CHAPTER 10
-
TRANSITIONAL PROVISIONS
PART 10.57
-
TRANSITIONAL PROVISIONS RELATING TO THE FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE
-
BETTER ADVICE) ACT 2021 AND RELATED MEASURES
History
Pt 10.57 heading amended by No 75 of 2023, s 3, Sch 2[1] (effective 21 September 2023).
Pt 10.57 inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
Division 1
-
Definitions
History
Div 1 inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684
DEFINITIONS
1684(1)
In this Part:
amending Act
means the
Financial Sector Reform (Hayne Royal Commission Response
-
Better Advice) Act 2021
.
exam cut-off day
, for an existing provider, means:
(a)
if, on 1 January 2022, regulations made for the purposes of paragraph
1684B(a)
prescribe a day in relation to the existing provider
-
that day; or
(b)
otherwise
-
1 January 2022.
existing provider
has the meaning given by section
1546A
.
experienced provider
: a person is an
experienced provider
if:
(a)
the person is an individual; and
(b)
on a day within the period (the
qualifying period
) beginning on 1 January 2007 and ending on 31 December 2021, the person was, under this Act as in force on that day:
(i)
a financial services licensee; or
(ii)
an authorised representative of a financial services licensee; or
(iii)
an employee or director of a financial services licensee; or
(iv)
an employee or director of a related body corporate of a financial services licensee; and
(c)
the person was, under this Act as in force on that day, authorised to provide personal advice to retail clients in relation to any financial product other than:
(i)a general insurance product; or
(ii)
a consumer credit insurance product; or
(iii)
for a day within the qualifying period that is on or after 1 July 2012
-
a basic banking product; and
(d)
the person satisfies paragraphs (b) and (c) for at least 10 years (that is, 3,650 days) within the qualifying period (whether consecutive or not); and
(e)
before the end of the qualifying period, the person has never:
(i)
been banned or disqualified under Division
8
of Part
7.6
as in force at that time; or
(ii)
given an undertaking under section
93AA
or
171E
of the ASIC Act as in force at that time.
History
Definition of
experienced provider
inserted by No 75 of 2023, s 3, Sch 2[3] (effective 21 September 2023).
old Tax Agent Services Act
means the
Tax Agent Services Act 2009
as in force immediately before 1 January 2022.
registered tax (financial) adviser
has the meaning given by the old Tax Agent Services Act.
relevant provider
(Repealed by No 75 of 2023, s 3, Sch 2[4] (effective 21 September 2023).)
second amending Act
means the
Treasury Laws Amendment (2023 Measures No. 3) Act 2023
.
History
Definition of
second amending Act
inserted by No 75 of 2023, s 3, Sch 2[5] (effective 21 September 2023).
standards body
has the meaning given by section
910A
, as in force immediately before 1 January 2022.
History
S 1684(1) amended by No 75 of 2023, s 3, Sch 2[2] (effective 21 September 2023).
1684(2)
An expression used in this Part that is also used in Part
7.6
has the same meaning as in Part
7.6
.
History
S 1684(2) inserted by No 75 of 2023, s 3, Sch 2[6] (effective 21 September 2023).
History
S 1684 inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
Division 2
-
Transitional provisions for existing providers
History
Div 2 inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684AA
EXPERIENCED PROVIDER PATHWAY
Recognising experience
1684AA(1)
Despite anything else in this Part, a person (the
experienced person
) who:
(a)
is an experienced provider; and
(b)
if the experienced person is an existing provider and is a relevant provider at the start of their exam cut-off day
-
meets the education and training standard in subsection
921B(3)
at or before the start of that day;
is taken to meet the education and training standards in subsections
921B(2)
and
(4)
if the experienced person makes a declaration under subsection
(2)
of this section.
1684AA(2)
For the purposes of subsection
(1)
, the experienced person may make a written declaration confirming the experienced person satisfies the definition of
experienced provider
in subsection
1684(1)
.
Note 1: If, on 1 January 2026, the experienced person is an existing provider and has not met the standards, the person may:
(a) cease to be a relevant provider (see subsection
1684D(7)
); and
(b) contravene subsection
911A(1)
,
911B(1)
,
921BA(1)
or
921BA(3)
and consequently commit an offence or be liable to a civil penalty.
