Document ID: chunk:federal_register_of_legislation:F2024L00996:schedule:5:p1
Version: federal_register_of_legislation:F2024L00996
Segment Type: schedule
Provision Reference: sch 5 (pt 1/9)
Character Range: 1121–4139

Schedule 5—Template Reference Request (Future Mortgage Intermediary)

Part 1—Preliminary

1 Name of legislative instrument
This is the ASIC Corporations and Credit (Reference Checking and Information Sharing Protocol) Instrument 2024/647.

2 Commencement
This instrument commences on the day after it is registered on the Federal Register of Legislation.
Note: The register may be accessed at www.legislation.gov.au.

3 Authority
This instrument is made under:
           (a) subsection 912A(3A) of the Corporations Act 2001; and
           (b) subsection 47(3A) of the National Consumer Credit Protection Act 2009.

4 Definitions and interpretation
(1) In this instrument:
acts as an intermediary has the same meaning as in section 9 of the Credit Act.
authorised representative has the same meaning as in section 9 of the Corporations Act.
clarification or update request means a request by a requesting licensee to a referee licensee to clarify specific information or provide an update on any unresolved matters mentioned in a reference provided by the referee licensee.
Corporations Act means the Corporations Act 2001.
Credit Act means the National Consumer Credit Protection Act 2009.
credit assistance has the same meaning as in section 8 of the Credit Act.
credit licensee has the same meaning as licensee in subsection 5(1) of the Credit Act.
           Note: A credit licensee includes a mortgage intermediary (as defined in this section).
credit representative has the same meaning as in subsection 5(1) of the Credit Act.
current credit licensee, in relation to an individual, means a credit licensee in respect of which the individual is a representative.
current financial services licensee, in relation to an individual, means a financial services licensee in respect of which the individual is a representative.
current licensee means a current credit licensee or a current financial services licensee.
current mortgage intermediary: a mortgage intermediary is a current mortgage intermediary in relation to an individual if:
           (a) the mortgage intermediary is acting as an intermediary in relation to a credit licensee; and
           (b) the individual is, or is a representative of, the credit licensee and, in that capacity:
              (i) provides credit assistance in relation to credit contracts secured by mortgages over residential property; and
              (ii) is a mortgage broker or a director, employee or agent of a mortgage broker.
financial services licensee has the same meaning as in section 9 of the Corporations Act.
former credit licensee, in relation to an individual, means a credit licensee in respect of which the individual:
           (a) was a representative at any time in the previous 5 years; and
           (b) is no longer a representative.
former financial services licensee, in relation to an individual, means a financial services licensee in respect of which the individual:
           (a) was a representative at any time in the previous 5 years;