Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1065
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1065
Character Range: 4686097–4687476

1065  Meaning of relevant AFCA determination
 (1) A determination made by AFCA in respect of a person is a relevant AFCA determination if:
 (a) the determination relates to a complaint by the person that:
 (i) at the time the complaint is made, is a complaint against another person (the relevant entity) who (at that time) is a member of the AFCA scheme; and
 (ii) is a complaint about a product, or service, of a kind mentioned in subsection (2); and
 (b) the determination:
 (i) requires the relevant entity to pay an amount to the person, whether or not the relevant entity still exists; and
 (ii) is accepted by the person.
 (2) For the purposes of subparagraph (1)(a)(ii), the kinds of products and services are as follows:
 (a) engaging in a credit activity (within the meaning of the National Consumer Credit Protection Act 2009):
 (i) as a credit provider; or
 (ii) other than as a credit provider;
 (b) providing financial product advice that is personal advice provided to a person as a retail client about one or more products that include at least one relevant financial product (within the meaning of Part 7.6 of this Act);
 (c) dealing in securities for a person as a retail client, other than issuing securities.
 (3) In this section:
credit provider has the same meaning as in any Part of the National Consumer Credit Protection Act 2009 other than Part 3‑2CA.