is a financial services licensee; and

is authorised to provide personal advice to retail clients in relation to relevant financial products.

having the capacity to cast, or control the casting of, more than one half of the maximum number of votes that might be cast at a general meeting of the licensee; or

directly or indirectly holding more than one half of the issued share capital of the licensee (not including any part of the issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital); or

the capacity to control the composition of the licensee’s board or governing body; or

the capacity to determine the outcome of decisions about the licensee’s financial and operating policies, taking into account:

the practical influence the person can exert (rather than the rights it can enforce); and

any practice or pattern of behaviour affecting the licensee’s financial or operating policies (whether or not it involves a breach of an agreement or a breach of trust).

the person is a relevant provider; and

the only relevant financial product that the person provides advice in relation to is a time-sharing scheme; and

the person has not met any one or more of the education and training standards in subsections 921B(2) to (4).

basic banking products; or

general insurance products; or

consumer credit insurance; or

a combination of any of those products.

is an individual; and

is:

a financial services licensee; or

an authorised representative of a financial services licensee; or

an employee or director of a financial services licensee; or

an employee or director of a related body corporate of a financial services licensee; and

is authorised to provide personal advice to retail clients, as the licensee or on behalf of the licensee, in relation to relevant financial products.

the person has not complied with any one or more of his or her obligations under section 921F (requirements relating to provisional relevant providers); or

both of the following apply:

a supervisor referred to in section 921F has not complied with any one or more of his or her obligations under that section in relation to a provisional relevant provider;

both the supervisor and the provisional relevant provider are authorised to provide personal advice to retail clients, on behalf of the person, in relation to relevant financial products; or

both of the following apply:

a provisional relevant provider has not complied with his or her obligations under subsection 921F(7);

the provisional relevant provider is authorised to provide personal advice to retail clients, on behalf of the person, in relation to relevant financial products; or

ASIC has reason to believe that the person was authorised, in contravention of subsection 921C(2), (3) or (4), to provide personal advice to retail clients in relation to relevant financial products; or

the person has completed a bachelor or higher degree, or equivalent qualification, approved by the standards body under section 921U; or

both of the following conditions are satisfied:

the person has completed a foreign qualification;

the standards body has approved the foreign qualification under section 921V.

the applicant is an individual; and

the applicant has not met any one or more of the education and training standards in subsections 921B(2) to (4).

the person is an individual; and

either or both of the following subparagraphs apply:

the person has not met either or both of the education and training standards in subsections 921B(2) and (3);

the person has not met the education and training standard in subsection 921B(4), and is not undertaking work and training in accordance with that subsection.

the individual has not met either or both of the education and training standards in subsections 921B(2) and (3);

the individual has not met the education and training standard in subsection 921B(4), and is not undertaking work and training in accordance with that subsection.

the employee or director has not met either or both of the education and training standards in subsections 921B(2) and (3);

the employee or director has not met the education and training standard in subsection 921B(4), and is not undertaking work and training in accordance with that subsection.

if the relevant provider is a financial services licensee—during the licensee’s CPD year; or

if the relevant provider is authorised to provide personal advice to retail clients, on behalf of a financial services licensee, in relation to relevant financial products—during the licensee’s CPD year.

the person is a provisional relevant provider; or

the only relevant financial product in relation to which the person provides personal advice to retail clients is a time-sharing scheme.

has supervisory responsibility for the provisional relevant provider; and

is a relevant provider; and

is not a provisional relevant provider; and

is not a limited-service time-sharing adviser.

of the name of each supervisor of the provisional relevant provider (even if the retail client has been informed of the name of each previous supervisor); and

that the provisional relevant provider is undertaking work and training in accordance with subsection 921B(4); and

that each supervisor is responsible for any personal advice provided by the provisional relevant provider to the client in relation to a relevant financial product.

that meets the requirements of this section; and

under which compliance with the Code of Ethics by relevant providers covered by the scheme is monitored and enforced.

