Corporations Act 2001
CHAPTER 7
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FINANCIAL SERVICES AND MARKETS
PART 7.5B
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REGULATION OF FINANCIAL BENCHMARKS
Division 2
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Licensing of financial benchmarks
Subdivision F
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Other obligations of licensees
SECTION 908BP
908BP
GENERAL OBLIGATIONS
A benchmark administrator licensee must: (a) comply with the conditions on the licence; and (b) if the licensee is a foreign body corporate - be registered under Division 2 of Part 5B.2 ; and (c) take all reasonable steps to ensure that no disqualified individual becomes, or remains, involved in the administration of the financial benchmark specified in the licence.
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
View history note
Hide history noteA benchmark administrator licensee must: (a) comply with the conditions on the licence; and (b) if the licensee is a foreign body corporate - be registered under Division 2 of Part 5B.2 ; and (c) take all reasonable steps to ensure that no disqualified individual becomes, or remains, involved in the administration of the financial benchmark specified in the licence.
Note: The licensee also needs to comply with the rules made under Division 3 (see section 908CF ).
[ CCH Note: S 908BP will be amended by No 87 of 2024, s 3, Sch 2 [ 132], by inserting para (ba) and (d) (effective 17 March 2025). Para (ba) and (d) will read:
(ba) take:
(i) all reasonable steps; and
(ii) if the licensee is not a foreign body corporate - all additional steps (if any) prescribed by the regulations for the purposes of this subparagraph;to ensure that each core officer of the licensee is:
(iii) a fit and proper person to perform the functions of a core officer of the licensee; and
(iv) without limiting subparagraph (iii) - capable of performing those functions, including being competent to perform those functions; and
; and (d) take all reasonable steps to ensure that no individual against whom an FMI banning order is made does any of the things mentioned in subsection 853N(1) in relation to the licensee in contravention of the order.]
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