Corporations (Relevant Providers Degrees, Qualifications and Courses Standard) Amendment Determination (No. 1) 2020

Administered by Department of the Treasury

Legislation au F2020L01636 Not in force Legislative Instrument

Legislation content

 

 

Financial Adviser Standards and Ethics Authority Ltd

 

 

 

Corporations (Relevant Providers Degrees, Qualifications and Courses Standard) Amendment Determination (No. 1) 2020

 

 

 

Explanatory Statement

 

Key information

  1. This instrument amends the Corporations (Relevant Providers Degrees, Qualifications and Courses Standard) Determination 2020 (the 2020 Determination). It amends the list of bachelor and higher degrees, and equivalent qualifications determined for the purposes of the education and training standard that relevant providers (financial planners and advisers) must meet under paragraph 921B(2)(a) of the Corporations Act 2001.
  2. It also amend the determination under paragraph 1546B(1)(b) of the Corporations Act 2001 for existing providers, describing courses that give the provider qualifications equivalent to the education and training standard in subsection 921B(2) of the Act.

Date of effect

3.              This instrument comes into effect on the day after it is registered in the Federal Register of Legislation (see section 2 of the determination).

Glossary

4.              Words and expressions used in this statement are defined in the following table.

 

Expression

Meaning

Act

the Corporations Act 2001.

Authority

Financial Adviser Standards and Ethics Authority Ltd, which is declared to be the standards body under section 921X.

Context

5.              The Corporations Act was amended in 2017 to provide for improved standards of education, training, ethical behaviour and professionalism for relevant providers (financial planners and financial advisers).

6.              Section 921B sets 4 standards that relevant providers must meet (education and training standards). Paragraph 921C(1)(b) of the Act prohibits ASIC from granting a financial services licence to a person who has not met the education and training standards. Subsection 921C(2) also prohibits licensees and authorised representatives of licensees from authorising other persons to give personal advice to retail clients in relation to relevant financial products unless the other persons have met the education and training standards. These prohibitions have applied from 1 January 2019 (section 1546C).

7.              The first of the standards requires the relevant provider to have completed a bachelor or higher degree, or an equivalent qualification.[1] Under subparagraph 921U(2)(a)(i) of the Act, the Authority must, by legislative instrument, approve bachelor or higher degrees, or equivalent qualifications for this purpose. The 2020 Determination approves specific bachelor and higher degrees, and equivalent qualifications, for this purpose.

8.              Under paragraph 1546B(1)(b) of the Act, for existing providers, courses may be determined by the Authority as courses that give the provider qualifications equivalent to the education and training standard in subsection 921B(2) of the Act. The 2020 Determination determines courses for this purpose.

The determination in detail

Part 1Preliminary

9.              Section 1 provides that the name of the instrument is the Corporations (Relevant Providers Degrees, Qualifications and Courses Standard) Amendment Determination (No. 1) 2020.

10.          Section 2 provides that the determination will commence on the day after it is registered in the Federal Register of Legislation.

11.          Section 3 sets out the legislative authority for making the determination: subparagraph 921U(2)(a)(i) and paragraph 1546B(1)(b) of the Act.

12.          Section 4 provides for the amendments to be made, in Schedule 1 of the Determination.

Schedule 1—Amendments

13.          Schedule 1 amends the 2020 determination.

14.          Item 1 amends the definitions in subsection 5(1) of the 2020 Determination by adding a definition of post-graduate relevant degree (relevantly, a graduate diploma or Masters degree that satisfies AQF criteria for AQF level 8 or higher.

15.          Item 2 amends the notes to subsection 6(2) of the 2020 Determination by adding additional degrees and qualifications that include ethics units of study and so relevant providers who complete these degrees and qualifications do not have to complete, also, approved ethics courses.

16.          Item 3 amends the table in subsection 7(1) to add provision for relevant providers who have a relevant degree and a post-graduate relevant degree.

17.          Item 4 repeals and replaces the table to section 8. That table relates to existing advisers with specific qualifications, and specifies the additional courses / bridging units that they must complete. The amendments (principally item 5A in the table) relate to providers who have a relevant degree and a post-graduate relevant degree.

18.          Item 5 repeals and replaces the table in Schedule 1 to the 2020 Determination. The replaced table includes a number of corrections and updates to information and descriptions of degrees and units of study reflecting input from higher education providers to correct and update and the Authority’s on-going reviews of courses.

19.          The table also includes additional degrees and qualifications that have been assessed by the Authority as meeting the appropriate standards.

20.          Item 6 repeals and replaces the table in Schedule 2 to the 2020 Determination. The replaced table includes a number of corrections and updates to information and descriptions of degrees and units of study reflecting input from higher education providers to correct and update and the Authority’s on-going reviews of courses.

Consultation

21.          The Authority undertook consultation in September 2020 on the substance of the changes proposed to be made in the Determination. There were 6 formal submissions received. All feedback was given due consideration. The Authority concluded that the provisions of the Determination identify appropriate degree and other courses for the purposes of the first of the education standards.

