Electronic Lodgement Protocol - Financial advisers and authorised representatives

1.    Enabling Legislation

1.1.   The Australian Securities and Investments Commission makes this approval under paragraph 352(1)(b) of the Corporations Act.  

2.    Name

2.1     This approval is the Electronic Lodgement Protocol - Relevant Provider Register and Authorised Representative Register (referred to as the Electronic Lodgement Protocol or ELP in ASIC Connect).

3.    Approval

3.1.   Under paragraph 352(1)(b) of the Corporations Act, ASIC approves electronic lodgement through the Online Services of documents in the classes described in Schedule A.

3.2.   A Document given to ASIC by you under this approval is taken to be lodged with ASIC if it is lodged by you in accordance with the terms of this approval, including, without limitation, the term in paragraph 6.1, about payment of lodgement fees. 

4.    Access to the Online Services

4.1.   You may lodge a Document with us electronically using our Online Services.

4.2.   To lodge a Document under this approval using the Online Services you must supply your own compatible hardware, software and internet connection.  

4.3.   To use the ASIC Connect Online Service you must have or obtain a current ASIC Connect account.  To obtain an account you must provide us with requested information and agree to notify ASIC of any changes to the information provided.

4.4.   You may request ASIC to link an Australian Financial Services Licence to your ASIC Connect account to enable lodgement of Documents under this approval.  You must provide ASIC with the ASIC Key for the relevant AFSL when you make the request.

4.5.   ASIC may, in its complete discretion, decline to accede to a request made under paragraph 4.4 of this approval.

4.6.   You must provide a valid email address to ASIC when submitting a Document using the Online Services, and you must be able to be contacted by ASIC at that email address at all times, including after submission of Documents.

4.7.     You may notify us at any time that your valid email address has changed.

5.    Authorisation to submit Documents

5.1.   If you are submitting Documents for lodgement under this approval on behalf of another person or entity you must be duly authorised to submit Documents for that person or entity.

5.2.   You must ensure that any person using your ASIC Connect account is authorised to do so, and is aware of, and complies with, this approval.

6.    Fees

6.1     Documents submitted for lodgement under this approval must comply with all the requirements of the Corporations Legislation, including the payment of any fees associated with lodgement of Documents

7.    Security

7.1.     You must take all reasonable steps to protect and maintain the security of your access to the Online Services, including maintaining the security of all usernames, passwords, AUSkeys, ASIC Keys and any other information relating to access, authentication and security relating to your access to the Online Services.

7.2.     You must take all reasonable steps to prevent and detect both unlawful and unauthorised use of your access to the Online Services.

7.3.     You must take all reasonable steps to ensure that your access to and use of our Online Services (without limitation, including any transactions submitted to us) will not disrupt or adversely affect our Online Services, ASIC registers, or any of ASIC's other online services.

7.4.     You must immediately notify us if you know or suspect that access or authentication security information has been compromised or any other kind of unlawful or unauthorised use or security breach has occurred, or if you detect a fault, error or problem in your access to our Online Services.

8.    Other information – operation of the Online Services

8.1.   ASIC Connect permits you to save information related to a transaction in your ASIC Connect account, for submission at a later time.  ASIC saves this information for a period of 90 days after it was first saved by you, after which it may be deleted by ASIC.

8.2.   ASIC will not be liable to you or any other person for the loss of any saved information, however arising.

9.    Other information - Receipt of Transactions

9.1.   ASIC will send, to the email address notified to ASIC under paragraph 4.6 or 4.7 of this approval, a summary stating a transaction number and the date and time of receipt by ASIC, for each Document submitted via the Online Services under this approval.

9.2.   Submitted Documents will not be taken to be received by ASIC until the summary mentioned in paragraph 9.1 is issued to you.

10.   Other information - Privacy

10.1. Information provided to us through the Online Services may include personal information. Please refer to our Privacy Policy for information about how we handle your personal information, your rights to seek access to and correct personal information, and to complain about breaches of your privacy by ASIC. 

11. Disclaimer and Liability

11.1. The Online Services may not be accessible from time to time.  ASIC will endeavor to, but may not in every instance, provide notice on its website, of the availability of, or interruptions to, the Online Services.  

11.2. The speed and characteristics of the Online Services will vary at times and under varied circumstances, and may not always function as described, and may be subject to faults, interruption or breakdown or be fully or partially unavailable.

