceeds the balance of the Account; or
  • losses on any Account which we agree cannot be accessed through the use of any Access Methods.

If we are unable to be contacted by phone because our lines are unavailable, the Account holder will not be liable for unauthorised transactions which could have been prevented had we been contactable, provided we are told within a reasonable time after our telephone facilities become available again.

In accordance with section 4.2(a)(1), the Account holder won’t be liable for any unauthorised transactions that occur after you’ve told us about the breach of security in relation to a Passcode or Device.

Where the Account holder’s liability is limited

There may be circumstances where a Passcode is required to perform a transaction and we do not establish that either you, the Account holder or another Authorised User have contributed to the loss in the ways set out in items (1)-(4) above. Where this occurs, the Account holder’s liability for loss arising from an unauthorised transaction that occurs before either you, the Account holder or another Authorised User tell us about the breach of security in respect of a Passcode or Device, is the lesser of:

  • $150;
  • the balance of the Account; or
  • the actual loss at the time that we are notified of the breach of security (except any portion of the loss that may exceed any applicable transaction limits).

4.3 Account Aggregation Services

Some companies provide account aggregation services that allow you to view account information from different institutions on the one webpage, or download account statements. These companies usually require you to give them your Passcode(s). We do not endorse, promote, or authorise the use of account aggregation services in connection with the Account(s). If you disclose any Passcode(s) to such persons, subject to section 4.2(a), the Account holder may be liable for any transactions on the Account(s) made by that person using that Passcode(s). Refer to section 2 for more information.

5. Mistaken payments

To report a Mistaken Internet or BPAY Payment you can contact us 24 hours a day, seven days a week by calling 13 31 74.

5.1 Mistaken Internet Payments (‘Pay Anyone’ Payments)

Mistaken Internet Payments are dealt with in accordance with the ePayments Code and the relevant provisions are reflected in this section. BPAY, cash and cheque payments are excluded. For mistaken BPAY payments see section 5.2.

Whilst the Code and this section does not apply to accounts designed and established for business purposes, we will generally follow the same process. However, meeting these provisions may not always be possible – e.g. it may be out of our control where another bank has different processes for consumer and business payments.

  1. Mistaken Internet Payments (MIPs) made by you
    1. You should report MIPs by calling us as soon as possible, as delays may impact on our ability to recover the funds on your behalf.
    2. We will need to collect information from you that will allow us to investigate and determine whether a MIP has occurred. We will provide a reference number, or some other form of acknowledgement, which should be retained as evidence of the date and time of the report.
    3. If we are not satisfied that a MIP has occurred, we will not take further action and the Account holder will be liable for the loss arising from the payment.
    4. If we are satisfied that a MIP has occurred, we will send a request for the return of the funds to the ADI whose customer received the payment (known as the receiving ADI). Sending this request to the receiving ADI requires us to disclose information to that ADI about the Account and the MIP.
    5. If the receiving ADI is also satisfied that a MIP has occurred and there are sufficient funds available in the account of the unintended recipient, the receiving ADI will attempt to recover the funds and return them to us and we will credit them to the Account from which the payment was made. The following process will apply:
    6. If you report: 

      Then the receiving ADI: 

      Within 10 Business Days of the payment

      is required to return the funds to us within 5 to 10 Business Days of receiving our request

      Between 10 Business Days and 7 months of the payment

      will undertake an investigation and give the recipient 10 Business Days to establish that they are entitled to the funds, and if they don’t, the receiving ADI will return the funds to us within 2 Business Days of the expiry of that period 

      This process could take up to a month.

      More than 7 months after the payment 

      Will ask the recipient if they agree to the return the funds to us.

    7. If the receiving ADI is satisfied that a MIP has occurred but there are insufficient funds in the unintended recipient’s account to refund the amount of the payment, then the receiving ADI will use its discretion having regard to a number of factors including those set out in the Code in deciding whether to pursue a full or partial return of the funds.
    8. If the receiving ADI is not satisfied that a MIP has occurred, it may (but it is not obliged to) seek the consent of the recipient to enable the return of funds.
    9. The Account holder will be notified in writing, within 30 Business Days of receipt of the report of a MIP from the Account, of the outcome of our investigation. If they are not satisfied with how the report is handled by us, they can make a complaint in accordance with section 15.
    10. If the mistaken recipient does not agree to return the funds, or only partial funds are recovered, then the Account holder may need to seek legal advice as to what options are available to them
       
