Corporations Act 2001
Sections and provisions with full text and the judgments that cite each one.
Section 921BB — Additional requirements for relevant providers who provide tax (financial) advice services
(1) The Minister may, by legislative instrument, determine any or all of the following requirements for a person who provides, or is to provide, a tax (financial) advice service: (a) a requirement…
Section 921ZB — Application for registration—financial services licensees applying to register relevant providers
(1) A financial services licensee may apply to ASIC to register a relevant provider under subsection 921ZC(1A). Note 1: A notice must be lodged with ASIC under section 922D if a person becomes a…
Section 921BC — Exemptions for certain relevant providers
Time-sharing schemes (1) Sections 921BA and 921BB do not apply to a relevant provider if the only relevant financial product in relation to which the relevant provider provides personal advice to…
Section 921C — Limitation on authorisation to provide personal advice unless conditions met
Financial services licensees (1) ASIC must not grant an applicant an Australian financial services licence that covers the provision of personal advice to retail clients in relation to relevant…
Section 921ZC — Registration of relevant providers
Registration—relevant providers who are financial services licensees applying to be registered (1) If an application for registration is made in accordance with section 921ZA by a relevant provider…
Section 921ZD — Period of registration—relevant providers who are financial services licensees
If a relevant provider who is a financial services licensee makes an application in accordance with section 921ZA, and ASIC registers the relevant provider under subsection 921ZC(1), the…
Section 921E — Code of Ethics
(1) The Minister may, by legislative instrument, make a Code of Ethics. (2) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the Code of Ethics may make different provision in…
Section 921ZE — Period of registration—relevant providers who are registered in relation to financial services licensees
If a financial services licensee makes an application in accordance with section 921ZB in relation to a relevant provider, and ASIC registers the relevant provider under subsection 921ZC(1A), the…
Section 921F — Requirements relating to provisional relevant providers
(1) This section sets out the requirements in relation to a person who is a provisional relevant provider. Meaning of supervisor (2) A supervisor of a provisional relevant provider is an individual…
Section 921ZF — Assisted decision making
(1) ASIC may arrange for the use, under ASIC’s control, of processes to assist decision making (such as computer applications and systems) for any purposes for which ASIC may make decisions in the…
Section 921G — Approval of foreign qualifications
Application for approval (1) A person who has completed a foreign qualification may apply to the Minister in the form approved, in writing, by the Minister for approval of the foreign qualification.…
Section 921H — Modifications of Part in relation to continuing professional development
(1) The Minister may, by legislative instrument, determine modifications of the operation of a provision in this Part in relation to a period determined by the Minister under: (a) paragraph…
Section 921K — Power of Financial Services and Credit Panels to take action against relevant providers
(1) Subject to subsections (2) and (3), a Financial Services and Credit Panel may make an instrument of a kind specified in subsection 921L(1) in relation to a relevant provider if: (a) the relevant…
Section 921L — Instruments that Financial Services and Credit Panels may make in relation to relevant providers
(1) For the purposes of subsection 921K(1), the following kinds of instrument are specified: (a) a written direction that a relevant provider: (i) undertake specified training; or (ii) receive…
Section 921M — Copy of instrument to be given to affected person etc.
(1) If, under subsection 921K(1), a Financial Services and Credit Panel makes an instrument in relation to a person (the affected person), the panel must: (a) give a copy of the instrument to the…
Section 921N — Variation or revocation of instruments made in relation to relevant providers
(1) This section applies if an instrument of a kind specified in subsection 921L(1) is in force against a person (the affected person). Variation or revocation at ASIC’s initiative (2) ASIC may…
Section 921P — Proposed action notice
(1) A Financial Services and Credit Panel must give a written notice (a proposed action notice) to a relevant provider if the panel proposes to: (a) make an instrument under subsection 921K(1) in…
Section 921Q — Recommendations to ASIC in relation to restricted civil penalty provisions
(1) If a Financial Services and Credit Panel reasonably believes that: (a) a person has contravened a restricted civil penalty provision; and (b) the person was a relevant provider at the time of the…
Section 921R — Notices to Tax Practitioners Board about qualified tax relevant providers who are registered tax agents
(1) ASIC must give a written notice to the Tax Practitioners Board if an action specified in subsection (2) is taken against a qualified tax relevant provider who is a registered tax agent. (2) The…
Section 921S — Warnings and reprimands by ASIC
(1) ASIC must give a relevant provider a written warning or reprimand if: (a) ASIC reasonably believes that one or more of the following circumstances exist or have occurred in relation to the…
Section 921T — Warnings and reprimands by Financial Services and Credit Panels
(1) A Financial Services and Credit Panel may give a relevant provider a written warning or reprimand if the panel reasonably believes that: (a) the relevant provider is not a fit and proper person…
Section 921U — Fit and proper person test for relevant providers
The following matters are specified in relation to a relevant provider and a Financial Services and Credit Panel: (a) whether any of the following of the relevant provider has ever been suspended or…
Section 921V — Review of decisions etc.
Review of decisions (1) A person may apply to the Tribunal for review of any of the following: (a) a decision by a Financial Services and Credit Panel to make an instrument under subsection 921K(1);…
Section 921W — Electronic communication of documents given by Financial Services and Credit Panels etc.
(1) This section applies to any document that is required or permitted to be given to a person: (a) by a Financial Services and Credit Panel, or the Chair of a Financial Services and Credit Panel,…
Section 921X — Electronic communication of documents given to Financial Services and Credit Panels etc.