Note 2: If the experienced person is required to meet the standards but has not otherwise done so, the person cannot (without first making the declaration):
(a) be granted an Australian financial services licence covering the provision of personal advice (see paragraph
921C(1)(a)
); or
(b) be given an authorisation to provide personal advice (see subsections
921C(2)
to
(4)
).
Note 3: A person may commit an offence or contravene a civil penalty provision if the person gives false or misleading information (see section
1308
of this Act and section
137.1
of the
Criminal Code
).
Requirement to lodge notice
1684AA(3)
A notice relating to the experienced person must be lodged with ASIC under this section in the prescribed form if the experienced person meets the education and training standards in subsections
921B(2)
and
(4)
(the
standards
) because of subsection
(1)
of this section.
Note 1: For how to lodge a notice in the prescribed form, see section
350
.
Note 2: The prescribed form may deal with information required under various sections (for example, sections
922D
to
922L
) of this Act.
Who must lodge notice
1684AA(4)
The notice must be lodged by:
(a)
if the experienced person is a financial services licensee
-
the experienced person; or
(b)
otherwise
-
each financial services licensee on whose behalf the experienced person is authorised to provide personal advice to retail clients in relation to relevant financial products.
When notice must be lodged
1684AA(5)
A person who must lodge the notice (the
lodger
) must do so within 30 business days after:
(a)
if the experienced person:
(i)
makes the declaration under subsection
(2)
before 1 July 2024; and
(ii)
if paragraph
(4)(b)
applies
-
gives the declaration to the lodger before 1 July 2024;
1 July 2024; or
(b)
otherwise
-
the later of:
(i)
the day the experienced person makes the declaration under subsection
(2)
; and
(ii)
if paragraph
(4)(b)
applies
-
the day the experienced person gives the declaration to the lodger.
Content of notice
1684AA(6)
The notice must include:
(a)
the experienced person
'
s name; and
(b)
the address of the experienced person
'
s principal place of business; and
(c)
a written statement by the lodger to the effect that:
(i)
if paragraph
(4)(a)
applies
-
they have met the standards because of subsection
(1)
; or
(ii)
if paragraph
(4)(b)
applies
-
they have received a copy of the experienced person
'
s declaration made under subsection
(2)
.
Requirement to give licensees the declaration
1684AA(7)
If paragraph
(4)(b)
applies, the experienced person must:
(a)
give each licensee mentioned in that paragraph a copy of the experienced person
'
s declaration made under subsection
(2)
; and
(b)
do so as soon as practicable after making the declaration.
Register of Relevant Providers
1684AA(8)
Subsection
922Q(2)
applies as if the details that must be entered on the Register of Relevant Providers in respect of a person who is or was a relevant provider included whether a notice has been lodged with ASIC under this section in relation to the person.
Failing to lodge notice
1684AA(9)
Section
922M
applies in relation to a person who must lodge a notice under this section in a corresponding way to the way that section applies in relation to a person required to cause a notice to be lodged under a provision referred to in subsection
922L(1)
.
Note: Section
922M
provides an offence and civil penalty for failing to lodge certain notices.
History
S 1684AA(9) amended by No 75 of 2023, s 3, Sch 2[27] (effective 20 October 2023).
History
S 1684AA inserted by No 75 of 2023, s 3, Sch 2[7] (effective 21 September 2023).
SECTION 1684A
APPLICATION
-
QUALIFICATIONS FOR EXISTING PROVIDERS
Existing providers who are relevant providers on 1 January 2026
1684A(1)
Subsection
921BA(1)
and subsection
921BA(5)
in so far as it relates to subsection
921BA(1)
, as inserted by Schedule 1 to the amending Act, apply on and after 1 January 2026 in relation to an existing provider who is a relevant provider if the existing provider is a relevant provider on 1 January 2026.
Existing providers who are not relevant providers on 1 January 2026
1684A(2)
If an existing provider who is a relevant provider is not a relevant provider on 1 January 2026, subsection
921BA(1)
and subsection
921BA(5)
in so far as it relates to subsection
921BA(1)
, as inserted by Schedule 1 to the amending Act, apply on and after 1 January 2026 in relation to the existing provider as if the reference in subsection
921BA(1)
, as inserted by Schedule 1 to the amending Act, to meeting the education and training standard in subsection
921B(2)
, as amended by Schedule 2 to the second amending Act, were a reference to:
(a)
meeting the education and training standard in subsection
921B(2)
, as amended by Schedule 2 to the second amending Act; or
(b)
completing one or more courses determined by the Minister under subsection
1684E(1)
to give the existing provider qualifications equivalent to that standard.