  2. Mistaken payments received into the Account
    1. Funds may be received into the Account where the Account holder is not the intended recipient due to a sender entering the wrong BSB number, account number or other identifying information when making an internet payment.
    2. If you become aware of any payments into an Account of which the Account holder is not the intended recipient, please contact us as soon as practical. Do not transact on the funds as this may be a criminal offence.
    3. Where we receive a request for the return of funds from an ADI whose customer reports a mistaken payment into an Account, and we are satisfied that a mistaken payment has occurred, and there are sufficient funds in the Account, we may:
      1. debit from the Account the amount of the mistaken payment without notifying the Account holder or obtaining their consent (if the sender reports the mistake within 10 Business Days of the payment); or
      2. restrict access to the funds and give the Account holder 10 Business Days to establish that they are entitled to the funds before debiting the Account (if the sender reports the mistake after 10 Business Days but within 7 months of the payment)
    4. Otherwise, we will seek the Account holder’s consent to return the funds.
    5. If we are satisfied that a mistaken payment has occurred, but the balance of the Account is less than the amount of the mistaken payment, we will contact the Account holder to discuss how best to facilitate repayment to the sender.
    6. Where we are unable to determine that the payment was a result of a MIP, we may still contact the Account holder to seek their consent to the return of the funds.
    7. Despite the above provisions, if the Account holder is a recipient of income support payments from Centrelink, we will only seek to recover the funds from the Account holder in accordance with the Code of Operation for Centrelink Direct Credit Payments.

5.2 Mistaken BPAY Payments

  1. What to do if there’s been a mistake or error
    You should take care to enter the correct amount and Biller details. If the amount entered is greater than intended, you must contact the Biller to obtain a refund. If less, another BPAY payment can be made to make up the difference.

    If you told us to pay the wrong Biller we will seek to recover that amount from the Biller on the Account holder’s behalf. However, if we cannot recover the amount within 20 Business Days then you or the Account holder may need to engage directly with the Biller to try and recover the amount paid. You acknowledge that the receipt by a Biller of a mistaken or erroneous payment does not, or will not constitute under any circumstances, part or whole satisfaction of any underlying debt owed between the Account holder and the Biller.

    You should check the Account carefully and promptly report to us any BPAY payments you think are errors or that were not authorised by you or the Account holder. The longer the delay between the date of the BPAY payment and when we are informed of the error, the more difficult it may be to correct the error. You or the Account holder may need to liaise directly with the Biller to correct the error if, for example, because of delay, we no longer have sufficient information to investigate it.

    If we make a BPAY payment to a person or for an amount not instructed by you or not made with your knowledge or consent, and the Account was debited with the payment, we will credit that amount back to the Account so long as you have complied with the relevant Security Guidelines requirements of section 2.

  2. Information you need to provide us
    For us to investigate a BPAY payment from an Account that may be unauthorised, the Account holder must first give us their written consent, addressed to the Biller who received that BPAY payment, which authorises us to obtain information about their account or the BPAY payment from that Biller. They will need to include any customer reference number issued by the Biller and any other information we require. If they do not give us the consent, the Biller may not be permitted under law to disclose to us the information we need in order to investigate or rectify that BPAY payment.

  3. Disputes or complaints in relation to BPAY payments
    Disputes in relation to unauthorised, fraudulent or wrong BPAY payments will be handled in accordance with our complaints policy, details of which are set out in section 12, and in accordance with the relevant rules of the BPAY Scheme.

    You and the Account holder must provide us such assistance as may be reasonably necessary to conduct investigations in respect of any mistaken, unauthorised or fraudulent payments. The longer the delay between when you tell us of the error and the date of the payment, the more difficult it may be to perform the error correction. For example, we or the Biller may not have sufficient records or information available to us to investigate the error. If this is the case, you may need to demonstrate that an error has occurred, based on your own records, or liaise directly with the Biller to correct the error.

    Except where the rules of the BPAY Scheme say otherwise, liability for unauthorised and fraudulent BPAY payments will be determined in accordance with section 4 of these Terms and Conditions. No chargeback rights are available in respect of a BPAY payment from an Account, and except for mistaken, unauthorised or fraudulent payments, BPAY payments are irrevocable.

