(1) ASIC may grant an applicant a licence (a benchmark administrator licence ) to administer a specified financial benchmark if ASIC is satisfied that:
(a) the application was made in accordance with section 908BD; and
(b) the applicant will comply with the obligations that will apply if the licence is granted; and
(c) no disqualified individual appears to be involved in the applicant.
The licence may be granted subject to conditions.
Note 1: ASIC must also have regard to the matters in section 908BO in deciding whether to grant a licence.
Note 2: A licence is required if the benchmark is a significant financial benchmark (see section 908BA). Licences are not required, but can still be granted, for other financial benchmarks.
(2) Despite subsection (1), if the applicant is a foreign body corporate, ASIC must not grant the applicant a licence unless the applicant is registered under Division 2 of Part 5B.2.
(3) Despite subsection (1), ASIC must not grant the applicant a licence unless:
(a) 42 days have passed since the application was made; and
(b) if ASIC gives a notice under subsection 853D(2) to the applicant within those 42 days, ASIC decides not to make a declaration under section 853C about any individual who is involved in the applicant.
Notice of decision
(4) ASIC must give the applicant written notice of:
(a) ASIC's decision whether to grant the applicant a licence; and
(b) if the licence is granted--any conditions to which the licence is subject.