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 noteCCH note - modifying legislative instruments: The application of Pt 7.6 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Custody Standards for Providers of Custodial and Depository Services) Instrument 2024/17 (other than Divs 4 and 8); the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669 (as amended by ASIC Corporations (Amendment) Instrument 2024/554) (other than Divs 4 and 8); the ASIC Corporations (Record-Keeping Requirements for Australian Financial Services Licensees when Giving Personal Advice) Instrument 2024/508 (other than Divs 4 and 8); and the ASIC Corporations and Credit (Breach Reporting - Reportable Situations) Instrument 2024/620 (other than Divs 4 and 8).
The application of Pt 7.6 is also affected by Class Order 14/1262: Relief for 31 Day Notice Term Deposits (other than Divs 4 and 8).
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 7.6, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH Note - modifying legislative instruments: The application of Division 9 is affected by the following legislative instruments that commenced on or after 1 January 2022: the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716; the ASIC Corporations (Financial Requirements for Issuers of Retail OTC Derivatives) Instrument 2022/705; the ASIC Corporations (Financial Requirements for Responsible Entities, IDPS Operators and Corporate Directors of Retail CCIVs) Instrument 2023/647; the ASIC Corporations (Financial Requirements for Custodial or Depository Service Providers) Instrument 2023/648; the ASIC Corporations (Investor Directed Portfolio Services) Instrument 2023/669; and the ASIC Corporations and Credit (Breach Reporting - Reportable Situations) Instrument 2021/716 (as amended by the ASIC Corporations and Credit (Amendment) Instrument 2023/589).
For legislative instruments or class orders before 1 January 2022 that affect the application of Division 9, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
[ CCH Note: Div 9 heading will be amended by No 69 of 2020, s 3, Sch 1[1149], by substituting " Records " for " Registers " , (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
CCH Note - modifying legislative instruments: The application of Subdivision C is affected by the following legislative instruments that commenced on or after 1 January 2022: the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716; the ASIC Corporations (Financial Requirements for Issuers of Retail OTC Derivatives) Instrument 2022/705; the ASIC Corporations (Financial Requirements for Responsible Entities, IDPS Operators and Corporate Directors of Retail CCIVs) Instrument 2023/647; and the ASIC Corporations (Financial Requirements for Custodial or Depository Service Providers) Instrument 2023/648.
For legislative instruments or class orders before 1 January 2022 that affect the application of Subdivision C, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
[ CCH Note 1: Subdiv C heading will be substituted by No 69 of 2020, s 3, Sch 1[1161] (effective 1 July 2026 or a day or days to be fixed by Proclamation). Subdiv C heading will read:
]Subdivision C - Recording information about relevant providers
[ CCH Note 2: Subdiv C heading will be amended by No 115 of 2021, s 3, Sch 2[6], by inserting " etc. " at the end, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
CCH note: This provision is modified by legislative instruments. See the CCH note at the end of the provision for details.
[ CCH Note: S 922Q heading will be amended by No 115 of 2021, s 3, Sch 2[7], by inserting " ETC. " at the end, (effective 1 July 2026 or a day or days to be fixed by Proclamation).]
Register to include details of relevant providers
922Q(1)
ASIC must enter details on a Register of Relevant Providers in respect of each person who is or was a relevant provider.
[ CCH Note: S 922Q(1) will be amended by No 115 of 2021, s 3, Sch 2[8], by substituting " each person: (a) who is or was a relevant provider; or (b) for whom a registration under subsection 921ZC(1) is in force. " for " each person who is or was a relevant provider " , (effective 1 July 2026 or a day to be fixed by Proclamation).]