  4. BPAY resolution principles
    In accordance with the BPAY Scheme:
    1. If an unauthorised transaction has occurred which is also a mistaken or fraudulent (scam) payment, then we will treat it as an unauthorised transaction.
    2. If a fraudulent (scam) payment you have made is also a mistaken payment, then we will treat it as an authorised transaction.
       
  5. Limitation of liability and indemnity
    Subject to section 4 of these Terms and Conditions we are not liable for any consequential loss or damage you or the Account holder may suffer as a result of using the BPAY Scheme, other than:
    • any loss or damage you or they suffer due to our negligence, or
    • in relation to any breach of a condition or warranty implied by law under consumer protection legislation which may not be excluded, restricted or modified at all or only to a limited extent.

6. Payment cut-off and processing times

Payment cut-off and processing times are available below. Our obligation to process payments is subject to the limitations set out in clause 3.

Any relevant information published from time to time about payment cut-off and processing times within the URL address above forms part of these Terms and Conditions.

6.1 Payment cut-off times

All times listed in this section refer to Sydney time (AEST / AEDT).

Standard cut-off times

In order for funds to be processed within the processing times set out in section [6.2], the following cut off time applies – payment instructions must be fully approved by the relevant authoriser(s) for the account and (if required) us before this time:

All payments: (excluding those noted below)

By 6:30pm Sydney time

Bank cheques and Telegraphic Transfers:

By 3.00pm Sydney time

Sometimes we may refuse to act on a request to conduct a transaction in respect of an Account because we have formed a reasonable suspicion as to the authenticity of the request or the person requesting it – you acknowledge in these circumstances there may be delays or non-performance in conducting a transaction.

Changing or cancelling a scheduled payment – cut-off time

In order to change or cancel a scheduled payment, the change must be made before 11:59pm Sydney time (AEST/AEDT) on the Business Day before the payment is due.

6.2 Payment processing times

  1. Pay Anyone Payments and BPAY payments (including Batch Payments)
  2. Generally, a request will be processed as outlined in the table below:

    Time instruction received by us

    Time processed by us

    BPAY payment – treated as received by Biller

    Before the cut-off time on a Business Day

    The same day or next Business Day

    Within two Business Days

    After the cut-off time on a Business Day

    Within two Business Days

    Within three Business Days

    On a non-Business Day

    Within two Business Days

    Within three Business Days


  3. Scheduled payments
  4. Scheduled payments will be debited to and processed from your Account as outlined in the table below:

    When the payment is scheduled for

    Pay Anyone Payment – time processed by us

    BPAY payment – treated as received by Biller

    Business Day

    The same day or next Business Day

    Within two Business Days

    Non-Business Day

    Within two Business Days

    Within three Business Days

    On a Business Day, funds will be debited from your Account on the scheduled day. On a non-Business Day, funds will be debited from your Account the following Business Day or on the Business Day you have selected when setting up the payment.

  5. Telegraphic Transfers
    If the instruction is received by us before the cut-off time:
    • it will be processed the same day; and
    • domestic Telegraphic Transfers will be received by the destination bank on the same day.
  6. Otherwise, the request will be processed the next Business Day.

    International Telegraphic Transfers may take up to four Business Days to be received by the payee, depending on the destination country and number of other financial institutions involved.

  7. Delays
    A delay might occur in the processing of the transaction including where:
    • there is a public or a bank holiday on the day, or on the day after, you provide instructions or tell us to make the transaction;
    • we need to verify that the transaction is adequately authorised, including taking any additional steps we deem reasonably necessary such as calling the Account holder or an Office Holder;
    • we need to take extra steps to ensure compliance with any applicable laws; or
    • another participant of the BPAY Scheme is not complying with its obligations, or there is a system malfunction.

7. Daily transaction limits

Generally, there is no limit to the number or value of transactions you can complete in a day – this is subject to the available balance of the Account, the specific restrictions below and any additional restrictions specified in the Account Terms and Conditions. We may also impose restrictions which prohibit certain payments, on the basis of our reasonably formed view as to the risk of fraud or losses to either you/the Account holder or us from time to time – for the avoidance of doubt, these restrictions do not constitute limits themselves.

Daily transaction limits are located below.

Merchants and other facility providers may impose additional limits.

Transaction type Limit
Client online transfer limit* $20,000
Bpay No limit
Adviser initiated payments $500,000
Bulk transacting No limit

8. Fees and charges

There are no establishment or ongoing fees for accessing or using Adviser Online or Electronic Banking.