Regulatory impact

22.          The Office of Best Practice Regulation has confirmed that no Regulatory Impact Statement is needed for the determination.

23.          The compliance costs associated with the 2017 amendments to the Act raising education, training and ethical standards of financial advisers was estimated in the Explanatory Memorandum for the Bill for the Corporations Amendment (Professional Standards of Financial Advisers) Act 2017 at approximately $165.1m. It is not practicable to make a meaningful estimate of the value of the benefits to consumers of improved standards in the industry.

Statement of compatibility with human rights

24.          The determination may engage the right to freely choose and accept work under Article 6(1) of the International Convention on Economic, Social and Cultural Rights. However, it is part of a series of legislated requirements for financial planners and financial advisers designed to ensure that consumers get better service standards and to instil overall confidence in the industry. On that basis, the instrument is assessed to be compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

 

[1]  Section 921V allows for a foreign qualification, specified by the Authority, to be regarded as meeting the first standard. This determination does not deal with foreign qualifications.

Overview

The Corporations (Relevant Providers Degrees, Qualifications and Courses Standard) Amendment Determination (No. 1) 2020 was enacted to amend the Corporations (Relevant Providers Degrees, Qualifications and Courses Standard) Determination 2020, addressing the need to update the list of approved degrees and qualifications for financial planners and advisers under the Corporations Act 2001. This amendment was introduced by the Financial Adviser Standards and Ethics Authority Ltd, a body declared as the standards authority under section 921X of the Act. The primary policy objective is to enhance the education and training standards for financial planners and advisers, ensuring that they meet high ethical and professional standards to protect consumer interests and boost confidence in the financial services industry. The determination was made under subparagraph 921U(2)(a)(i) and paragraph 1546B(1)(b) of the Corporations Act 2001, which require the Authority to approve degrees and qualifications for relevant providers and courses for existing providers that meet the education and training standards. This legislative instrument updates the approved list of degrees and qualifications, incorporates feedback from higher education providers, and corrects and updates course descriptions based on ongoing reviews by the Authority. The changes primarily aim to ensure that the standards are current and reflective of the educational requirements necessary for maintaining high professional standards in the financial advisory sector.

Scope and Application

The Corporations (Relevant Providers Degrees, Qualifications and Courses Standard) Amendment Determination (No. 1) 2020 applies to financial advisers and financial planners in Australia, specifically targeting those who provide personal advice to retail clients regarding relevant financial products. The Act amends the Corporations (Relevant Providers Degrees, Qualifications and Courses Standard) Determination 2020 to update the list of approved bachelor and higher degrees and equivalent qualifications that financial advisers and planners must complete to meet the education and training standards under the Corporations Act 2001. The amendment also updates the list of courses for existing providers to ensure they hold qualifications equivalent to the education and training standard. The instrument comes into effect on the day after it is registered in the Federal Register of Legislation and is applicable across the Commonwealth of Australia. The Authority, as the standards body, has the power to amend the list of approved degrees, qualifications, and courses through subordinate legislation, ensuring that the standards remain current and reflective of industry needs. There are no stated exclusions or thresholds within the text, and the Regulatory Impact Statement confirms that no additional costs are associated with this determination.

Key Provisions

The main sections of the Corporations (Relevant Providers Degrees, Qualifications and Courses Standard) Amendment Determination (No. 1) 2020 amend the Corporations (Relevant Providers Degrees, Qualifications and Courses Standard) Determination 2020 (paragraphs 13-20). This instrument updates the list of bachelor and higher degrees, and equivalent qualifications that meet the education and training standard for financial planners and advisers under the Corporations Act 2001. It also revises the courses that provide qualifications equivalent to the education and training standard for existing providers. This amendment aims to ensure that the qualifications and courses listed are current and meet the necessary standards for financial advisers. The Act imposes several obligations on financial advisers and relevant providers. Firstly, it mandates that financial advisers and relevant providers must have completed a bachelor or higher degree, or an equivalent qualification, to meet the education and training standards set forth in the Corporations Act 2001 (section 921B). The Authority must approve specific degrees or qualifications for this purpose (subsection 921U(2)(a)(i)). Secondly, for existing providers, the Authority may determine courses that give the provider qualifications equivalent to the education and training standard (paragraph 1546B(1)(b)). These obligations ensure that financial advisers possess the necessary educational background and professional qualifications. Breach of the education and training standards set by the Corporations Act 2001 can lead to several consequences. Firstly, under paragraph 921C(1)(b) of the Act, the Australian Securities and Investments Commission (ASIC) is prohibited from granting a financial services licence to a person who has not met the education and training standards. This prohibition is also extended to licensees and authorised representatives of licensees, who are not allowed to authorise other persons to give personal advice to retail clients unless the advisers have met the education and training standards (subsection 921C(2)). Non-compliance with these standards can therefore result in the denial of a financial services licence and restrictions on professional activities. Additionally, the Authority may take regulatory action against providers who fail to meet these standards, potentially leading to fines or other penalties.

Legal classification tags

Area of Law
Corporate Law & Governance
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.