a financial services licensee; or

an associate of a financial services licensee.

if the licensee is a relevant provider—the licensee; and

in any case—any relevant provider authorised to provide personal advice to retail clients, on behalf of the licensee, in relation to relevant financial products.

the day the person becomes a relevant provider;

if the relevant provider was previously covered by only one compliance scheme that has ceased to cover the relevant provider—the day that scheme ceased to cover the relevant provider.

an approval is in force under section 921K in relation to the compliance scheme; and

the condition in subsection (2) of this section is met for the relevant provider; and

if the monitoring body for the compliance scheme is a professional association—the relevant provider is a member of the professional association.

both of the following apply:

the notice lodged under section 922D in relation to the relevant provider stated that the compliance scheme is to cover the relevant provider;

no notice has been lodged under section 922H stating that another compliance scheme is to cover the relevant provider; or

the most recent notice lodged under section 922H, in relation to particulars entered on the Register of Relevant Providers about the compliance scheme that is to cover the relevant provider, stated that the compliance scheme is to cover the relevant provider.

the name of the monitoring body for the scheme; and

arrangements for monitoring compliance with the Code of Ethics by relevant providers covered by the scheme; and

sanctions for failures to comply with the Code of Ethics by relevant providers covered by the scheme; and

arrangements for resolving disputes between the monitoring body and relevant providers covered by the scheme; and

arrangements for making complaints to the monitoring body in relation to failures to comply with, or possible failures to comply with, the Code of Ethics by relevant providers covered by the scheme.

compliance with the Code of Ethics will be appropriately monitored and enforced under the scheme; and

the monitoring body has sufficient resources and expertise to appropriately monitor and enforce compliance with the Code of Ethics under the scheme.

the decision; and

any condition mentioned in subsection (5).

that compliance with the Code of Ethics is not being appropriately monitored or enforced under the scheme; or

that the monitoring body has not complied with:

section 921N (obligation to notify licensee of failure to comply with Code of Ethics); or

a request under section 921Q (obligation to provide ASIC with information); or

section 921T (obligation to notify ASIC of changes to monitoring body); or

section 922HD (obligation to notify ASIC in relation to failures to comply with the Code of Ethics); or

that the monitoring body does not have sufficient resources or expertise to appropriately monitor or enforce compliance with the Code of Ethics under the scheme.

ASIC gives a written notice to the monitoring body:

providing reasons why ASIC is considering taking the action; and

stating that the monitoring body has 90 business days to make submissions to ASIC, in accordance with the notice, about the possible action; and

ASIC has considered any submissions made by the monitoring body in accordance with the notice.

revoking the approval of the scheme;

varying a condition imposed in relation to the approval of the scheme;

imposing an additional condition in relation to the approval of the scheme.

has become so aware; and

is to make a determination under subsection (1).

if the relevant provider is a financial services licensee—the licensee;

if the relevant provider is not a financial services licensee:

the relevant provider; or

the financial services licensee on whose behalf the relevant provider is authorised to provide personal advice to retail clients in relation to relevant financial products; or

if the relevant provider is a relevant provider as a result of section 916B—the authorised representative who authorised the relevant provider under that section.

if the relevant provider notifies the monitoring body that the relevant provider intends to cause a notice to be lodged under within 160 days of receiving the notice; orsection 922H stating that another compliance scheme is to cover the relevant provider—

otherwise—within a reasonable period of becoming aware of the failure, or possible failure, by the relevant provider to comply with the Code of Ethics.

the person is a monitoring body for a compliance scheme; and

(b) information is disclosed to the person in accordance with subsection 70-40(3AA) of the Tax Agent Services Act 2009; and

the person uses or discloses the information for a purpose other than monitoring or enforcing compliance with the Code of Ethics under the scheme.

the person is a monitoring body for a compliance scheme; and

the person fails to comply with subsection 921L(2) or (5).

a request is made of the person under subsection 921L(3); and

the person fails to comply with the request within the period specified.