History
S 1684A(2) amended by No 75 of 2023, s 3, Sch 2[15] (effective 21 September 2023).
History
S 1684A inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684B
1684B
APPLICATION
-
EXAM FOR EXISTING PROVIDERS
Subsection
921BA(2)
and subsection
921BA(5)
in so far as it relates to subsection
921BA(2)
, as inserted by Schedule 1 to the amending Act, apply, in relation to an existing provider who is a relevant provider, on and after:
(a)
if, on 1 January 2022, regulations made for the purposes of this paragraph prescribe a day in relation to the existing provider
-
that day; or
(b)
otherwise
-
1 January 2022.
History
S 1684B inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684C
APPLICATION
-
EXISTING PROVIDERS WHO MEET CERTAIN EDUCATION AND TRAINING STANDARDS EXEMPT FROM WORK AND TRAINING REQUIREMENT
1684C(1)
Subsection
921BA(3)
and subsection
921BA(5)
in so far as it relates to subsection
921BA(3)
, as inserted by Schedule 1 to the amending Act, do not apply in relation to an existing provider who is a relevant provider.
1684C(2)
Subsection
(1)
has effect subject to subsections
(3)
and
(4)
.
Consequences of failing to gain qualifications for existing providers who are relevant providers on certain days
1684C(3)
The provisions mentioned in subsection
(1)
apply, in relation to an existing provider who is a relevant provider, on and after 1 January 2026 if (and only if), at the start of that day:
(a)
the existing provider is a relevant provider; and
(b)
the existing provider has not:
(i)
met the education and training standard in subsection
921B(2)
, as amended by Schedule
2
to the second amending Act; or
(ii)
completed one or more courses determined by the Minister under subsection
1684E(1)
to give the existing provider qualifications equivalent to that standard.
History
S 1684C(3) amended by No 75 of 2023, s 3, Sch 2[16] (effective 21 September 2023).
Consequences of failing to pass exam for existing providers who are relevant providers on certain days
1684C(4)
The provisions mentioned in subsection
(1)
apply to an existing provider who is a relevant provider on and after the exam cut-off day for the existing provider, if (and only if), at the start of that day:
(a)
the existing provider is a relevant provider; and
(b)
the existing provider has not met the education and training standard in subsection
921B(3)
, as amended by Schedule 1 to the amending Act.
History
S 1684C inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684D
APPLICATION
-
LIMITATION ON AUTHORISATION OF EXISTING PROVIDERS TO PROVIDE PERSONAL ADVICE
1684D(1)
The following provisions (the
relevant provisions
), as inserted by Schedule 1 to the amending Act, do not apply in relation to an existing provider:
(a)
paragraph
921C(1)(a)
;
(b)
paragraphs
921C(2)(a)
and
(b)
;
(c)
paragraphs
921C(3)(a)
and
(b)
;
(d)
paragraphs
921C(4)(a)
and
(b)
.
1684D(2)
Subsection
(1)
has effect subject to subsections
(3)
and
(5)
.
Consequences of failing to gain qualifications
1684D(3)
Subject to subsection
(4)
, the relevant provisions begin to apply on 1 January 2026, in relation to an existing provider if, at the start of that day, the existing provider has not:
(a)
met the education and training standard in subsection
921B(2)
, as amended by Schedule 2 to the second amending Act; or
(b)
completed one or more courses determined by the Minister under subsection
1684E(1)
to give the existing provider qualifications equivalent to that standard.
Note: The relevant provisions may apply to an existing provider before 1 January 2026 if the existing provider fails to pass the exam by the exam cut-off day (see subsection
(5)
).
History
S 1684D(3) amended by No 75 of 2023, s 3, Sch 2[17] (effective 21 September 2023).
S 1684D(3) amended by No 69 of 2023, s 3, Sch 4[59] (effective 15 September 2023).
Exemption in relation to existing providers who are not relevant providers on 1 January 2026
1684D(4)
If, under subsection
(3)
, the relevant provisions begin to apply to an existing provider who is not a relevant provider on 1 January 2026, the relevant provisions apply in relation to the existing provider as if:
(a)
a reference in them to meeting the education and training standard in subsection
921B(2)
, as amended by Schedule 2 to the second amending Act, were a reference to:
(i)
meeting the education and training standard in that subsection; or
(ii)
completing one or more courses determined by the Minister under subsection
1684E(1)
to give the existing provider qualifications equivalent to that standard; and
(b)
they did not include a reference to the education and training standard in subsection
921B(4)
, as amended by Schedule 1 to the amending Act, or a reference to undertaking work and training in accordance with that subsection.
