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The operator, the custodian, the trustee or the persons providing oversight arrangements may agree that all or any part of any permitted payments, charges and expenses of the collective investment scheme may be treated as capital expense or income expense and allocated to the capital account or income account respectively.

The operator of a collective investment scheme must ensure that any agreement in sub-regulation (1} is permitted by the constitution and specified in the prospectus in sufficient detail for a unit holder or a prospective unit holder to make an informed decision in relation to the allocation of such charges and expenses to be paid from the capital property or the income property, as the case may be.