Corporations Amendment (Asia Region Funds Passport) Act 2018 (61 of 2018)
Schedule 2 Amendments consequential on Chapter 8A
Corporations Act 2001
233 At the end of subsection 920A(1)
; or (i) the person is the operator of, or another person connected with, an Australian passport fund, and each of the following is satisfied:
(i) a host regulator for the fund has notified ASIC in writing that it is of the opinion that the person or the fund has not complied, is not complying or is not likely to comply with the law of that host economy to the extent that the law is administered by the host regulator for the fund (including the Passport Rules for the host economy for the fund);
(ii) ASIC is of the opinion that it should make the banning order, given the potential impact of the failure, or potential failure, to comply on members or potential members of the fund.