Financial Services Reform Amendment Act 2003 (141 of 2003)
Schedule 2 Other amendments of the Corporations Act 2001
38 After subsection 916F(1)
Insert:
(1AA) Subsection (1) does not apply to an authorisation of a representative if:
(a) the authorisation is by a body corporate and is given as mentioned in section 916B; and
(b) the relevant consent under subsection 916B(5) was given in respect of a specified class of individuals of which the representative is a member; and
(c) the representative is an employee of the body corporate; and
(d) the only financial services that the representative is authorised to provide are either or both of the following:
(i) general advice that relates to financial products covered by regulations made for the purposes of this paragraph;
(ii) dealing in financial products covered by regulations made for the purposes of this paragraph.
Note 1: Regulations made for the purposes of paragraph (d) may be expressed to cover all financial products, or only one or more specified kinds of financial products.
Note 2: A defendant bears an evidential burden in relation to the matters in subsection (1AA). See subsection 13.3(3) of the Criminal Code.