Document ID: chunk:federal_register_of_legislation:F2024C00757:reg:1:p4
Version: federal_register_of_legislation:F2024C00757
Segment Type: reg
Provision Reference: reg 1 (pt 4/22)
Character Range: 54657–57342

been contracted to another person, the contract with that person contains provisions requiring that person:
           (i) to maintain, document and comply with adequate internal control procedures to ensure compliance with the financial services laws in relation to the functions that the person is to perform; and
           (ii) to provide the auditor conducting the audit referred to in paragraph (b) with all reasonable assistance and access to allow the auditor to carry out the audit in relation to the functions performed by the person.
Promoting the IDPS
    (34) The licensee must take all reasonable steps to ensure that a person promoting the IDPS is a financial services licensee or a representative of a financial services licensee.
Giving of documents
    (35) A document is given to a person for the purposes of this section:
       (a) when it is received in accessible form by that person or their eligible agent; or
       (b) if there is no way of sending the document that may reasonably be expected to result in it being received by that person or their eligible agent—when all reasonable steps have been taken to send it to that person or their eligible agent; or
       (c) one business day after an email is sent to the email address of the person or their eligible agent that the licensee reasonably believes is the email address of the person or eligible agent where the person has agreed to receive the document by email; or
       (d) one business day after an email is sent containing a hypertext link to the document to the email address of the person or their eligible agent that the licensee reasonably believes is the email address of the person or eligible agent where:
           (i) the person has agreed to receive documents in that manner; and
           (ii) the licensee has no reason to suspect that the person is unlikely by mere scrolling or use of direct hypertext links to be able to see all of the contents of the document by using the emailed hypertext link; and
           (iii) the document can be downloaded free of charge (excluding any normal fees payable to the recipient's internet service provider); and
           (iv) the hypertext link is accompanied by a prominent statement to the effect that the recipient is advised to access the document and download it; or
       (e) when it would be delivered in the ordinary course of post, if it is posted as a letter prepaid from the licensee to an address of the person or their eligible agent that the licensee reasonably believes is the address of the person or eligible agent; or
       (f) a copy of the document is given in accordance with any of paragraphs (a) to (e) and the