Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 921U

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Services and Credit Panel has given the relevant provider an infringement notice (unless the infringement notice was withdrawn);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.



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