6
Fitness and Propriety Transitional Provisions
6.1
- 07/03/2016
6.2
The requirements of 2.4 – 2.6 do not apply to a firm in respect of a key function holder in relation to any key function held by that person as at 7 March 2016 at that firm.
- 07/03/2017
6.3
The requirement to request regulatory references from a full scope regulatory reference firm in accordance with the requirements of 2.6(2) does not apply to a firm in respect of an application for approval as an approved person made before 7 March 2017.
- 07/03/2017
6.4
Item (F) in the regulatory reference template does not require disclosure of disciplinary action that took place before 7 March 2017 if the firm’s records do not show whether the conduct that was subject to disciplinary action amounted to a breach of the individual conduct requirements referred to in item (F) in the regulatory reference template.
- 07/03/2017
6.5
The requirement to obtain regulatory references in accordance with 2.5 does not apply to a firm in respect of any person to the extent that:
- (1) the firm is deciding whether the person is fit and proper for the purpose of issuing a certificate to perform a certification function; and
- (2) immediately prior to 10 December 2019 the person performed the same certification function for the firm.
- 10/12/2019
6.6
Item (F) in the regulatory reference template does not require disclosure of disciplinary action that took place in respect of a certification employee (other than a key function holder) prior to 10 December 2019 if the firm’s records do not show whether the conduct that was subject to disciplinary action amounted to a breach of the individual conduct requirements referred to in item (F) in the regulatory reference template.
- 10/12/2019