Section 921ZA — Corporations Act 2001 (Cth)

(1) A relevant provider who is a financial services licensee may apply to ASIC to be registered under subsection 921ZC(1).

Note: A notice must be lodged with ASIC under section 922D if a person becomes a relevant provider.

(2) The application must:

(a) be in the approved form; and

(b) include the following written declarations by the relevant provider:

(i) that the relevant provider is a fit and proper person to provide personal advice to retail clients in relation to relevant financial products;

(ii) if subsection 921BA(1) applies to the relevant provider—that the relevant provider has met the education and training standard in subsection 921B(2);

(iii) if subsection 921BA(2) applies to the relevant provider—that the relevant provider has met the education and training standard in subsection 921B(3);

(iv) if subsection 921BA(3) applies to the relevant provider—that the relevant provider has met the education and training standard in subsection 921B(4);

(v) if the relevant provider provides, or is to provide, a tax (financial) advice service—that the relevant provider is a qualified tax relevant provider.

Note: A person may commit an offence or contravene a civil penalty provision if the person gives false or misleading information (see section 1308 of this Act and section 137.1 of the Criminal Code).

(3) Subject to Part VIIC of the Crimes Act 1914, the relevant provider must have regard to the matters specified in section 921U (other than the matters specified in paragraphs (h) and (l) of that section) for the purposes of making a declaration mentioned in subparagraph (2)(b)(i) of this section.

Note: Part VIIC of the Crimes Act 1914 includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them.

Related sections

• s 921X — Electronic communication of documents given to Financial Services and Credit Panels etc.
• s 921Y — Unregistered relevant providers not to provide personal advice
• s 921Z — Financial services licensees not to continue to authorise unregistered relevant providers to provide personal advice
• s 921ZB — Application for registration—financial services licensees applying to register relevant providers
• s 921ZC — Registration of relevant providers
• s 921ZD — Period of registration—relevant providers who are financial services licensees

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