History
S 1684D(4) amended by No 75 of 2023, s 3, Sch 2[17] (effective 21 September 2023).
Consequences of failing to pass exam
1684D(5)
Subject to subsection
(6)
, the relevant provisions begin to apply, in relation to an existing provider, on the exam cut-off day for the existing provider if, at the start of that day, the existing provider has not met the education and training standard in subsection
921B(3)
, as amended by Schedule 1 to the amending Act.
Exemption in relation to existing providers who are not relevant providers on exam cut-off day
1684D(6)
If, under subsection
(5)
, the relevant provisions begin to apply to an existing provider who is not a relevant provider on the exam cut-off day for the existing provider, the relevant provisions apply in relation to the existing provider as if:
(a)
they did not include a reference to the education and training standard in subsection
921B(2)
, as amended by Schedule 2 to the second amending Act; and
(b)
they did not include a reference to the education and training standard in subsection
921B(4)
, as amended by Schedule 1 to the amending Act, or a reference to undertaking work and training in accordance with that subsection.
History
S 1684D(6) amended by No 75 of 2023, s 3, Sch 2[28] (effective 21 September 2023).
S 1684D(6) amended by No 69 of 2023, s 3, Sch 4[60] (effective 15 September 2023).
1684D(6A)
If an existing provider in relation to whom the relevant provisions begin to apply under subsection
(6)
has not, at the start of 1 January 2026, satisfied paragraph
(3)(a)
or
(b)
(which are about qualifications), then, from 1 January 2026:
(a)
for an existing provider who is a relevant provider on 1 January 2026
-
the relevant provisions apply in relation to the existing provider without the modifications set out in paragraphs
(6)(a)
and
(b)
; and
(b)
for an existing provider who is
not
a relevant provider on 1 January 2026
-
the relevant provisions apply in relation to the existing provider:
(i)
without the modifications set out in paragraphs
(6)(a)
and
(b)
; and
(ii)
with the modifications set out in paragraphs
(4)(a)
and
(b)
.
Note: This subsection sets out the consequences for the provider of failing to gain qualifications by 1 January 2026. These consequences differ depending on whether the provider is or is not a relevant provider on that day. If the provider is a relevant provider, they will need to meet the education and training standards. If the provider is not a relevant provider, they will need to gain qualifications but will not need to meet the work and training-related standards.
History
S 1684D(6A) inserted by No 69 of 2023, s 3, Sch 4[61] (effective 15 September 2023).
Consequences of relevant provisions beginning to apply to existing provider
1684D(7)
If, on a particular day, any of the relevant provisions begin to apply to an existing provider who is a relevant provider, the existing provider is taken for the purposes of this Act to have ceased to be a relevant provider on that day.
1684D(8)
Subsection
(7)
does not prevent the existing provider again becoming a relevant provider.
History
S 1684D inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684E
TRANSITIONAL
-
MINISTER MAY DETERMINE COURSES FOR CERTAIN PURPOSES
1684E(1)
The Minister may, by legislative instrument, determine courses for the purposes of the following provisions:
(a)
paragraph
1684A(2)(b)
;
(b)
subparagraph
1684C(3)(b)(ii)
;
(c)
paragraph
1684D(3)(b)
;
(d)
subparagraphs
1684D(4)(a)(ii)
and
(6)(a)(ii)
.
Saving of determinations made by standards body
1684E(2)
A determination that:
(a)
was made under subsection
1546B(7)
, as in force immediately before 1 January 2022; and
(b)
was in force immediately before that day;
continues in force (and may be dealt with) on and after that day as if it had been made under subsection
(1)
of this section.
History
S 1684E inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
Division 3
-
Other transitional provisions relating to the amending Act
History
Div 3 heading amended by No 75 of 2023, s 3, Sch 2[23] (effective 21 September 2023).
Div 3 inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684F
1684F
TRANSITIONAL
-
EXAMS
If, immediately before 1 January 2022, a person met the education and training standard in subsection
921B(3)
, as in force at that time, the person is taken, at and after that time, to have met the education and training standard in subsection
921B(3)
, as amended by Schedule 1 to the amending Act.
