Intermediaries are not included in this and do not have to comply. Ministers must have regard and powers before commencing regulations regarding incentives. "The FMA must, before commencing a proceeding under subpart 3 of Part 8 for a contravention of this subpart, obtain the consent of the Commerce Commission if the FMA considers that the conduct in question is likely to contravene any provision of—(a) the Credit Contracts and Consumer Finance Act 2003; …(b) the Fair Trading Act 1986. (2) However, a failure to obtain consent does not affect any proceedings commenced by the FMA."