the person is a relevant provider; and

the person is covered by a compliance scheme; and

the monitoring body for the scheme notifies the person that the monitoring body has become aware of a failure, or possible failure, by the person to comply with the Code of Ethics; and

the person contravenes subsection 921L(4).

either:

the monitoring body determines under subsection 921L(1) that the relevant provider has failed to comply with the Code of Ethics; or

the monitoring body imposes a sanction on the relevant provider in relation to a failure to comply with the Code of Ethics; and

the relevant provider is authorised by the licensee to provide personal advice to retail clients in relation to relevant financial products.

the person is a monitoring body for a compliance scheme; and

an approval given under section 921K is in force in relation to the scheme; and

the scheme is not publicly available.

set out the text of the proposed modification; and

contain an explanation of the purpose of the proposed modification.

compliance with the Code of Ethics will not be appropriately monitored or enforced under the scheme as modified; or

if the proposed modification is a new monitoring body for the scheme—the new monitoring body does not have sufficient resources or expertise to appropriately monitor or enforce compliance with the Code of Ethics under the scheme.

the specified part does not take effect; and

the proposed modification without the specified part takes effect at the end of the period.

the 5-year period beginning on the day ASIC approves the scheme under section 921K; and

each subsequent 5-year period.

an associate of the monitoring body; or

a person covered by the scheme; or

if a relevant provider covered by the scheme is authorised to provide personal advice to retail clients, on behalf of a financial services licensee, in relation to relevant financial products—the licensee; or

if a relevant provider covered by the scheme is a member of a professional association—the professional association.

make the review publicly available; and

give a copy of the review to ASIC.

to make the legislative instruments mentioned in subsections (2), (3) and (5); and

to review those instruments regularly; and

if an application is made under subsection 921V(1) for approval of a foreign qualification—to approve, or refuse to approve, the foreign qualification; and

if an exam approved for the purposes of subsection 921B(3) is to be administered by the standards body—to administer the exam; and

any other function prescribed by this Act.

do any or all of the following in one or more determinations:

approve bachelor or higher degrees, or equivalent qualifications, for the purposes of paragraph 921B(2)(a);

approve an exam for the purposes of subsection 921B(3);

set requirements for work and training for the purposes of subsection 921B(4);

set requirements for continuing professional development for the purposes of subsection 921B(5) in relation to the CPD year of a financial services licensee, the period mentioned in subsection 1546E(5), or any other period determined by the standards body;

specify a word or expression to refer to a provisional relevant provider; and

make a Code of Ethics for the purposes of section 921E.

provide further in relation to the requirements set out in section 921F (requirements relating to provisional relevant providers);

set other requirements in relation to a person who is a provisional relevant provider.

financial services licensees; and

relevant providers; and

associations representing consumers of financial services; and

professional associations; and

ASIC and the Department; and

any other person or body that the standards body considers it appropriate to consult.

before making a legislative instrument under subsection (2), (3) or (5):

makes the proposed legislative instrument, or a description of the content of the proposed legislative instrument, available; and

invites those persons and bodies to comment on the proposed legislative instrument; or

when reviewing a legislative instrument under paragraph (1)(b)—invites those persons and bodies to comment on the legislative instrument.

approve the foreign qualification in accordance with subsection (4); or

refuse to approve the foreign qualification.

the standards body is satisfied that the foreign qualification gives the person qualifications equivalent to a degree or qualification approved by the standards body for the purposes of paragraph 921B(2)(a); or

both of the following apply:

the standards body specifies one or more courses to be completed by the person under subsection (5) of this section;

the person completes each of those courses.

if the standards body specifies one or more courses to be completed by the person under subsection (5)—when the person has completed all of those courses; or

otherwise—when it is given.

a decision by the standards body under paragraph (3)(b) to refuse to approve the person’s foreign qualification; or

a decision by the standards body under subsection (5) to specify one or more courses to be completed by the person.

the standards body were a decision maker for the purposes of section 1317D; and

the decision were a decision to which section 1317B applied.