However, there may be fees and charges that apply to transactions conducted on Accounts through Electronic Banking. Refer to the applicable Account Terms and Conditions for details.

9. Enhanced security measures (multi-factor authentication)

For certain activities on an Account or in respect of Adviser Online, you may be asked to comply with our enhanced security measures. Such circumstances may include (but are not limited to) when you make a payment and/or other actions in relation to an Account or your Adviser Online access.

Our enhanced security measures provide an additional layer of security to protect you and us from unauthorised transactions and fraud. The measures may change from time to time at our discretion and include any appropriate method of authentication, or contacting you or the Account holder to verify the transaction or activity on the Account.

Multi-factor authentication is an authentication process which uses at least two different layers of security to verify your identity. For instance, the first layer of authentication is an Access Code and Password, and a second layer of authentication is imposed when you initiate certain transactions or perform certain activities on an Account. This additional layer of security may include, but is not limited to, the requirement to action a push notification,  or answer security questions.

You may be instructed to contact us to successfully proceed with a transaction or other Account activity if any enhanced security measure is not successfully satisfied. This may also result in a suspension to your Account access in line with section 10.

10. When we can suspend or terminate your access

We may, acting reasonably, suspend and/or terminate your or one or more of your Representatives’ use of and access to Adviser Online and/or Electronic Banking, including refusing to process payment instructions, for any of the following reasons:

  • material breach or suspected material breach (where such suspicion is reasonably formed) of these Terms and Conditions, any Account Terms and Conditions or any other incorporated agreements or guidelines – including where we reasonably believe that the Company’s or your security systems are inadequate or that there has been unauthorised access to Client data caused or contributed to by you or a Representative;
  • where we reasonably believe that use of Adviser Online and/or Electronic Banking, including attempting payments to particular payees, may cause loss to you, an Account holder or us;
  • to comply with our obligations under any applicable laws (including any Anti-Money Laundering or Counter-Terrorism Financing laws and sanctions) or a court order;
  • fraud or reasonably suspected fraud;
  • for BPAY transactions, where our membership of BPAY is suspended, ceases or is cancelled;
  • requests by law enforcement or other government agencies;
  • unexpected technical or security issues or problems;
  • we receive written notice from you or the Company that your registration for Adviser Online is no longer required;
  • if your AFSL or authorisation under an AFSL is revoked or cancelled; or
  • we reasonably determine that discontinuation of our commercial relationship with you is in our legitimate business interests

To protect you and us, we may deactivate or suspend the use of your Access Code or Password without prior notice if they have not been used within the last 12 months.

Where possible, we will give you reasonable notice of suspension or termination, however this may not be possible in all circumstances.

You may contact us to suspend your use of and access to Adviser Online and Electronic Banking.

11. General Terms and Conditions

11.1 Changes

We may change these Terms and Conditions at any time:

  • so long as we act reasonably, and
  • in accordance with the law and any codes of conduct to which we subscribe.

We will notify you of the changes we make as set out in the following table:

Type of change 

Time frame 

Method of notification 

Introduction of a new fee, increase to an existing fee, or other changes to fees, which relate solely to the use of Electronic Banking

30 days before the change takes effect

In writing or electronically 

Unfavourable changes, or changes which could increase the Account holder’s liability for losses relating to transactions conducted within Electronic Banking

30 days before the change takes effect

In writing or electronically

Impose, remove or adjust a daily or other periodical transaction limits that apply to the use of Electronic Banking

30 days before the change takes effect

In writing or electronically

Government charges 

In advance of the change, or as soon as practicable after, unless the change has been publicised by the Government  

In writing, electronically or by press advertisement

Refer to section 11.2 for more information on how we send notices.

If we make other changes to these Terms and Conditions which are not detrimental to you, we may publish an updated version of the Terms and Conditions in Adviser Online and you will have the opportunity to review and will be taken to have accepted them upon your next login. The first person (whether you or one of your Representatives) to do so will constitute your agreement to the new Terms and Conditions.

We may need to make immediate changes to these Terms and Conditions where it’s necessary for us to do so in order to restore or maintain the security of a system, or to protect you, an Account holder or us. In these circumstances, we may not provide you with advance notice and the above notice periods will not apply.