(1) This section applies to any document that is required or permitted to be given to: (a) a Financial Services and Credit Panel, or the Chair of a Financial Services and Credit Panel, under a…
Section 921Y — Unregistered relevant providers not to provide personal advice
A relevant provider must not provide personal advice to retail clients in relation to relevant financial products unless a registration of the relevant provider under subsection 921ZC(1) or (1A) is…
Section 921Z — Financial services licensees not to continue to authorise unregistered relevant providers to provide personal advice
Authorised representatives (1) A financial services licensee contravenes this subsection if: (a) the licensee has given a relevant provider a written notice under subsection 916A(1) authorising the…
Section 922A — Registers relating to financial services
(1) ASIC must establish and maintain one or more registers relating to financial services. (2) The regulations may prescribe the way in which the register or registers must be established or…
Section 922HA — Obligation to notify ASIC of financial services licensee’s CPD year
(1) A notice must be lodged under this subsection, in accordance with section 922L, if ASIC grants an applicant an Australian financial services licence that covers the provision of personal advice…
Section 922B — Fees for searching registers
The regulations may prescribe the fees that a person must pay to ASIC to do the things mentioned in section 1274A in relation to a register mentioned in section 922A or the Register of Relevant…
Section 922HB — Obligation to notify ASIC of non-compliance with CPD provisions
(1) A notice must be lodged under this section, in accordance with section 922L, in relation to a person if, at the end of a financial services licensee’s CPD year: (a) the person: (i) is the…
Section 922HC — Requirement to retain information
(1) A financial services licensee must retain evidence of the continuing professional development undertaken during the licensee’s CPD year by: (a) if the licensee is a relevant provider—the…
Section 922D — Obligation to notify ASIC about a person who becomes a relevant provider
Notice to include details about relevant provider (1) A notice must be lodged under this section, in accordance with section 922L, if a person becomes a relevant provider. Note: A financial services…
Section 922E — Information about a relevant provider who is a financial services licensee
(1) For the purposes of paragraph 922D(2)(a), the notice must include the following: (a) the relevant provider’s name; (b) the address of the relevant provider’s principal place of business; (c) the…
Section 922F — Information about a relevant provider who is not a financial services licensee
(1) For the purposes of paragraph 922D(2)(b), the notice must include the following: (a) the relevant provider’s name; (b) the address of the relevant provider’s principal place of business; (c) the…
Section 922G — Meaning of recent advising history
The recent advising history of a relevant provider is the following information: (a) for a relevant provider who is or was a financial services licensee authorised to provide personal advice to…
Section 922H — Ongoing obligation to notify ASIC when there is a change in a matter for a relevant provider
(1) A notice must be lodged under this section, in accordance with section 922L, if: (a) there is a change in a matter, particulars of which are entered for a relevant provider in the Register of…
Section 922J — Obligation to notify ASIC about a person who starts to have control of a body corporate licensee
(1) A notice must be lodged under this section, in accordance with section 922L, if a person starts to have control of a body corporate licensee. Note: Subsection 922P(3) provides that a notice is…
Section 922K — Obligation to notify ASIC about a person who ceases to have control of a body corporate licensee
(1) A notice must be lodged under this section, in accordance with section 922L, if a person ceases to have control of a body corporate licensee. Note: Subsection 922P(3) provides that a notice is…
Section 922L — Requirement for notice to be lodged
(1) A notice lodged with ASIC under any of the following provisions (a notice provision) must be in a prescribed form: (a) section 922D; (b) section 922H; (c) section 922HA; (d) section 922HB; (e)…
Section 922M — Failing to comply with obligation to notify ASIC
Failing to comply with obligation to notify ASIC (1) A person contravenes this subsection if: (a) the person is required to cause a notice to be lodged under a provision referred to in subsection…
Section 922N — Obligation for relevant providers to provide information to financial services licensees
Information about relevant provider (1) A person must provide information to a financial services licensee in accordance with this section if: (a) the person is a relevant provider; and (b) the…
Section 922P — Change in matter within 30 business days
(1) Notices must be given under sections 922D and 922H in relation to a person who was a relevant provider even if the person ceases to be a relevant provider before a notice has been lodged under…
Section 922Q — Register of Relevant Providers
Register to include details of relevant providers (1) ASIC must enter details on a Register of Relevant Providers in respect of each person who is or was a relevant provider. Contents of Register (2)…
Section 922R — Relevant provider number
ASIC may give a unique number (or any unique combination of numbers, characters, symbols and letters) to a person who is a relevant provider.
Section 922S — Correcting the Register
ASIC may correct any error in, or omission from, the Register of Relevant Providers. Note: Australian Privacy Principle 13 applies to ASIC and requires it to take reasonable steps to correct personal…
Section 923A — Restriction on use of certain words or expressions
(1) A person contravenes this subsection if: (a) either: (i) the person carries on a financial services business or provides a financial service (whether or not on behalf of another person); or (ii)…
Section 923B — Restriction on use of certain words or expressions unless authorised in licence conditions
(1) A person contravenes this subsection if: (a) the person carries on a financial services business or provides a financial service (whether or not on behalf of another person); and (b) the person…
Section 923C — Restriction on use of terms “financial adviser” and “financial planner”
(1) A person contravenes this subsection if: (a) the person carries on a financial services business or provides a financial service (whether or not on behalf of another person); and (b) the person…
Section 924A — Agreements with certain unlicensed persons
(1) Subdivision B applies to an agreement entered into by a person (in this section and Subdivision B called the non-licensee) and another person (in this section and Subdivision B called the client)…