Document ID: chunk:federal_register_of_legislation:C2019A00049:clause:4_114
Version: federal_register_of_legislation:C2019A00049
Segment Type: clause
Provision Reference: sch 4 cl 114
Character Range: 23185–24051

114  Section 1546A (definition of existing provider)
Repeal the definition, substitute:
existing provider means:
 (a) a person who:
 (i) is a relevant provider at any time between 1 January 2016 and 1 January 2019 (except a person who has ceased to be a relevant provider under subsection 1546B(4) or (5)); and
 (ii) is not banned or disqualified under Division 8 of Part 7.6 on 1 January 2019; and
 (iii) is not, on that day, subject to an enforceable undertaking under section 93AA of the ASIC Act to not provide financial product advice or a financial service; or
 (b) a person who:
 (i) at any time between 1 January 2016 and 1 January 2019, provides personal advice in a foreign country to retail clients in relation to relevant financial products; and
 (ii) is not prohibited under the law of the foreign country from providing such advice on 1 January 2019.