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 cancelled: (i) an Australian financial services licence; (ii) an Australian credit licence, or a registration under the Transitional Act, within the meaning of the National Consumer Credit Protection Act 2009; (b) whether any of the following has ever been made against the relevant provider: (i) a banning order, or a disqualification order under Subdivision B of Division 8 of this Part; (ii) a banning order, or a disqualification order, under Part 2‑4 of the National Consumer Credit Protection Act 2009; (c) whether the relevant provider has ever been disqualified under this Act, or any other law of the Commonwealth or of a State or Territory, from managing corporations; (d) whether the relevant provider has ever been banned from engaging in a credit activity (within the meaning of the National Consumer Credit Protection Act 2009) under a law of a State or Territory; (e) whether the relevant provider has ever been linked to a refusal or failure to give effect to a determination made by AFCA; (f) whether the relevant provider has ever been an insolvent under administration; (g) whether, in the last 10 years, the relevant provider has been convicted of an offence; (h) any relevant information given to ASIC, or an authority of a State or Territory, in relation to the relevant provider; (i) whether, in the last 10 years, a Financial Services and Credit Panel has made an instrument under subsection 921K(1) in relation to the relevant provider; (j) whether, in the last 10 years, a Financial Services and Credit Panel has given the relevant provider an infringement notice (unless the infringement notice was withdrawn); (k) any other matter prescribed by the regulations; (l) any other matter the panel considers relevant.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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