the body is a company limited by guarantee;

the Minister is satisfied that the body is likely to comply with its obligations under this Act and other laws of the Commonwealth;

the body’s constitution provides the following:

the functions of the body mentioned in section 921U;

the body must not be operated for profit;

the body must have 9 directors;

at least 3 directors (excluding the chair of the board of directors) must have experience in carrying on a financial services business or providing a financial service;

at least 3 directors (excluding the chair of the board of directors) must have experience in representing consumers of financial services;

at least one director (excluding the chair of the board of directors) must have experience in the field of ethics;

at least one director (excluding the chair of the board of directors) must have experience in designing, or the requirements of, educational courses or qualifications;

a director must not hold a managerial or executive office in a professional association or association representing consumers of financial services;

a director must not represent any professional association, or association representing consumers of financial services, to which the director belongs;

the Minister must appoint each director;

a director may resign his or her appointment by giving the Minister, and the body, a written resignation;

the resignation takes effect on the day it has been received by both the Minister and the body or, if a later day is specified in the resignation, on that later day.

the time at which it takes effect; and

which legislative instruments made by the standards body under subsection 921U(2), (3) or (5) continue in force, and which are taken to be revoked at that time; and

which approvals (if any) given by the standards body under paragraph 921V(3)(a) continue in force (or are to come into and continue in force), and which are taken to be revoked at that time.

set out the text of the modification; and

specify the date on which the modification takes effect; and

contain an explanation of the purpose of the modification.

publish on its website the annual report for the financial year prepared under Chapter 2M; and

give a copy of the report to the Minister.

for a relevant provider who is a financial services licensee—the information in section 922E; or

for a relevant provider who is not a financial services licensee—the information in section 922F.

the relevant provider’s name;

the address of the relevant provider’s principal place of business;

the licence number given to the relevant provider under subsection 913C(1);

the year in which the relevant provider first provided personal advice to retail clients in relation to relevant financial products in accordance with the law (including the law of a State or Territory);

if applicable, the ABN of the relevant provider;

information about both of the following:

the relevant financial products in relation to which the relevant provider is authorised to provide personal advice to retail clients;

whether the relevant provider is authorised to provide class of product advice in relation to some or all of those products;

the recent advising history of the relevant provider for the 5 years ending immediately before the time the notice is lodged;

information about both of the following:

the educational qualifications of, and any training courses completed by, the relevant provider, to the extent that the qualifications and training courses are relevant to the provision of financial services;

the relevant provider’s membership (if any) of a professional association if an approval is in force under section 921K in relation to a compliance scheme monitored and enforced by the association;

the name of the compliance scheme that is to cover the relevant provider.

the relevant provider’s name;

the address of the relevant provider’s principal place of business;

the relevant provider’s date and place of birth;

the name of the financial services licensee on whose behalf the relevant provider is authorised to provide personal advice to retail clients in relation to relevant financial products;

the licence number given to that licensee under subsection 913C(1);

if the relevant provider is a provisional relevant provider—the fact that the relevant provider is a provisional relevant provider;

if the relevant provider is a provisional relevant provider—the day the relevant provider began undertaking work and training in accordance with subsection 921B(4);

except in relation to provisional relevant providers—the year in which the relevant provider first provided personal advice to retail clients in relation to relevant financial products in accordance with the law (including the law of a State or Territory);

if the relevant provider is a relevant provider as a result of section 916B—each of the following:

the name of the authorised representative who authorised the relevant provider under that section;

the number allocated to the authorised representative by ASIC;

if applicable, the ABN of any of the following:

the relevant provider;

the licensee referred to in paragraph (d);

the authorised representative referred to in paragraph (i);

details of both of the following:

the relevant financial products in relation to which the relevant provider is authorised to provide personal advice to retail clients;

whether the relevant provider is authorised to provide class of product advice in relation to some or all of those products;

the recent advising history of the relevant provider for the 5 years ending immediately before the time the notice is lodged;

information about both of the following:

the educational qualifications of, and any training courses completed by, the relevant provider, to the extent that the qualifications and training courses are relevant to the provision of financial services;

the relevant provider’s membership (if any) of a professional association if an approval is in force under section 921K in relation to a compliance scheme monitored and enforced by the association;

the name of the compliance scheme that is to cover the relevant provider.

