Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.6 - LICENSING OF PROVIDERS OF FINANCIAL SERVICES  

Division 1 - Preliminary  

SECTION 910C   MEANING OF LINKED TO A REFUSAL OR FAILURE TO GIVE EFFECT TO A DETERMINATION MADE BY AFCA  

910C(1)  
An entity is linked to a refusal or failure to give effect to a determination made by AFCA if:

(a) a complaint is made under the AFCA scheme; and

(b) AFCA makes a determination relating to the complaint; and

(c) AFCA becomes aware that a party to the complaint (the primary entity ) may have refused or failed to give effect to the determination; and

(d) AFCA gives particulars of the refusal or failure in accordance with subsection 1052E(1) ; and

(e) the first-mentioned entity is the primary entity or is covered by subsection (2) of this section.

910C(2)  
This subsection covers an entity if, at any time during the period starting when AFCA makes the determination and ending when AFCA so gives the particulars, the entity is:

(a) an officer of the primary entity; or

(b) if the primary entity is an individual - substantially or significantly involved in the management of:

(i) a financial services business carried on by the primary entity; or

(ii) credit activities (within the meaning of the National Consumer Credit Protection Act 2009 ) engaged in by the primary entity; or

(c) if the primary entity is the multiple trustees of a trust - one of the trustees of the trust.