Section 1065 — Corporations Act 2001: Meaning of relevant AFCA determination

(1) A determination made by AFCA in respect of a person is a relevant AFCA determination if: (a) the determination relates to a complaint by the person that: (i) at the time the complaint is made, is a complaint against another person (the relevant entity) who (at that time) is a member of the AFCA scheme; and (ii) is a complaint about a product, or service, of a kind mentioned in subsection (2); and (b) the determination: (i) requires the relevant entity to pay an amount to the person, whether or not the relevant entity still exists; and (ii) is accepted by the person. (2) For the purposes of subparagraph (1)(a)(ii), the kinds of products and services are as follows: (a) engaging in a credit activity (within the meaning of the National Consumer Credit Protection Act 2009): (i) as a credit provider; or (ii) other than as a credit provider; (b) providing financial product advice that is personal advice provided to a person as a retail client about one or more products that include at least one relevant financial product (within the meaning of Part 7.6 of this Act); (c) dealing in securities for a person as a retail client, other than issuing securities. (3) In this section: credit provider has the same meaning as in any Part of the National Consumer Credit Protection Act 2009 other than Part 3-2CA.