Corporations Act 2001
[ CCH Note: Ch 7 will be amended by No 8 of 2022, s 3, Sch 2, by inserting the note, (effective 1 July 2022). The note will read:
A financial services licensee cannot be the authorised representative of another financial services licensee.
Note 1: Instead, the first licensee could use their own licence to provide financial services on behalf of the second licensee (assuming that the first licensee's licence covered the provision of those services). See paragraph 911B(1) (d).
Note 2: There is an exception to this rule in section 916E .916D(2) [ Authorisation void]
A purported authorisation given in breach of this requirement is void.916D(2A) [ Giving of authorisation]
A person must not give a purported authorisation if that purported authorisation is given in breach of this requirement.
Note: Failure to comply with this subsection is an offence (see subsection 1311(1) ).916D(2B) [ Financial services licensee as authorised representative]
The requirement in subsection (1) does not prohibit a financial services licensee from being an authorised representative in circumstances covered by section 916E .
Note: In a prosecution for an offence based on subsection (2A), a defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .916D(3) [ Breach]
As well, an authorisation that starts to breach this requirement, because the person authorised is subsequently granted an Australian financial services licence, is void.