the person required under subsection 922L(4) to cause the notice to be lodged believes on reasonable grounds that the information has previously been lodged; or

the information is already entered on the Register of Relevant Providers.

for a relevant provider who is or was a financial services licensee authorised to provide personal advice to retail clients in relation to relevant financial products—each period during which the relevant provider was such a licensee;

for a relevant provider who is or was authorised to provide personal advice to retail clients, on behalf of one or more financial services licensees, in relation to relevant financial products—the following information:

the name of each licensee;

if the relevant provider is or was a relevant provider as a result of section 916B—the name of each authorised representative who authorised the relevant provider under that section;

each period during which the relevant provider was authorised by each licensee or each authorised representative to provide such advice.

there is a change in a matter, particulars of which are entered for a relevant provider in the Register of Relevant Providers (other than a change that is a direct consequence of an act by ASIC); or

both of the following apply:

a notice is lodged under section 922D in relation to a relevant provider by a financial services licensee without including the information referred to in paragraph 922F(1)(k);

the information becomes known to the licensee after the notice is lodged.

the new particulars or information to be entered in the Register;

the relevant provider’s name;

if applicable, the number given to the relevant provider under section 922R.

has previously lodged a notice under subsection (1) or this subsection specifying a particular day of the year; and

decides that the licensee’s CPD year is to begin on another day of the year; and

has not lodged a notice under subsection (1) or this subsection in the 12-month period preceding that decision.

the person:

is the licensee; or

is authorised to provide personal advice to retail clients, on behalf of the licensee, in relation to relevant financial products; and

the person is a relevant provider; and

the relevant provider has not complied with section 921D during the licensee’s CPD year.

if the licensee is a relevant provider—the licensee; and

if a relevant provider is authorised to provide personal advice to retail clients, on behalf of the licensee, in relation to relevant financial products—the relevant provider.

the person is required to retain evidence under this section; and

the person fails to retain the evidence in accordance with this section.

a monitoring body for a compliance scheme determines under subsection 921L(1) that a relevant provider covered by the scheme has failed to comply with the Code of Ethics; or

a sanction is imposed on a relevant provider covered by a compliance scheme in relation to a failure to comply with the Code of Ethics by the relevant provider.

if the relevant provider is a financial services licensee—the name of the licensee;

if the relevant provider is not a financial services licensee:

the name of the relevant provider; and

the name of the financial services licensee on whose behalf the relevant provider is authorised to provide personal advice to retail clients in relation to relevant financial products;

if paragraph (1)(a) applies—details of the failure to comply;

if paragraph (1)(b) applies—details of the sanction imposed.

a single notice may be lodged under subsection (1) within 30 business days of the later of those events; and

only one notice is taken to be required to be caused to be lodged for the purposes of subsection 922M(1).

the name of the licensee;

the licence number given to the licensee under subsection 913C(1);

the name of the person who starts to have control of the licensee;

the day the person starts to have control of the licensee.

the name of the licensee;

the licence number given to the licensee under subsection 913C(1);

the name of the person who ceases to have control of the licensee;

the day the person ceases to have control of the licensee.

if a form for the document is prescribed in the regulations—be in that prescribed form; and

if a form for the document is not prescribed in the regulations but ASIC has approved a form for the document—be in that approved form.

