Corporations Act 2001

CHAPTER 8A - ASIA REGION FUNDS PASSPORT  

PART 8A.4 - NOTIFIED FOREIGN PASSPORT FUNDS  

Division 4 - Providing key information in relation to notified foreign passport funds  

Subdivision B - Obligations to provide information to ASIC  

SECTION 1213P   REGISTER OF MEMBERS - ASIC MAY REQUIRE LODGMENT  

1213P(1)    
The operator of a notified foreign passport fund commits an offence of strict liability if:

(a) ASIC requires the operator of the fund to lodge a copy of the whole or a specified part of the register of members of the fund, in accordance with subsections (2) and (3) ; and

(b) the operator fails, or refuses, to lodge a copy of the register in accordance with this section.

Penalty: 60 penalty units.

Notice requiring operator to lodge register of members

1213P(2)    
ASIC may, by written notice given to the operator of a notified foreign passport fund, require the operator to lodge a copy of the whole or a specified part of the register of members of the fund.

1213P(3)    
ASIC may, in the notice, require the copy of the whole or the specified part of the register to be lodged in English.

Manner in which register must be lodged

1213P(4)    
The operator must lodge a copy of the register with ASIC electronically, within 7 days after being given notice to do so in accordance with subsections (2) and (3) .

1213P(5)    
ASIC may allow a longer period for the operator to lodge a copy of the register.

Language in which register must be provided

1213P(6)    
If, in the notice, ASIC requires a copy of the whole or a specified part of the register to be lodged in English, the operator must lodge the whole or that part of the register in English.

Geographical jurisdiction

1213P(7)    
Section 15.1 of the Criminal Code (extended geographical jurisdiction - category A) applies to an offence against subsection (1) .