Section 908BP — Corporations Act 2001 (Cth)

A benchmark administrator licensee must:

(a) comply with the conditions on the licence; and

(b) if the licensee is a foreign body corporate—be registered under Division 2 of Part 5B.2; and

(ba) take:

(i) all reasonable steps; and

(ii) if the licensee is not a foreign body corporate—all additional steps (if any) prescribed by the regulations for the purposes of this subparagraph;

to ensure that each core officer of the licensee is:

(iii) a fit and proper person to perform the functions of a core officer of the licensee; and

(iv) without limiting subparagraph (iii)—capable of performing those functions, including being competent to perform those functions; and

(c) take all reasonable steps to ensure that no disqualified individual becomes, or remains, involved in the administration of the financial benchmark specified in the licence; and

(d) take all reasonable steps to ensure that no individual against whom an FMI banning order is made does any of the things mentioned in subsection 853N(1) in relation to the licensee in contravention of the order.

Note: The licensee also needs to comply with the rules made under Division 3 (see section 908CF).

Related sections

• s 908BM — Publishing details of suspensions or cancellations of licences
• s 908BN — Variations, suspensions or cancellations only in accordance with this Subdivision
• s 908BO — Matters to which ASIC must have regard
• s 908BQ — Obligation to notify ASIC of certain matters
• s 908BR — Obligation to assist ASIC, APRA and the Reserve Bank
• s 908BS — Obligation to give ASIC access to licensee’s facilities

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