11.3. ASIC will not be liable to you or any other person for any loss, damage, costs or expenses of any kind arising out of or in connection with any delay, omission, default, negligence or error by us in relation to the availability, functionality or performance of the transmission, receipt, authentication or lodgement or any other dealing with our Online Services including any software developed by third parties for that purpose.

11.4. ASIC will endeavour to provide reasonable notice of any changes to the functionality and, or other characteristics of the Online Services, however, it may not be reasonably possible to provide notice in all circumstances.  

12.  Termination, Suspension and Cancellation

12.1. ASIC  may terminate your ASIC Connect account at any time with or without notice if ASIC:

(a)      reasonably believes you have breached any of the terms of this approval, or

(b)      reasonably believes you have given ASIC incomplete, inaccurate, false or misleading information; or

(c)      considers that your ASIC Connect account has become inactive.

12.2. ASIC may suspend your ASIC Connect account at any time with or without notice for a period of time determined by us.

12.3. You may cancel your ASIC Connect account at any time by requesting ASIC to do so, in writing. 

 

Signed by Rosanne Bell

As a delegate of the Australian Securities and Investments Commission

Definitions

Term

Meaning

AFSL or Australian Financial Services Licence

Has the meaning given by s761A of the Corporations Act

ASIC

Australian Securities and Investments Commission

ASIC Key

A unique key issued by ASIC to an AFS Licensee or Authorised Representative.  See www.asic.gov.au for further information about ASIC Keys

ASIC Connect

An online service available at www.asic.gov.au that members of the public may use to search ASIC registers and make lodgements required under the legislation administered by ASIC. 

ASIC Smart Form

A Document  given to an ASIC customer by ASIC in electronic form

AUSkey

A key issued by the Registrar of the Australian Business Register that a business may use  to access participating government online services

Authorised Representative

Has the meaning given by s761A of the Corporations Act

Document

A document in the classes of documents described in Schedule A

Corporations Legislation

Corporations Act 2001, Corporations Regulations 2001, Corporations (Fees) Act 2001, Corporations (Fees) Regulations 2001

Register of Authorised Representatives

The register established and maintained by ASIC under Regulation 7.6.05 of the Corporations Regulations 2001

Online Services

ASIC Connect or email transmission to ASIC of an ASIC Smart Form

Corporations Act

Corporations Act 2001

you or your

An individual using the Online Services to lodge Documents under this approval.

 

Schedule A –Classes of Documents

Class of Documents

Description

Corporations Act provisions

Notification of authorisation of a relevant provider  

Notification about a person who becomes a relevant provider

 

Division 9 of Part 7.6 of the Corporations Act

Notification when a change in matter for a relevant provider

 

Notification about a change in a matter, particulars of which are entered for a relevant provider in ASIC's register

Division 9 of Part 7.6 of the Corporations Act

Notification about controller

Notification of controller

Division 9 of Part 7.6 of the Corporations Act

Notification when there is a change of controller

Notification about a change of controller

Division 9 of Part 7.6 of the Corporations Act

Notification of an authorised representative

Notification about a person who becomes an authorised representative

Division 5 of Part 7.6 of the Corporations Act

Notification of a change in authorisation

Notification about a change in detail relating to an authorised representative

Division 5 of Part 7.6 of the Corporations Act

What is an ASIC key?

Your ASIC key is a unique number used in ASIC Connect that helps us establish your identity and protects your business information by making sure only you and those you have authorised can access it.

Learn more about ASIC keys

What is an AUSkey?

AUSkey is a single key to access government online services. In the future, you may no longer need different user IDs and passwords as AUSkey becomes accepted by more government agencies for their online services.

Learn more about AUSkeys

What is a corporate key?

A corporate key is an 8-digit number uniquely associated with a company’s ACN. Your company needs only one corporate key.

Learn more about corporate keys

What is an invitation key?

An invitation key is a unique key to register for, or connect to an entity in, the ASIC Regulatory Portal.

Learn more about invitation keys 

What is an industry funding security key?

Your industry funding security key is a unique number used to launch an online transaction in the ASIC Regulatory Portal that will enable us to calculate your final industry funding invoice. You will be prompted to submit business activity metric information on the operation of your business in the previous financial year.

Learn more about industry funding security keys

Last updated: 18/07/2017 05:23