Corporations Act 2001
Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .
CCH 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 202 3/6 69 (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); the ASIC Corporations (31-day Notice Term Deposits) Instrument 2025/172 (other than Divs 4 and 8); and the ASIC Corporations and Credit (Breach Reporting - Reportable Situations) Instrument 202 4/6 20 (other than Divs 4 and 8) (as amended by ASIC Corporations and Credit (Amendment) Instrument 2025/289).
The application of Pt 7.6 is also affected by the Class Order 1 [frac412] 62: Relief for 31 Day Notice Term Deposits (other than Divs 4 and 8); and the ASIC Corporations, Credit and Superannuation (Internal Dispute Resolution) Instrument 2020/98 (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 8A is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: 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 202 3/6 47; and the ASIC Corporations (Financial Requirements for Custodial or Depository Service Providers) Instrument 202 3/6 48.
For legislative instruments or class orders before 1 January 2022 that affect the application of Division 8A, 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 Subdivision D is affected by the following legislative instruments that commenced on or after 1 January 2022: 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 202 3/6 47; and the ASIC Corporations (Financial Requirements for Custodial or Depository Service Providers) Instrument 202 3/6 48.
For legislative instruments or class orders before 1 January 2022 that affect the application of Subdivision D, 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: This provision is modified by legislative instruments. See the CCH note at the end of the provision for details.
Application for approval
921GA(1)
A person who: (a) has completed a bachelor or higher degree approved by a determination in force for the purposes of subparagraph 921B(2)(a)(i) (the domestic qualification ); but (b) has not completed the domestic qualification in accordance with subparagraph 921B(2)(a)(ii) ;
may apply to the Minister for approval of the domestic qualification.
921GA(2)
The application must be: (a) in writing; and (b) in the form approved, in writing, by the Minister.
Approval or refusal
921GA(3)
The Minister must, by written notice given to the person, either: (a) approve the domestic qualification; or (b) refuse to approve the domestic qualification.
921GA(4)
The Minister may approve the domestic qualification under subsection (3) only if the Minister is satisfied that: (a) the person has completed the domestic qualification but not in accordance with subparagraph 921B(2)(a)(ii) ; and (b) the person nevertheless has qualifications equivalent to the person completing the domestic qualification in accordance with subparagraph 921B(2)(a)(ii) .
When approval comes into force
921GA(5)
An approval under subsection (3) comes into force when it is given.
CCH note - modifying legislative instruments: Section 921GA is modified by the following legislative instruments that commenced or were amended on or after 1 January 2022: 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 202 3/6 47; and the ASIC Corporations (Financial Requirements for Custodial or Depository Service Providers) Instrument 202 3/6 48.
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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