History
S 1684F inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684G
1684G
APPLICATION
-
CONTINUING PROFESSIONAL DEVELOPMENT
Subsection
921BA(4)
and subsection
921BA(5)
in so far as it relates to subsection
921BA(4)
, as inserted by Schedule 1 to the amending Act, apply in relation to a financial services licensee
'
s CPD year that begins on or after 1 January 2022.
History
S 1684G inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684H
1684H
APPLICATION
-
ACTION AGAINST RELEVANT PROVIDERS
Section
921K
, as inserted by Schedule 1 to the amending Act, applies in relation to an act or omission by a relevant provider that occurs, or a circumstance that arises in relation to a relevant provider, on or after 1 January 2022.
History
S 1684H inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684J
1684J
APPLICATION
-
RECOMMENDATIONS TO ASIC IN RELATION TO RESTRICTED CIVIL PENALTY PROVISIONS
Section
921Q
, as inserted by Schedule 1 to the amending Act, applies in relation to an act or omission by a relevant provider that occurs on or after 1 January 2022.
History
S 1684J inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684K
1684K
APPLICATION
-
WARNINGS AND REPRIMANDS
Sections
921S
and
921T
, as inserted by Schedule 1 to the amending Act, apply in relation to an act or omission by a relevant provider that occurs, or a circumstance that arises in relation to a relevant provider, on or after 1 January 2022.
History
S 1684K inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684L
1684L
APPLICATION
-
REQUIREMENT FOR RELEVANT PROVIDERS TO BE REGISTERED
(Repealed by No 101 of 2023, s 3, Sch 1[20] (effective 28 November 2023).)
SECTION 1684M
1684M
SAVING
-
DETERMINATIONS MADE FOR EDUCATION AND TRAINING STANDARDS
An instrument that:
(a)
was made under subparagraph
921U(2)(a)(i)
,
(iii)
or
(iv)
, as in force immediately before 1 January 2022; and
(b)
was in force immediately before that day;
continues in force (and may be dealt with) on and after that day as if it had been made under subsection
921B(6)
, as added by Schedule 1 to the amending Act.
History
S 1684M inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684N
1684N
SAVING
-
WORD OR EXPRESSION TO REFER TO A PROVISIONAL RELEVANT PROVIDER
A determination that:
(a)
was made under subparagraph
921U(2)(a)(v)
, as in force immediately before 1 January 2022; and
(b)
was in force immediately before that day;
continues in force (and may be dealt with) on and after that day as if it had been made under subsection
923C(9A)
, as inserted by Schedule 1 to the amending Act.
History
S 1684N inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684P
1684P
SAVING
-
CODE OF ETHICS
The Code of Ethics that:
(a)
was made under paragraph
921U(2)(b)
, as in force immediately before 1 January 2022; and
(b)
was in force immediately before that day;
continues in force (and may be dealt with) on and after that day as if it had been made under section
921E
, as amended by Schedule 1 to the amending Act.
History
S 1684P inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684Q
1684Q
TRANSITIONAL
-
APPROVALS OF FOREIGN QUALIFICATIONS
An application for approval of a foreign qualification that:
(a)
was made under subsection
921V(1)
, as in force immediately before 1 January 2022; and
(b)
had not been finally determined at the start of that day;
may be dealt with, on and after that day, as if it had been made under subsection
921G(1)
, as added by Schedule 1 to the amending Act.
History
S 1684Q inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684R
1684R
SAVING
-
APPROVALS OF FOREIGN QUALIFICATIONS THAT ARE IN FORCE
An approval of a foreign qualification that:
(a)
was given under paragraph
921V(3)(a)
, as in force immediately before 1 January 2022; and
(b)
was in force immediately before that day;
continues in force (and may be dealt with) on and after that day as if it had been given under paragraph
921G(2)(a)
, as added by Schedule 1 to the amending Act.
History
S 1684R inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684S
1684S
TRANSITIONAL
-
APPROVALS OF FOREIGN QUALIFICATIONS THAT ARE NOT YET IN FORCE
If:
(a)
for the purposes of approving a foreign qualification for a person, one or more courses were specified for the person under subsection
921V(5)
, as in force immediately before 1 January 2022; and
(b)
immediately before that day, the person had not completed all of those courses;
section
921G
, as added by Schedule 1 to the amending Act, has effect on and after that day, as if the courses were specified for the person under subparagraph
921G(3)(b)(i)
.
