CORPORATIONS ACT 2001 - SECT 1065 Meaning of relevant AFCA determination

CORPORATIONS ACT 2001 - SECT 1065

  (1)   A determination made by AFCA in respect of a person is a relevant AFCA determination if:

  (a)   the determination relates to a complaint by the person that:

  (i)   at the time the complaint is made, is a complaint against another person (the relevant entity ) who (at that time) is a member of the AFCA scheme; and

  (ii)   is a complaint about a product, or service, of a kind mentioned in subsection   (2); and

  (b)   the determination:

  (i)   requires the relevant entity to pay an amount to the person, whether or not the relevant entity still exists; and

  (ii)   is accepted by the person.

  (2)   For the purposes of subparagraph   (1)(a)(ii), the kinds of products and services are as follows:

  (a)   engaging in a credit activity (within the meaning of the National Consumer Credit Protection Act 2009 ):

  (i)   as a credit provider; or

  (ii)   other than as a credit provider;

  (b)   providing financial product advice that is personal advice provided to a person as a retail client about one or more products that include at least one relevant financial product (within the meaning of Part   7.6 of this Act);

  (c)   dealing in securities for a person as a retail client, other than issuing securities.

  (3)   In this section:

"credit provider" has the same meaning as in any Part of the National Consumer Credit Protection Act 2009 other than Part   3 - 2CA.