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Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002)

Introductory Provisions

1A. Relationship between Act and Financial Sector Regulation Act

 

(1) A reference in this Act to the Board or the registrar must be read as a reference to the Authority.

 

(2) Except as otherwise provided by this Act or the Financial Sector Regulation Act, the powers and duties of the Authority in terms of this Act are in addition to the powers and duties that it has in terms of the Financial Sector Regulation Act.

 

(3) A reference in this Act to the Authority determining or publishing a matter by notice in the Gazette must be  read as including a reference to the Authority determining or publishing the matter by notice published in the Register.

 

(4) Unless expressly provided otherwise in this Act, or this Act requires a matter to be prescribed, a reference in this Act to a matter being—
(a) prescribed must be read as a reference to the matter being prescribed in a prudential standard, a conduct standard or a joint standard; or
(b) determined must be read as a reference to the Authority determining the matter in writing and registering the determination in the Register.

[Section 1A(4) inserted by section 290, item 2 in Schedule 4, of Act No. 9 of 2017 - has not yet commenced (paragraph (h) of Notice 169 of 2018)]

 

(5) A reference in this Act to an on-site visit in terms of a provision of this Act must be read as a reference to a supervisory on-site inspection in terms of the Financial Sector Regulation Act.

 

(6) A reference in this Act to an inspection in terms of a provision of this Act must be read as a reference to an investigation in terms of the Financial Sector Regulation Act.

 

(7)

(a) A reference in this Act to the Authority announcing or publishing information or a document on a web site must be read as a reference to the Authority publishing the information or document in the Register.
(b) The Authority may also publish the information or document on its web site.

 

(8) A reference in this Act to a determined or prescribed fee must be read as a reference to the relevant fee determined in terms of section 237 and Chapter 16 of the Financial Sector Regulation Act.

[Section 1A(8) inserted by section 290, item 2 in Schedule 4, of Act No. 9 of 2017 - has not yet commenced (paragraph (h) of Notice 169 of 2018)]

 

(9) A reference in this Act to an appeal of a decision of the Authority must be read as a reference to a  reconsideration of the decision by the Tribunal in terms of the Financial Sector Regulation Act.

 

[Section 1A inserted by section 290, item 2 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]