History
S 1684S inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684T
TRANSITIONAL
-
ORDERS UNDER SECTION 30-20 OF THE OLD TAX AGENT SERVICES ACT
1684T(1)
This section applies if a relevant provider does not comply with:
(a)
an order under section
30-20
of the old Tax Agent Services Act that is in force against the relevant provider immediately before 1 January 2022; or
(b)
an order made on or after that day against the relevant provider, in relation to an act or omission before that day, under section
30-20
of the old Tax Agent Services Act.
Action by Financial Services and Credit Panels
1684T(2)
If no other Financial Services and Credit Panel has taken action against the relevant provider under this subsection, a Financial Services and Credit Panel may do one of the following:
(a)
give the relevant provider a warning or reprimand;
(b)
make an instrument of a kind specified in subsection
921L(1)
, as inserted by Schedule 1 to the amending Act, in relation to the relevant provider.
Action by ASIC
1684T(3)
If no Financial Services and Credit Panel has taken action against the relevant provider under subsection
(2)
, ASIC may make an order against the relevant provider.
1684T(4)
If:
(a)
no Financial Services and Credit Panel has taken action against the relevant provider under subsection
(2)
; and
(b)
ASIC has not made an order against the relevant provider under subsection
(3)
;
ASIC must give the relevant provider a warning or reprimand.
Application of Act to action taken by Financial Services and Credit Panels under subsection (2)
1684T(5)
This Act applies in relation to a warning or reprimand given under paragraph
(2)(a)
as if the warning or reprimand were given under subsection
921T(1)
, as inserted by Schedule 1 to the amending Act.
1684T(6)
This Act applies in relation to an instrument made, or proposed to be made, under paragraph
(2)(b)
as if the instrument were made, or proposed to be made, under subsection
921K(1)
, as inserted by Schedule 1 to the amending Act.
Application of Act to action taken by ASIC under subsection (3) or (4)
1684T(7)
This Act applies in relation to an order made, or proposed to be made, under subsection
(3)
as if the order were a banning order.
1684T(8)
This Act applies in relation to a warning or reprimand given under subsection
(4)
as if the warning or reprimand were given under subsection
921S(1)
, as inserted by Schedule 1 to the amending Act.
History
S 1684T inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684U
TRANSITIONAL
-
DEEMED REGISTRATION OF CERTAIN RELEVANT PROVIDERS
1684U(1)
This section applies in relation to a person if:
(a)
the person is a relevant provider; and
(b)
immediately before 1 January 2022, either:
(i)
the person was a registered tax (financial) adviser; or
(ii)
an application under section 20-20 of the old Tax Agent Services Act for the registration of the person as a registered tax (financial) adviser had not been finally determined; or
(iii)
an application under section 20-50 of the old Tax Agent Services Act for the renewal of the person
'
s registration as a registered tax (financial) adviser had not been finally determined; and
(c)
on or after 1 January 2022, either:
(i)
the person
'
s registration as a registered tax (financial) adviser continues in force because of item 139 of Schedule 1 to the amending Act; or
(ii)
the person
'
s registration, or renewed registration, as a registered tax (financial) adviser comes into force because of item 140 of Schedule 1 to the amending Act.
History
S 1684U(1) amended by No 101 of 2023, s 3, Sch 1[21] (effective 28 November 2023).
1684U(2)
On andafter the application day for the person, this Act applies in relation to the person as if:
(a)
the person were registered under subsection
921ZC(1)
, as inserted by Schedule 1 to the amending Act, because of an application in accordance with:
(i)
if the relevant provider is a financial services licensee
-
section
921ZA
, as inserted by Schedule 1 to the amending Act; or
(ii)
if the relevant provider is not a financial services licensee
-
section
921ZB
, as inserted by Schedule 1 to the amending Act; and
(b)
the person
'
s registration under subsection
921ZC(1)
, as inserted by Schedule 1 to the amending Act, came into force on the application day for the person.
1684U(3)
For the purposes of this section, the
application day
for a person is:
(a)
if the person
'
s registration continues in force because of item 139 of Schedule 1 to the amending Act
-
1 January 2022; or
(b)
if the person
'
s registration, or renewed registration, is in force because of item 140 of Schedule 1 to the amending Act
-
the day the registration, or renewed registration, comes into force under that item.
History
S 1684U(3) amended by No 101 of 2023, s 3, Sch 1[22] and
[
23] (effective 28 November 2023).
