The scope of the connecting phrase 'conduct ... that relates to the provision of a financial service' in s 917A of the Corporations Act 2001 (Cth) remains an open question. A claim that an authorised representative's pre-contractual representations and failures to find investors constituted conduct relating to the provision of a financial service is at least reasonably arguable and cannot be summarily dismissed. The question whether s 917A requires a direct or substantial connection, or whether an indirect connection suffices (as accepted for s 1041H in ASIC v Narain), is unresolved and awaits trial and appellate determination.
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