11.2 How we’ll communicate with you

You agree that all notices and other communications in connection with these Terms and Conditions may be given electronically by:

  • emailing them to your last known email address; or
  • being made available on our website or through Adviser Online.

Where communications are made available on our website or through Adviser Online, we may notify you of this fact by email.

You should login to Adviser Online, check our website and check your emails regularly.

11.3 Updating your contact details and access details

You must ensure that the contact details and authorisations that you provide to us about yourself and your Representatives, including relevant mobile phone numbers, email addresses and levels of access to an Account Holder, remain up to date.

If your or your Representative’s contact details or access or authorisations change, you must let us know as soon as possible by updating them within Adviser Online (where available) or by contacting us.

11.4 Availability of Adviser Online and Electronic Banking

We will use reasonable efforts to ensure that access to Adviser Online and Electronic Banking is available on a 24 hour continuous basis. However, this may not always be possible.

11.5 Marketing and other communications

You acknowledge that use of Adviser Online may involve certain communications from us, such as service announcements, administrative messages and marketing material, and that these communications are considered part of the Adviser Online service. This is separate to any direct marketing communications you may receive from us, which you have the option to unsubscribe from.

11.6 Proprietary Rights

You acknowledge and agree that Adviser Online consists of, and contains, Materials that are owned by us, our licensors and other contributors. Adviser Online and the Materials (the Content) are protected by intellectual property and other applicable laws.

We grant you a personal, non-transferable and non-exclusive licence to access and use the Content to the extent required to use Adviser Online. Under this licence you:

  • must not (and must not permit any third party to) modify, sublicense, loan, sell or distribute the Content, in whole or in part, create derivative works based on or reverse engineer the Content, or otherwise use any of the Content in any way for any public or commercial purpose; and
  • must not otherwise infringe the intellectual property rights of any person in using the Content.

You agree not to access, download or otherwise use the Content other than as expressly permitted by these conditions, and will be responsible, and indemnify us accordingly, for any loss or damage we incur in relation to the unauthorised use of such Content, except if such loss or damage arises as a result of our fraud, negligence or willful misconduct.

11.7 Use of mobile technology to access Adviser Online

By accessing Adviser Online via a mobile device, you do so on the following additional terms:

  1. Not all the functionality of the main Adviser Online site is available in the mobile device version of that site (the Mobile Site)
  2. Not all mobile devices operate in the same manner, and accordingly, some of the functionality included in the Mobile Site may not be available on a particular mobile device
  3. We do not charge you for use of the Mobile Site, but you remain responsible for any data charges that you incur from your mobile device provider or internet service provider through which you access the Mobile Site
  4. The Mobile Site optionally includes a feature which recalls your Access Code, but not your Password. For security reasons the first four characters of the Access Code will be masked from view
  5. You may be able to access product or service specific sites through the Mobile Site. If so, those sites might have their own operating terms or conditions of use via links on each page of the Mobile Site you can access other important information relevant to the Mobile Site

11.8 Exclusions

We agree to operate Adviser Online in accordance with applicable laws and use reasonable efforts to provide reliable data and information, to the extent that it is within our reasonable control.

Subject to these Terms and Conditions, any conditions, guarantees and warranties implied or imposed by legislation or applicable codes which cannot be lawfully excluded or limited:

  1. We exclude liability for any delay, interruption or unavailability of Adviser Online and for any inaccuracy or incompleteness of data provided by any person and available on Adviser Online or reliability of information outside of its control; and
  2. If we breach any condition or warranty implied by legislation into a contract with a consumer, we limit our liability for that breach to a resupply of the goods or services in respect of which the breach occurred. For the avoidance of doubt, we exclude any liability whatsoever for consequential or indirect losses, including where such losses arise as a consequence of suspension or revocation of access to Adviser Online in accordance with these Terms and Conditions.

12. Conditions of registration with us

12.1 ‘Wholesale client only’ AFSL authorisations

If your AFSL licence or AFSL authorisation only permits you to provide financial services to “wholesale clients” (as that term is defined in the Corporations Act 2001(Cth)), you agree that:

  1. you will provide financial services only to “wholesale clients” in accordance with your relevant AFSL conditions;
  2. you will not permit the onboarding or arrange for the acquisition or dealing in the Wrap Products (including any Cash Account) for Clients other than “wholesale clients”;
  3. you are not aware of any breaches of your AFSL conditions or authorisation and will notify us if you become aware of any breaches of your AFSL conditions.

