Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.7A - BEST INTERESTS OBLIGATIONS AND REMUNERATION  

Division 2 - Best interests obligations  

Subdivision A - Preliminary  

SECTION 961   APPLICATION OF THIS DIVISION  

961(1)    
This Division applies in relation to the provision of personal advice (the advice ) to a person (the client ) as a retail client.

961(2)    
The individual who is to provide the advice is referred to in this Division as the provider .

961(3)    
If 2 or more individuals are to provide the advice, each of those individuals is referred to in this Division as the provider .

961(4)    
An individual is a provider for the purposes of this Division even if the individual is a representative of a financial services licensee and is to provide the advice on behalf of that licensee.

961(5)    
If it is not reasonably possible to identify the individual who is to, or individuals who are to, provide the advice, the person who is to provide the advice is the provider for the purposes of this Division.

961(6)    
A person who offers personal advice through a computer program is taken to be the person who is to provide the advice, and is the provider for the purposes of this Division.