Document ID: chunk:federal_register_of_legislation:F2024C00618:front:0:p5
Version: federal_register_of_legislation:F2024C00618
Segment Type: other
Provision Reference: 
Character Range: 10722–13422

only take an exam using the equipment and materials permitted by ASIC to be used, and ASIC may impose reasonable and appropriate restrictions on the person to ensure only permitted equipment and materials are used.

Conduct of the exam
 (7) A person taking an exam must not engage in any type of conduct that could be reasonably described as plagiarism, cheating, collusion, deception, impersonation, or another form of similar misconduct. An exam is to be properly supervised to prevent a person from engaging in such misconduct.
 (8) A person taking an exam must comply with an instruction or direction included in the exam document, or that is given by a staff member or agent of ASIC in connection with the exam.
Note: An example of an instruction or direction included in the exam document is an instruction not to start to record answers to exam questions until after the reading time for the exam has ended.

Consequences of misconduct
 (9) If a person breaches subsection (6), (7) or (8), ASIC may do one or both of the following:
 (a) exclude the person from taking or continuing to take an exam;
 (b) fail the person.

Marking and results
 (10) A person who has taken an exam is to be notified only that they have either passed or failed the exam, which is to be marked to an overall credit grade (a range of between 65% and 74%, with the final passing mark for a particular exam, being determined by ASIC, as informed by persons with appropriate expertise).

Deferral of exams for exceptional circumstances
 (12) ASIC must make arrangements to give effect to all of the following:
 (a) that a person be able to apply to ASIC (in the manner and form approved by ASIC) to defer taking an exam at the particular date and time registered by ASIC, if due to exceptional circumstances beyond the person's control, the person is unable to take the exam at that particular date and time;
 (b) establish and maintain reasonable systems and processes for making and dealing with those applications; and
 (c) that, if an application is granted, the person be registered to take the exam at another date and time without having to pay another fee.
Note 1: Exceptional circumstances beyond the person's control under paragraph (a) may include acute illness, recent loss or bereavement, hardship or trauma (including being the victim of crime or severe disruption to domestic life), a natural disaster, imposition of a public health order, unforeseen call‑up for service (including military service, court appearance, jury service or emergency service), an unexpected equipment failure or malfunction during the exam.
Note 2: Reasonable processes under paragraph (b) may include requirements for medical