Document ID: chunk:federal_register_of_legislation:F2024L00996:schedule:5:p1
Version: federal_register_of_legislation:F2024L00996
Segment Type: schedule
Provision Reference: sch 5 (pt 1/3)
Character Range: 51048–54275

Schedule 5—Template Reference Request (Future Mortgage Intermediary)
Reference Request
[name of relevant mortgage broker for whom a reference is sought] (individual)
[Insert future mortgage intermediary name and licence number] requests a reference for the individual under the ASIC Corporations and Credit (Reference Checking and Information Sharing Protocol) Instrument 2024/647 (the Protocol) for the purposes of considering whether to act as a mortgage intermediary (i.e. a mortgage aggregator) in relation to the individual.

Questions

    1. Background information

       (a) Provide the name of the organisation, licence number, the person(s) who completed the reference and the date of completion of the reference.

       (b) Confirm:

           (i) (where representative of a licensee) the individual's role(s) and period of employment or authorisation by you as licensee; or

           (ii) (where mortgage broker in relation to mortgage aggregator) the period for which you acted as a mortgage intermediary in relation to the individual.

       (c) Provide a brief description of the individual's main responsibilities.

       (d) Advise the ASIC reference number (if applicable) in relation to the individual.

    2. Compliance audits

         Note: Question 2 only applies if the individual is currently, or was previously, a financial adviser or mortgage broker.

    Complete the table in this question by providing information about compliance audits undertaken in the 5-year period preceding the date the reference is given. In completing the table, indicate whether the compliance audit results/outcome were about non-compliance with financial services laws or credit legislation, or non-compliance with licensee processes. Also include a description of any remedial action (see definitions below).

Date of compliance audit  Brief description of results/outcomes  Brief description of remedial action

    3. Conduct of the individual

       Note: Question 3 is to be answered in relation to the 5-year period preceding the date the reference is given.

       (a)          Have you reported a breach or reportable situation to ASIC (whether under former section 912D or section 912DAA of the Corporations Act 2001 or section 50B of the National Consumer Credit Protection Act 2009) in respect of the individual? [Yes/No]

       (b)          If you answered Yes to Question 3(a), provide details on the relevant date, type and nature of the breach or reportable situation. Also include details of any remedial action.

       (c)           Has the individual's conduct or performance (including acts or omissions) in relation to any of the following:

           (i) (where current or former representative of a licensee) the provision of financial services or engaging in credit activities while employed or authorised by you;

           (ii) (where former representative of a licensee) the 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