if the notice is lodged under subsection 922HA(1)—the day ASIC grants the Australian financial services licence mentioned in that subsection;

if the notice is lodged under subsection 922HA(3)—the day the financial services licensee mentioned in that subsection decides that the licensee’s CPD year is to begin on another day of the year;

if the notice is lodged under subsection 922HB(1)—the last day of the CPD year of the financial services licensee mentioned in that subsection;

if the notice is lodged under subsection 922HD(1)—(subject to subsection 922HD(3)) the day the monitoring body mentioned in subsection 922HD(1) determines under subsection 921L(1) that a relevant provider has failed to comply with the Code of Ethics or a sanction is imposed;

if the notice is lodged under any other notice provision—the day of the event mentioned in subsection (1) of the notice provision.

if the relevant provider is a financial services licensee—the licensee;

otherwise—the financial services licensee on whose behalf the relevant provider is authorised to provide personal advice to retail clients in relation to relevant financial products.

the person is required to cause a notice to be lodged under a notice provision; and

the person fails to cause the notice to be lodged in accordance with that provision.

the person fails to cause the notice to be lodged in accordance with section 922D; and

the only reason the person fails to cause the notice to be lodged in accordance with that section is because the information referred to in paragraph 922F(1)(h), (l) or (m) is not included in the notice; and

subsection 922F(3) provides that the notice does not need to include that information.

the person is a relevant provider; and

the person has been authorised to provide personal advice to retail clients, on behalf of the licensee, in relation to relevant financial products; and

the licensee has asked the person to provide the information so that the licensee can:

comply with its obligation to lodge a notice relating to the person in accordance with section 922D; or

comply with its obligation to lodge, under section 922H, a notice relating to the person for the purposes of section 921H; or

determine whether the licensee has an obligation to lodge a notice under section 922HB.

the person was a relevant provider at the end of a financial services licensee’s CPD year; and

the person was authorised at that time to provide personal advice to retail clients, on behalf of the licensee, in relation to relevant financial products; and

the person ceases to be a relevant provider within 30 business days of becoming a relevant provider.

the relevant provider’s name;

the relevant provider’s principal place of business;

the name of each financial services licensee on whose behalf the relevant provider is or was authorised to provide personal advice to retail clients in relation to relevant financial products;

if applicable, each person who has control of the licensee;

the relevant provider’s date and place of birth;

the licence number given under subsection 913C(1) to the relevant provider and each licensee referred to in paragraph (c);

if applicable, the number given under section 922R;

if the relevant provider is a relevant provider as a result of section 916B:

the name of the authorised representative who authorised the relevant provider under that section; and

the number allocated to the authorised representative by ASIC;

the recent advising history of the relevant provider;

if the relevant provider is a provisional relevant provider:

the fact that the relevant provider is a provisional relevant provider; and

the day the relevant provider began undertaking work and training in accordance with subsection 921B(4); and

a statement that the relevant provider is required to be supervised in accordance with Subdivision C of Division 8A;

except in relation to provisional relevant providers—the year in which the relevant provider first provided personal advice to retail clients in relation to relevant financial products in accordance with the law (including the law of a State or Territory);

whether the person is currently, or has ceased to be, a relevant provider;

if a financial services licensee has lodged a notice under section 922HB in relation to the relevant provider—that the relevant provider did not comply with section 921D during the licensee’s CPD year;

if the relevant provider has been disqualified from managing corporations—information contained on the register established under section 1274AA;

(o) if the relevant provider has been banned or disqualified under National Consumer Credit Protection Act 2009—information about that banning or disqualification;section 80 or 86 of the

(p) if the relevant provider has been banned, disqualified or suspended under Superannuation Industry (Supervision) Act 1993—information about that banning, disqualification or suspension;Division 8 of Part 7.6, or under section 130F of the

