Document ID: chunk:federal_register_of_legislation:F2024C00134:reg:9a:p1
Version: federal_register_of_legislation:F2024C00134
Segment Type: reg
Provision Reference: reg 9A (pt 1/2)
Character Range: 8045–10682

9A  Condition on authorisationexternal dispute resolution complaint not to be decided in certain circumstances
 (1) It is a condition relating to the authorisation of the external dispute resolution scheme that the AFC and AFCA Decision Maker must not make a decision in relation to a complaint made under the scheme where all of the following are satisfied:
 (a) if a decision on the complaint was made in the complainant's favour, both of the following would be satisfied:
 (i) the decision would require a member of the scheme, who is the subject of the complaint, to pay an amount to a person (whether or not the member still exists); and
 (ii) the AFC and AFCA Decision Maker reasonably believe, having regard to the member's financial position (if the member still exists), that the member is unlikely to fully pay the amount in accordance with the decision;
 (b) the complaint relates in whole or in any part to one or more of the following:
 (i) engaging in a credit activity (within the meaning of the National Consumer Credit Protection Act 2009);
 (ii) 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 the Act);
 (iii) dealing in securities for a person as a retail client, other than issuing securities;
 (c) at the time the member of the scheme provided, engaged in, or dealt in one or more of the products or services covered by paragraph (b), the member was not authorised to provide, engage in, or deal in any of those products or services under any of the following:
 (i) a financial services licence (as the licensee or as an authorised representative as the case requires);
 (ii) an Australian credit licence (as the licensee or as a credit representative as the case requires);
 (d) the AFC and AFCA Decision Maker do not reasonably believe that there are exceptional circumstances that require a decision in relation to a complaint being made.
Note 1: To avoid doubt, once the AFC or AFCA Decision Maker are satisfied the complaint is of a type for which they must not make a decision under this subsection, the AFC or AFCA Decision Maker need not take any further action in relation to the complaint.
Note 2: Where amendments to the scheme rules are needed as a result of this section, the amendments will need to be applied from the time this condition commences.
 (2) In determining under paragraph (1)(c) whether a member was authorised to provide, engage in, or deal in the product or service, disregard any limitations (other than those covered