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 8A - Professional standards for relevant providers etc.  

Subdivision A - Education and training standards  

SECTION 921B   MEANING OF EDUCATION AND TRAINING STANDARDS  

921B(1)    
This section sets out the education and training standards for a person who is, or is to be, a relevant provider. Conditions for relevant providers

921B(2)    
The first standard is that:

(a)    

the person has completed a bachelor or higher degree, or equivalent qualification, approved by the Minister; or

(b)    

both of the following conditions are satisfied:

(i) the person has completed a foreign qualification;

(ii) the Minister has approved the foreign qualification under section 921G .

921B(3)    

The second standard is that the person has passed an exam administered under this subsection by ASIC in accordance with principles approved by the Minister.

921B(4)    

The third standard is that the person has undertaken at least 1 year of work and training that meets the requirements set by the Minister.

Note: A relevant provider who is undertaking work and training in accordance with this subsection is a provisional relevant provider (see the definition of provisional relevant provider in section 910A ). For rules relating to provisional relevant providers, see Subdivision C .

Continuing standard for relevant providers

921B(5)    

The fourth standard is that the person meets the requirements for continuing professional development set by the Minister. Determinations by Minister

921B(6)    

The Minister may, by legislative instrument, do any or all of the following in one or more determinations:

(a)    approve bachelor or higher degrees, or equivalent qualifications, for the purposes of paragraph (2)(a) ;

(b)    approve principles for the purposes of subsection (3) ;

(c)    set requirements for work and training for the purposes of subsection (4) ;

(d)    set requirements for continuing professional development for the purposes of subsection (5) in relation to the CPD year of a financial services licensee, the period mentioned in subsection 1546E(5) , or any other period determined by the Minister.

921B(7)    

Before exercising the power in subsection (6) , the Minister must be satisfied that doing so is necessary or desirable to ensure that relevant providers are adequately trained and competent to provide personal advice to retail clients in relation to relevant financial products.