12.2 Non-AFS licensed dealers

  1. By accessing or using Adviser Online, we generally consider non-AFSL (Australian Financial Services Licence) dealers to be out of scope in terms of AFS licensing and Design and Distribution Obligations (DDO) requirements. Therefore, unless we notify you otherwise due to your distribution activities, the provisions of the AFS licensing and DDO requirements do not apply to Non-AFSL dealers.
  2. Non-AFSL dealers are obligated to promptly notify us in writing if there are any changes in their circumstances that may affect their eligibility or compliance with applicable laws, regulations, or requirements. This includes any changes to their licensing status, regulatory obligations, or any other material changes that may impact their relationship with us.
  3. In the event that we become aware of any changes in the circumstances of a Non-AFSL dealer that render them ineligible or non-compliant with applicable laws, regulations, or requirements, we reserve the right, acting reasonably, to terminate our relationship with them. Such termination may occur without prior notice.

12.3 General conditions

  1. You agree to comply with Applicable Laws in relation to your use of Adviser Online and Electronic Banking and transacting for Clients.
  2. You must only use Adviser Online for proper purposes associated with Clients and only to the extent permitted by their unrevoked authority
  3. Where you hold an AFSL, or are an authorised representative of an AFSL holder, you warrant that your AFSL or authorised representative appointment (as applicable) authorises you to provide the applicable financial services related to the dealing in or advising on the Accounts.
  4. Where you do not hold an AFSL, or are not an authorised representative of an AFSL holder, you warrant that none of your services or activities constitute the provision of financial product advice, dealing or any other financial service requiring you to hold an AFSL or be appointed as an authorised representative of an AFSL holder.
  5. You acknowledge that you are not, except to the extent expressly agreed by us in writing, acting as our agent, and agree that you must not hold yourself out as our agent.
  6. You acknowledge that notwithstanding we provide access and use of Adviser Online and Electronic Banking under these Terms and Conditions, we are not responsible for your or a Representative’s acts or omissions whether acting within or outside of your or their legal authority.
  7. You acknowledge that you must not transfer funds from a Client Account into an account held in the name of any individual Representative(s).
  8. You warrant that you have adequate compliance systems, and must, on reasonable request provide us with certification to that effect.
  9. You acknowledge and agree that subject to these Terms and Conditions or Applicable Law or Code, if, as a result of your or your (current or former) Representative’s breach of your/their obligations under these Terms and Conditions, any expense, loss or liability (Loss) is suffered or incurred by:
    1. a Client, that you may be liable to the Client for that Loss; or
    2. us, that you indemnify us for the Loss we reasonably incur;

except where (and only to the extent that) we are liable under these Terms and Conditions, Applicable Law or Code, or due to our breach of these Terms and Conditions, or due to our fraud, negligence or willful misconduct having caused or contributed to the Loss.

12.4 Client Portfolio Management Conditions

You acknowledge and agree that you or your Representatives on your behalf must undertake the following administrative and investment portfolio management services:

  1. Promptly open your Client’s portfolio when instructed by the Client
  2. promptly and properly act on the Client’s lawful instructions relating to their portfolio
  3. act only on proper/written instructions from the Client
  4. keep the Client’s details up to date and keep records of Client instructions and dealings on portfolios in accordance with Applicable Laws
  5. comply with our reasonable requests to inspect or review such records on reasonable notice at a reasonable time
  6. monitor Client Cash Account holdings and contact Clients promptly if their Cash Account falls below the minimum balance
  7. monitor, develop and regularly assist Clients in relation to their investment strategies
  8. inform Clients of the potential risks and returns involved with their investment decisions
  9. agree with the Client appropriate frequency and (to the extent that reports can be tailored) content of portfolio reports
  10. act promptly on corporate action notifications and reports as notified by us
  11. ensure that, to the extent reasonably possible, all information which is provided to us relating to Client portfolios (eg cost base information on securities transferred into a portfolio) is accurate and not misleading or deceptive
  12. provide Clients with the most up to date offer document or Product Disclosure Statement (PDS) available for the underlying investments, prior to the Clients’ investment decision
  13. inform Clients that the proceeds from any future redemptions or managed investments will not be available for withdrawal or further investments until settlement has occurred and the proceeds are cleared in the Cash Account
  14. inform them that managed investment redemption times may vary throughout the year and are subject to the conditions and variations contained in the relevant PDS
  15. where recommendations are made to Clients that they acquire any underlying investments for their superannuation that are “illiquid investments” under superannuation laws, it is explained to Clients with reference to the relevant disclosure documentation:
    1. the reasons why certain “illiquid investments” are not able to be redeemed within 30 days
    2. the impact on the superannuation fund not being able to pay out (lump sum or rollover) from these investments within 30 days
    3. the maximum redemption periods which may apply to those types of investments
  16. written confirmation from Clients that they understand the above implications, will be obtained by the Company,
  17. be aware of the trustee limits for superannuation and pension Wrap Products and use best endeavours to ensure Client account transactions are made within those limits.

