Document ID: chunk:federal_register_of_legislation:C2022C00218:clause:1_921u
Version: federal_register_of_legislation:C2022C00218
Segment Type: clause
Provision Reference: sch 1 cl 921U
Character Range: 74413–76493

921U  Fit and proper person test for relevant providers
  The following matters are specified in relation to a relevant provider and a Financial Services and Credit Panel:
 (a) whether any of the following of the relevant provider has ever been suspended or cancelled:
 (i) an Australian financial services licence;
 (ii) an Australian credit licence, or a registration under the Transitional Act, within the meaning of the National Consumer Credit Protection Act 2009;
 (b) whether any of the following has ever been made against the relevant provider:
 (i) a banning order, or a disqualification order under Subdivision B of Division 8 of this Part;
 (ii) a banning order, or a disqualification order, under Part 2‑4 of the National Consumer Credit Protection Act 2009;
 (c) whether the relevant provider has ever been disqualified under this Act, or any other law of the Commonwealth or of a State or Territory, from managing corporations;
 (d) whether the relevant provider has ever been banned from engaging in a credit activity (within the meaning of the National Consumer Credit Protection Act 2009) under a law of a State or Territory;
 (e) whether the relevant provider has ever been linked to a refusal or failure to give effect to a determination made by AFCA;
 (f) whether the relevant provider has ever been an insolvent under administration;
 (g) whether, in the last 10 years, the relevant provider has been convicted of an offence;
 (h) any relevant information given to ASIC, or an authority of a State or Territory, in relation to the relevant provider;
 (i) whether, in the last 10 years, a Financial Services and Credit Panel has made an instrument under subsection 921K(1) in relation to the relevant provider;
 (j) whether, in the last 10 years, a Financial Services and Credit Panel has given the relevant provider an infringement notice (unless the infringement notice was withdrawn);
 (k) any other matter prescribed by the regulations;
 (l) any other matter the panel considers relevant.

Subdivision E—Review of decisions made under this Division etc.