FIRST HOME SAVER ACCOUNTS ACT 2008 (REPEALED)

PART 7 - PRUDENTIAL PROVISIONS  

Division 1 - Authorisation of RSE licensees as FHSA providers  

Subdivision C - Conditions on authorisation as FHSA provider  

SECTION 97   Conditions imposed on all authorisations  

97(1)    
The following conditions are imposed on all authorisations as an FHSA provider:


(a) the FHSA provider must comply with this Act, the regulations and the Prudential Standards;


(b) the FHSA provider must perform properly the duties of a trustee in respect of each FHSA trust of which it is the trustee;


(c) the FHSA provider must ensure that every FHSA trust of which it is the trustee is maintained solely in respect of the provision of FHSAs;


(d) the FHSA provider must continue to meet the capital requirements under section 93 ;


(e) the FHSA provider must continue to hold an RSE licence of a class that would enable it to be a trustee of a public offer entity;


(f) the FHSA provider must comply with any other conditions specified by regulations made for the purposes of this paragraph.

Note 1:

Breach of a condition may lead to consequences such as a direction from APRA to comply with the condition (see section 99 ) or cancellation of the authorisation (see section 107 ).

Note 2:

An FHSA provider must notify APRA of certain breaches of conditions: see section 111 .

Note 3:

Additional conditions may be imposed on various types of authorisation (see subsection (2)) or a particular authorisation (see section 98 ).


97(2)    
An additional condition specified by a regulation made for the purposes of this subsection as a condition applying to all authorisations of a specified class is imposed on each authorisation of that class.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.