Contents of Register
922Q(2)
The details that must be entered on the Register include the following: (a) the relevant provider ' s name; (b) the relevant provider ' s principal place of business; (c) the name of each financial services licensee on whose behalf the relevant provider is or was authorised to provide personal advice to retail clients in relation to relevant financial products; (d) if applicable, each person who has control of the licensee; (e) the relevant provider ' s date and place of birth; (f) the licence number given under subsection 913C(1) to the relevant provider and each licensee referred to in paragraph (c) ; (g) if applicable, the number given under section 922R ; (h) if the relevant provider is a relevant provider as a result of section 916B :
(i) the name of the authorised representative who authorised the relevant provider under that section; and
(i) the recent advising history of the relevant provider; (j) if the relevant provider is a provisional relevant provider:
(ii) the number allocated to the authorised representative by ASIC;
(i) the fact that the relevant provider is a provisional relevant provider; and
(ii) the day the relevant provider began undertaking work and training in accordance with subsection 921B(4) ; and
(k) except in relation to provisional relevant providers - the year in which the relevant provider first provided personal advice to retail clients in relation to relevant financial products in accordance with the law (including the law of a State or Territory); (l) whether the person is currently, or has ceased to be, a relevant provider; (m) if a financial services licensee has lodged a notice under section 922HB in relation to the relevant provider and a CPD provision - that the relevant provider did not comply with the CPD provision during the licensee ' s CPD year; (n) if the relevant provider has been disqualified from managing corporations - information contained on the register established under section 1274AA ; (o) if the relevant provider has been banned or disqualified under section 80 or 86 of the National Consumer Credit Protection Act 2009 - information about that banning or disqualification; (p) if the relevant provider has been banned, disqualified or suspended under Division 8 of Part 7.6 , or under section 130F of the Superannuation Industry (Supervision) Act 1993 - information about that banning, disqualification or suspension; (q) information about any undertaking that the relevant provider has given under:
(iii) a statement that the relevant provider is required to be supervised in accordance with Subdivision C of Division 8A ;
(i) section 93AA or 171E of the ASIC Act; or
(ii) section 322 of the National Consumer Credit Protection Act 2009 ;
(r) (Repealed) (s) if applicable, information about both of the following:
(i) the relevant financial products in relation to which the relevant provider is authorised to provide personal advice to retail clients;
(t) if applicable, the ABN of any of the following:
(ii) whether the relevant provider is authorised to provide class of product advice in relation to some or all of those products;
(i) the relevant provider;
(ii) each licensee referred to in paragraph (c) ;
(u) information about the educational qualifications of, and any training courses completed by, the relevant provider (but not courses completed in accordance with a CPD provision), to the extent that the qualifications and training courses are relevant to the provision of financial services; (ua) whether a registration under section 921ZC of the relevant provider is in force; (ub) whether the relevant provider provides, or is to provide, a tax (financial) advice service; (uc) if an instrument of a kind prescribed by regulations made for the purposes of subsection (3) is given to, or made in relation to, the relevant provider - details of the instrument; (ud) if a Financial Services and Credit Panel gives the relevant provider an infringement notice and the relevant provider pays the amount stated in the notice before the end of the payment period for the notice - all of the following:
(iii) if applicable, the authorised representative referred to in paragraph (h) ;
(i) details of the notice;
(ii) a statement that the relevant provider has complied with the notice;
(iii) a statement that compliance with the notice is not an admission of guilt or liability;
(ue) any declaration under section 1317E that the relevant provider has contravened a restricted civil penalty provision;
(iv) a statement that the relevant provider is not regarded as having contravened the provision specified in the notice;
(v) (Repealed) (w) any other information that ASIC believes should be included in the Register that relates to the provision of financial services by the relevant provider.
Note 1: Not all of the Register ' s contents are publicly available. However, section 1274A provides that ASIC may permit a person to search certain registers kept by ASIC for prescribed information.
Note 2: Information in paragraph (2)(s) may not be known in relation to a provisional relevant provider (see subsection 922F(4) ).
922Q(3)
The regulations may prescribe instruments of one or more of the following kinds: (a) an instrument made by a Financial Services and Credit Panel under subsection 921K(1) ; (b) a warning or reprimand given by ASIC under subsection 921S(1) ; (c) a warning or reprimand given by a Financial Services and Credit Panel under subsection 921T(1) .
[
CCH Note:
S 922Q will be substituted by No 69 of 2020, s 3, Sch 1[1162] (effective 1 July 2026 or a day or days to be fixed by Proclamation). S 922Q will read:
Note: The data standards may deal with which details are to be entered in those records.]
SECTION 922Q RECORDING INFORMATION ABOUT RELEVANT PROVIDERS
922Q
The Registrar must enter, in the records maintained under section
922A
, details relating to each person who is or was a relevant provider.
CCH Note - modifying legislative instruments: Section 922Q is modified by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (Incidental Retail Cover) Instrument 2022/716; the ASIC Corporations (Financial Requirements for Issuers of Retail OTC Derivatives) Instrument 2022/705; the ASIC Corporations (Financial Requirements for Responsible Entities, IDPS Operators and Corporate Directors of Retail CCIVs) Instrument 2023/647; and the ASIC Corporations (Financial Requirements for Custodial or Depository Service Providers) Instrument 2023/648.
For modifying legislative instruments or class orders before 1 January 2022, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
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