Document ID: chunk:federal_register_of_legislation:F2018C00315:reg:8:p1
Version: federal_register_of_legislation:F2018C00315
Segment Type: reg
Provision Reference: reg 8 (pt 1/6)
Character Range: 59266–62190

8         South Australian Financial Counsellors' Association

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                 1. Meaning of eligible adviser
In these rules, eligible adviser means any of the following:
(a) a legal practitioner;
(b) a law firm;
(c) a multidisciplinary partnership;
an incorporated legal practice;
a financial counsellor;
an organisation which:
employs at least one financial counsellor; and
is established to provide financial counselling services.
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     1. Publication scheme
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                 1. Secretary to establish register of eligible advisers
The Secretary must establish a register of eligible advisers who have applied to be included on the register.
The Secretary must publish the register on the Department's website.
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                 1. Eligible advisers may apply to be included in register
An eligible adviser may apply in the approved form to be included in the register.
An application must be accompanied by such information and documents as are specified in the approved form.
The Secretary must include the details of the eligible adviser on the register unless the Secretary is satisfied that the eligible adviser is not a fit and proper person.
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                 1. Removal of eligible advisers from the register
The Secretary must remove a person's details from the register of eligible advisers if:
(a) the person requests, in writing, the Secretary to do so; or
(b) the Secretary is satisfied that the person is not an eligible adviser; or
(c) the Secretary is satisfied that the person is not a fit and proper person.
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     1. Payments for services provided by an eligible adviser
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                 1. Eligible adviser may make a claim for payment
An eligible adviser may make a claim in the approved form for a payment under this Part.
The claim must include:
(a) the amount claimed; and
(b) a copy of the legal advice certificate or financial counselling certificate as applicable.
A claim must be accompanied by such information and documents as are specified in the approved form.
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                 1. Maximum amount of a claim
General rule
The maximum amount of a claim under section 9.07 is:
(a) in the case of a claim in respect of a financial counselling certificate—$435; or
in the case of a claim in respect of a legal advice certificate—$850.
Where the nominee is a public trustee or public guardian
However, if a nominee of the participant is a public trustee or public guardian (however described), the maximum amount of a claim in respect of a legal advice certificate is $290.
Maximum amounts of claim inclusive of GST
The maximum amounts of a claim are inclusive of GST and an eligible adviser is not entitled to make any further claim on account of GST.
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