Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
View history note
Hide history noteA determination made by AFCA in respect of a person is a relevant AFCA determination if: (a) the determination relates to a complaint by the person that:
(i) at the time the complaint is made, is a complaint against another person (the relevant entity ) who (at that time) is a member of the AFCA scheme; and
(b) the determination:
(ii) is a complaint about a product, or service, of a kind mentioned in subsection (2) ; and
(i) requires the relevant entity to pay an amount to the person, whether or not the relevant entity still exists; and
(ii) is accepted by the person.
1065(2)
For the purposes of subparagraph (1)(a)(ii) , the kinds of products and services are as follows: (a) engaging in a credit activity (within the meaning of the National Consumer Credit Protection Act 2009 ):
(i) as a credit provider; or
(b) providing financial product advice that is personal advice provided to a person as a retail client about one or more products that include at least one relevant financial product (within the meaning of Part 7.6 of this Act); (c) dealing in securities for a person as a retail client, other than issuing securities.
(ii) other than as a credit provider;
1065(3)
In this section:
credit provider
has the same meaning as in any Part of the
National Consumer Credit Protection Act 2009
other than Part
3-2CA
.
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