Document ID: chunk:federal_register_of_legislation:F2021L01392:clause:3_5
Version: federal_register_of_legislation:F2021L01392
Segment Type: clause
Provision Reference: sch 3 cl 5
Character Range: 43934–45703

5  After rule 1.10A
Insert:

1.10C  Trusted advisers
 (1) An accredited person may invite a CDR consumer to nominate one or more persons as trusted advisers of the CDR consumer for the purposes of this rule.
 (2) A trusted adviser must belong to one of the following classes:
 (a) qualified accountants within the meaning of the Corporations Act 2001;
 (b) persons who are admitted to the legal profession (however described) and hold a current practising certificate under a law of a State or Territory that regulates the legal profession;
 (c) registered tax agents, BAS agents and tax (financial) advisers within the meaning of the Tax Agent Services Act 2009;
 (d) financial counselling agencies within the meaning of the ASIC Corporations (Financial Counselling Agencies) Instrument 2017/792;
 (e) relevant providers within the meaning of the Corporations Act 2001 other than:
 (i) provisional relevant providers under section 910A of that Act; and
 (ii) limited-service time-sharing advisers under section 910A of that Act;
 (f) mortgage brokers within the meaning of the National Consumer Credit Protection Act 2009.
 (3) Where the accredited person has taken reasonable steps to confirm that a person nominated as a trusted adviser was, and remains, a member of a class mentioned in subrule (2), the person is taken to be a member of that class for the purposes of this rule.
 (4) The accredited person must not make:
 (a) the nomination of a trusted adviser; or
 (b) the nomination of a particular person as a trusted adviser; or
 (c) the giving of a TA disclosure consent;

  a condition for supply of the goods or services requested by the CDR consumer.

 6  Paragraph 1.14(1)(b)
After "subrule (3)", insert "and the information specified in subrule (3A)".