13. Anti-Money Laundering and Counter-Terrorism Financing

You must:

  1. not knowingly do anything to put us in breach of the Anti- Money Laundering and Counter-Terrorism Financing Act 2006, rules and other subordinate instruments (AML/CTF Laws); and
  2. notify us if you become aware of anything that would put us in breach of AML/CTF Laws; and
  3. if requested provide additional information and assistance and comply with all reasonable requests to facilitate our  compliance with AML/CTF Laws.

For the purposes of paragraph 38(e) of the AML/CTF Act, you acknowledge that we may rely on the applicable customer identification procedures (as prescribed by the AML/CTF Rules) carried out by you, and you warrant that:

  1. you are a reporting entity (or are a representative of a reporting entity) as that term is defined in the AML/CTF Act and the reporting entity has measures in place to comply with its obligations under parts 2 and 10 of the AML/ CTF Act; and

  2. all relevant documents, data and information obtained by you in the course of carrying out applicable customer identification procedures or the other procedures relating to the identity of a customer, including any verification information relating to the identity of customer, the beneficial owner of a customer, or a person acting on behalf of the customer, will be made available promptly following receipt by you of a written request from us but in any event within 7 calendar days of the request being received.

14. Privacy

You agree that in providing personal information to us you consent and have obtained the consent of other individuals whose personal information you share with us, to us collecting, using and disclosing the information in accordance with our Privacy Policy, as amended from time to time.

15. How to make a complaint

To contact us, from the side navigation in Adviser Online, hover over Help and select Contact us to locate the relevant details.

If you have a privacy related question or complaint, please contact our Privacy Officer on the contact details available from the side navigation in Adviser Online by hovering over Help and selecting Contact us to locate the relevant details.

What to do if you feel your complaint has not been resolved

If you have raised your concerns with us, and you are not satisfied with the outcome proposed or you believe that we have not resolved your complaint fairly, then you can request to have your complaint reviewed free of charge by the Australian Financial Complaints Authority (AFCA).

AFCA is an independent external complaints handling body approved for this purpose by ASIC. This service is available to individuals and small businesses and is free of charge.

AFCA may be contacted at:

Australian Financial Complaints Authority

GPO Box 3, Melbourne VIC 3001
Telephone: 1800 931 678
Website: www.afca.org.au

We are bound by whatever AFCA decides. However, if you do not agree with AFCA’s determination you are not bound by it and you can take the matter to court if you wish.

16. Definitions

Access Code is a unique code allocated to you which identifies you and when used in conjunction with a Passcode provides access to login to Adviser Online and Electronic Banking.

Access Method means a method authorised by us for you to access or transact on an Account – this includes any one or more of a login (Access Code), Passcode and any other code that we provide to you and any Representatives, or permit to be set up, from time to time. Where the technology is available and you have enabled it, this may also include Biometric Data stored on your Device, which is used to login to Electronic Banking.

Account means any Wrap Product and/or Cash Account accessed through Adviser Online.

Account Terms and Conditions means the terms and conditions that apply to you and your Client for the Account they hold and you access through Adviser Online.

ADI means any bank, building society, credit union or other authorised deposit-taking institution within the meaning of the Banking Act 1959 (Cth). 

Adviser Online means the secure web-based platform permitting access to Accounts and Client data, and facilitating online reporting, monitoring and Client transactions through it, including via Electronic Banking. Macquarie owns and operates the Adviser Online platform for the Operator/Trustee’s Wrap Products.

Authorised User means a person authorised by an Account holder to access and/or transact on an Account(s) (where the Account Terms and Conditions so allow).

AFSL – means an Australian Financial Services Licence.