S 1684U inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
SECTION 1684V
TRANSITIONAL
-
TRANSFER OF DOCUMENTS
1684V(1)
After 1 January 2022, any document that:
(a)
was in the possession of a director or employee of the standards body immediately before that day; and
(b)
relates to the functions of the standards body (other than the exam function);
is to be transferred to the Secretary of the Department.
1684V(2)
After 1 January 2022, any document that:
(a)
was in the possession of a director or employee of the standards body immediately before that day; and
(b)
relates to the exam function of the standards body;
is to be transferred to ASIC.
1684V(3)
In this section:
exam function
means the function mentioned in paragraph
921U(1)(d),
as in force immediately before 1 January 2022.
History
S 1684V inserted by No 115 of 2021, s 3, Sch 1[98] (effective 1 January 2022).
[
CCH Note:
Div 4 will be inserted by No 115 of 2021, s 3, Sch 2[10] (effective 1 July 2026 or a day or days to be fixed by Proclamation). Div 4 will read:
Division 4
-
Transitional provisions for Schedule 2 to the amending Act
SECTION 1684W APPLICATION
-
AMENDMENTS MADE BY SCHEDULE 2 TO THE AMENDING ACT
1684W(1)
If a registration of a person under old subsection
921ZC(1)
is in force immediately before the Schedule 2 commencement time, the person is taken to be registered under new subsection
921ZC(1)
during the period:
(a)
starting at the Schedule 2 commencement time; and
(b)
ending at the earliest of the following:
(i)
the cancellation time specified in a registration prohibition order in force against the person;
(ii)
the time when a banning order against the person takes effect;
(iii)
the end of the next 30 June after the Schedule 2 commencement time.
1684W(2)
In this section:
new subsection 921ZC(1)
means subsection
921ZC(1)
, as substituted by Schedule 2 to the amending Act.
old subsection 921ZC(1)
means subsection
921ZC(1)
, as in force immediately before the Schedule 2 commencement time.
Schedule 2 commencement time
means the start of the day Schedule 2 to the amending Act commences.]
Division 3A
-
Transitional provisions relating to the second amending Act
History
Div 3A inserted by No 75 of 2023, s 3, Sch 2[24] (effective 21 September 2023).
SECTION 1684VA
1684VA
APPLICATION OF AMENDMENT
-
APPROVAL OF DOMESTIC QUALIFICATIONS
Section
921GA
, as inserted by Part 2 of Schedule 2 to the second amending Act, applies in relation to an application made under that section on or after the commencement of that Part, whether the degree or qualification to which the application relates was completed before, on or after that commencement.
History
S 1684VA inserted by No 75 of 2023, s 3, Sch 2[24] (effective 21 September 2023).
SECTION 1684VB
TRANSITIONAL
-
DETERMINATION APPROVING DEGREES AND QUALIFICATIONS
1684VB(1)
This section applies to a determination that is in force immediately before the commencement of Part 2 of Schedule 2 to the second amending Act:
(a)
under subsection
921B(6)
; and
(b)
for the purposes of paragraph
921B(2)(a)
.
1684VB(2)
The determination continues in force (and may be dealt with) on and after that commencement as if the determination had been made:
(a)
under subsection
921B(6)
, as amended by that Part; and
(b)
for the purposes of paragraph
921B(2)(a)
, as substituted by that Part.
History
S 1684VB inserted by No 75 of 2023, s 3, Sch 2[24] (effective 21 September 2023).
SECTION 1684VC
CERTAIN REQUIREMENTS FOR REGISTERED TAX AGENTS
1684VC(1)
For the purposes of applying subsection
921C(1)
to the licensing of a registered tax agent during the period:
(a)
starting on 1 January 2022; and
(b)
ending immediately before the commencement of Part 3 of Schedule 2 to the second amending Act;
treat the registered tax agent as having met each requirement referred to in subparagraph
921C(1)(b)(ii)
or
(c)(ii)
.
1684VC(2)
For the purposes of applying subsection
921C(2)
,
(3)
or
(4)
to the authorisation of a registered tax agent during the period:
(a)
starting on 1 January 2022; and
(b)
ending immediately before the commencement of Part 3 of Schedule 2 to the second amending Act;
treat the registered tax agent as having met each requirement referred to in subparagraph (c)(ii) of that subsection.
History
S 1684VC inserted by No 75 of 2023, s 3, Sch 2[24] (effective 21 September 2023).