(q) if the relevant provider has given an undertaking under either or both National Consumer Credit Protection Act 2009—information about that undertaking;section 93AA of the ASIC Act and section 322 of the

if a monitoring body for a compliance scheme determines under subsection 921L(1) that the relevant provider who is covered by the scheme has failed to comply with the Code of Ethics:

details of the failure to comply; and

details of any sanction imposed on the relevant provider in relation to the failure to comply;

if applicable, information about both of the following:

the relevant financial products in relation to which the relevant provider is authorised to provide personal advice to retail clients;

whether the relevant provider is authorised to provide class of product advice in relation to some or all of those products;

if applicable, the ABN of any of the following:

the relevant provider;

each licensee referred to in paragraph (c);

if applicable, the authorised representative referred to in paragraph (h);

information about both of the following:

the educational qualifications of, and any training courses completed by, the relevant provider (but not courses completed for the purposes of subsection 921B(5)), to the extent that the qualifications and training courses are relevant to the provision of financial services;

the relevant provider’s membership (if any) of a professional association if an approval is in force under section 921K in relation to a compliance scheme monitored and enforced by the association;

the name of the compliance scheme that is to cover the relevant provider;

any other information that ASIC believes should be included in the Register that relates to the provision of financial services by the relevant provider.

the person carries on a financial services business or provides a financial service (whether or not on behalf of another person); and

the person assumes or uses, in this jurisdiction, a restricted word or expression in relation to the service; and

any of the following apply:

the person is not a relevant provider;

the person is a provisional relevant provider;

the person is a limited-service time-sharing adviser.

the first person carries on a financial services business or provides a financial service; and

another person provides a financial service on behalf of the person; and

the first person assumes or uses, in this jurisdiction, a restricted word or expression in relation to the service; and

any of the following apply:

the first person is not a relevant provider;

the first person is a provisional relevant provider;

the first person is a limited-service time-sharing adviser.

the person provides advice to wholesale clients; and

the person assumes or uses the restricted word or expression only in relation to that advice.

(a) another person (the adviser) provides a financial service on behalf of the person; and

the adviser provides advice to wholesale clients; and

the person assumes or uses the restricted word or expression only in relation to that advice.

the person is an employee or director of a body; and

the person provides advice to the body; and

the person assumes or uses the restricted word or expression only in relation to that advice.

(a) another person (the adviser) is an employee or director of a body; and

the adviser provides advice to the body; and

the person assumes or uses the restricted word or expression only in relation to that advice.

the first day on which the offence is committed; and

each subsequent day (if any) on which the circumstances that gave rise to the person committing the offence continue (including the day of conviction for any such offence or any later day).

a reference to a restricted word or expression is a reference to:

(i) the expression financial adviser or financial planner; or

any other word or expression specified in the regulations as a restricted word or expression for the purposes of this section; or

any other word or expression (whether or not in English) that is of like import to a word or expression covered by any of the previous subparagraphs; and

a reference to a restricted word or expression being assumed or used includes a reference to the restricted word or expression being assumed or used:

as part of another word or expression; or

in combination with other words, letters or other symbols.

the word or expression mentioned in that paragraph is assumed or used in relation to a provisional relevant provider; and

the word or expression is assumed or used as part of a word or expression specified by the standards body for the purposes of subparagraph 921U(2)(a)(v).

if the decision or finding concerns a person *covered by a *compliance scheme who provides a tax (financial) advice service—the *monitoring body for the scheme; and

provides a *tax (financial) advice service; and

is *covered by a *compliance scheme.

information relating to compliance by the person with the *Code of Ethics under the scheme; or

any other information relating to the scheme; or

information relating to compliance by the person with the *Code of Professional Conduct.

be in writing; and

specify the period within which the *monitoring body must comply with the request.

a person who:

is a relevant provider at any time between 1 January 2016 and 1 January 2019 (except a person who has ceased to be a relevant provider under subsection 1546B(4) or (5)); and

is not banned, disqualified or suspended under 1 January 2019; orDivision 8 of Part 7.6 on

a person who:

at any time between 1 January 2016 and 1 January 2019, provides personal advice in a foreign country to retail clients in relation to relevant financial products; and

is not prohibited under the law of the foreign country from providing such advice on 1 January 2019.

the region is a colony, territory or protectorate of a foreign country; or

the region is part of a foreign country; or

the region is under the protection of a foreign country; or

a foreign country exercises jurisdiction or control over the region; or

a foreign country is responsible for the region’s international relations.