Applicable Laws – means the laws which apply to the issue, distribution, and operation of the Accounts and Adviser Online and Electronic Banking including relevant ASIC policy and laws relating to privacy, sanctions, anti-bribery and corruption laws and anti-money laundering and counter-terrorism financing laws.

Biller means an organisation which tells you that you can make payments to them through the BPAY Scheme.

Biometric Data means fingerprint, facial recognition or other biometric information which is used as an authentication method to access a Device, Adviser Online or to authenticate transactions.

BPAY means a payment which you have instructed us to make, through Electronic Banking, to a Biller through the BPAY Scheme. BPAY® is a registered trademark of BPAY Pty Ltd ABN 69 079 137 518.

BPAY Scheme means the scheme operated by BPAY, which is a service which allows payments to be made electronically to Billers. This includes rules and operating procedures which govern MBL’s participation in the BPAY Scheme.

Business Day means any weekday except for Australian national public holidays.

Cash Account means the cash management account issued by MBL for the relevant Wrap Product.

Client means a person who holds or is likely to hold an Account and is or will be recorded as a Client of the Company as a result of the application or a subsequent instruction to that effect by the Client. The Client is also referred to as the ‘Account holder’ in these Terms and Conditions.

Code or ePayments Code is an industry code administered by ASIC which regulates electronic payments, including ATM, EFTPOS and credit card transactions, online payments, internet and mobile banking, telephone banking, direct debits and BPAY.

Company – means a company, association, sole trader or partnership that acts on a Client’s behalf in respect of their Account(s).

Device refers to any computer, mobile phone, tablet or other electronic device with an internet connection through which you can access Adviser Online.

Electronic Banking means MBL’s online banking platform accessible within Adviser Online which enables you to access and/or transact on your Clients’ Cash Accounts over the internet in accordance with these Terms and Conditions.

IDPS means an investor directed portfolio service, as defined in ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669, as amended or replaced from time to time.

Macquarie or MBL means Macquarie Bank Limited ABN 46 008 583 542 (Australian Financial Services Licence and Australian Credit Licence 237502)

Materials means any proprietary and confidential information including messages, files, data, software, images, photographs, illustrations and text contained on Adviser Online. 

Mistaken Internet Payment or MIP means a Pay Anyone Payment where the funds are paid into the account of an unintended recipient because a BSB or account number that does not belong to the intended recipient was entered as a result of:

  • you or an Authorised User’s error; or
  • you or an Authorised User being advised of the wrong BSB or account number.

Office Holder means the natural person(s) who hold the office of ‘director’ and/or ‘secretary’ of a company (or the equivalent for an association), who may operate an Account on behalf of a company or association.

Operator means the operator of the IDPS Wrap Product that your Client holds that you can access via Adviser Online.

Passcode means any passcode or code that we require you or an Authorised User to keep secret that may be required to authenticate you or a transaction, including in relation to any Access Method.  This includes any usernames, login credentials, Passwords, and SMS Codes.

Password means a security password which is issued by us, or selected by you as an Authorised User, which enables access to Adviser Online and/or Electronic Banking.

Pay Anyone Payment means a payment that can be made through Electronic Banking which is processed by direct entry involving the transfer of funds from an Account to another account held with us or to an account held with another financial institution in Australia.

Representative means an adviser, accountant, administrator, stockbroker, risk specialist, mortgage broker, intermediary, authorised representative or corporate authorised representative or any person that acts on behalf of a Company, including any nominated support staff that have their own individual Access Code.

SMS Code means a code we send by short messaging service (SMS) to your or the Account holder’s mobile phone.

Trustee means the trustee of the superannuation Wrap Product that you have registered with.

We, us or our means, as the context requires, the Trustee, Operator, and/or Macquarie and each of their successors and assigns. In terms governing access to and transacting using Cash Accounts via Electronic Banking, including sections 2 to 11, ‘we’, ‘us’ or ‘our’ includes MBL.

Wrap Product – means the IDPS and/or superannuation wrap product that the Operator and/or the Trustee (as applicable) as the issuer of the relevant wrap product has authorised you to access via Adviser Online from time to time.

You means the Company or Representative registered for access to Adviser Online, as applicable and as the context requires. “You” also includes Office Holders (jointly and severally) of a Company where the context requires. Any other grammatical form of "you" (including lowercase or possessive use) has a corresponding meaning.