Document ID: chunk:federal_register_of_legislation:F2024L00996:schedule:5:p2
Version: federal_register_of_legislation:F2024L00996
Segment Type: schedule
Provision Reference: sch 5 (pt 2/3)
Character Range: 53996–57250

circumstances surrounding the individual ceasing to be employed or authorised by you;

           (iii) (where current or former mortgage broker in relation to mortgage aggregator) engaging in credit activities while you were acting as a mortgage intermediary in relation to the individual; or

           (iv) (where former mortgage broker in relation to mortgage aggregator) the cessation of your mortgage intermediary arrangement with the individual;

             concerned the individual's involvement in any of the following:

           (v) dishonesty [Yes/No]

           (vi) unprofessional conduct [Yes/No]

           (vii) conduct justifying instant dismissal or immediate termination of representative status [Yes/No]

           (viii) refusal or deliberate non-compliance in relation to the financial services laws or the credit legislation [Yes/No]

           (ix) gross incompetence or gross negligence [Yes/No]

           (x) a breach of the Financial Planners and Advisers Code of Ethics 2019 [Yes/No]

           Note: The conduct need not involve a contravention of the law.

       (d)          If you answered Yes to any of the matters in Question 3(c), provide a brief summary of the details, including relevant information in relation to internal assessments, external notifications or complaints against the individual in connection with the provision of financial services or engaging in credit activities, and any remedial action.

       (e)          Has ASIC or the Financial Services and Credit Panel given you any of the following in relation to the individual:

            (i)                  a copy of a written warning or reprimand under subsection 921S(2) or 921T(2) of the Corporations Act 2001? [Yes/No]

            (ii)                a copy of an instrument under subsection 921M(1) of the Corporations Act 2001? [Yes/No]

       (f)           If you answered yes to Question (3)(e)(i) or (ii), provide a copy of the warning, reprimand or instrument and a copy of the statement of reasons for the decision given to you by ASIC or the Financial Services and Credit Panel.

    4. Unresolved matters

       (a) Is there an inquiry or investigation in progress by your organisation in relation to the individual in connection with the provision of financial services or engaging in credit activities, in relation to the 5-year period preceding the date the reference is given?  [Yes/No]

       (b) If you answered Yes to Question 4(a), provide:

           (i) a brief description of the nature of the circumstances that triggered the inquiry or investigation (for example a breach, reportable situation, complaint, compliance audit, external notification, internal assessment/review or other circumstance); and

           (ii) details of the progress and status of the inquiry or investigation.

       (c) If you answered Yes to Question 4(a), was the individual made aware of the inquiry/investigation? [Yes/No]
Interpretation
In this request, a word or an expression that is defined in section 4 of the Protocol has the same meaning in this request.
Additional definitions
In this request:
client remedial action includes:

     (a) corrective disclosure being given to a client; and