met the education and training standard in subsection 921B(2);

completed one or more courses determined by the standards body to give the provider qualifications equivalent to that standard.

any Australian financial services licence granted on or after 1 January 2019 to a person who is not a relevant provider before that day; and

any authorisation given on or after that day to a person who is not a relevant provider before that day.

section 923C;

items 269AAA and 269AAB of the table in Schedule 3.

the first CPD year of a financial services licensee commences after 1 January 2019; and

before the start of the licensee’s first CPD year:

the licensee is a relevant provider; or

a relevant provider is authorised to provide personal advice to retail clients, on behalf of the licensee, in relation to relevant financial products.

beginning on the later of 1 January 2019 and:

if subparagraph (4)(b)(i) applies—the day the licensee is granted an Australian financial services licence that covers the provision of personal advice to retail clients in relation to relevant financial products; and

if subparagraph (4)(b)(ii) applies—the first day the relevant provider is authorised to provide personal advice to retail clients, on behalf of the licensee, in relation to relevant financial products; and

ending on the day before the licensee’s first CPD year.

in relation to a person who becomes a financial services licensee on or after that day; and

for a person who becomes a financial services licensee before that day:

in relation to a person who becomes a relevant provider on or after that day; and

in relation to a person who becomes a relevant provider before that day as if subsection 921H(2) required the scheme to cover the relevant provider by 1 January 2020.

the person becomes a relevant provider after commencement; or

both of the following apply:

the person becomes a relevant provider before commencement;

(ii) immediately before commencement, a notice has not been lodged in accordance with Corporations Regulations 2001.section 922D, as notionally inserted into this Act by Schedule 8D to the

information about both of the following:

the educational qualifications of, and any training courses completed by, the relevant provider;

the relevant provider’s membership (if any) of professional bodies;

information about both of the following:

the educational qualifications of, and any training courses completed by, the relevant provider;

the relevant provider’s membership (if any) of professional bodies;

the change occurs after commencement; or

both of the following apply:

the change occurs before commencement;

(ii) immediately before commencement, a notice has not been lodged in accordance with Corporations Regulations 2001.section 922H, as notionally inserted into this Act by Schedule 8D to the

the person starts to have control of the licensee after commencement; or

both of the following apply:

the person starts to have control of the licensee before commencement;

(ii) immediately before commencement, a notice has not been lodged in accordance with Corporations Regulations 2001.section 922J, as notionally inserted into this Act by Schedule 8D to the

the person ceases to have control of the licensee after commencement; or

both of the following apply:

the person ceases to have control of the licensee before commencement;

(ii) immediately before commencement, a notice has not been lodged in accordance with Corporations Regulations 2001.section 922K, as notionally inserted into this Act by Schedule 8D to the

both of the following apply:

the request is made of the person for the purposes of subparagraph 922N(1)(c)(i) or (ii);

the request is made after commencement (whether the person becomes a relevant provider before or after commencement); or

both of the following apply:

(i) the request (as mentioned in paragraph 922N(1)(c), as notionally inserted into this Act by Schedule 8D to the Corporations Regulations 2001) is made before commencement;

immediately before commencement, the person has not provided the information requested.

the relevant provider’s membership (if any) of professional associations, to the extent that the memberships are relevant to the provision of financial services;

section 922D, as inserted by the amending Act; or

(b) Corporations Regulations 2001.section 922D, as notionally inserted into this Act by Schedule 8D to the

the address of the relevant provider’s principal place of business; and

the name of the compliance scheme that is to cover the relevant provider.

if the relevant provider is a financial services licensee—the licensee; or

otherwise—the financial services licensee on whose behalf the relevant provider is authorised to provide personal advice to retail clients in relation to relevant financial products.

a person was banned, disqualified or suspended under 1 January 2019; andDivision 8 of Part 7.6 on

the person becomes a provisional relevant provider after that day.