Document ID: chunk:federal_register_of_legislation:F2024L00996:schedule:5:p6
Version: federal_register_of_legislation:F2024L00996
Segment Type: schedule
Provision Reference: sch 5 (pt 6/9)
Character Range: 15042–18072

mortgage intermediary.

6 Requesting licensee—obligation to seek consent of individual

       (1) If a recruiting licensee (requesting licensee) or future mortgage intermediary (requesting licensee) is required to take reasonable steps, or wishes, to obtain a reference about a prospective representative or relevant mortgage broker in accordance with this Protocol, the requesting licensee must:
           (a) first seek the consent of the prospective representative or relevant mortgage broker; and
           (b) seek the consent using:
              (i) in the case of a recruiting licensee—the template consent form in Schedule 1; and
              (ii) in the case of a future mortgage intermediary—the template consent form in Schedule 2.
Effect of not having consent of individual
(2) A requesting licensee that:
           (a) has not obtained the consent of a prospective representative or relevant mortgage broker; or
           (b) has obtained a consent that has subsequently ceased, or been withdrawn by the prospective representative or relevant mortgage broker;
must not, pursuant to this Protocol, request a reference from, or make a clarification or update request to, a referee licensee about the prospective representative or relevant mortgage broker.
Note:  Unless withdrawn earlier, a consent will cease at the end of the period of 12 months commencing the day after it is given: see paragraph 7 of the template consent form in Schedule 1 and paragraph 7 of the template consent form in Schedule 2.
Giving notice of withdrawn or ceased consent
(3) If, after a requesting licensee has requested a reference from, or made a clarification or update request to, a referee licensee:
           (a) the prospective representative or relevant mortgage broker withdraws their consent or the consent ceases; and
           (b) the referee licensee has not given a reference or a clarification or update (as the case may be);
the requesting licensee must give a notice to the referee licensee stating that the prospective representative or relevant mortgage broker has withdrawn their consent or the consent has ceased (as the case may be).

7 Requesting licensee—requesting a reference

    Where this section applies

(1) This section applies if:
           (a) a requesting licensee has, under section 6, obtained the consent of a prospective representative or a relevant mortgage broker to request a reference from a referee licensee; and
           (b) the consent has not ceased or been withdrawn by the prospective representative or relevant mortgage broker.
Providing a copy of the consent
(2) The requesting licensee must give a copy of the consent to the referee licensee at the time of requesting the reference.
Use of template reference request
(3) The requesting licensee must request the reference using:
           (a) if any of subparagraphs 5(1)(a)(i) to (iv) or 5(1)(b)(i) to (iv) or subsection 5(4) applies—the template reference request in
           Schedule 3; and
           (b) if either of