Corporations Act 2001

CHAPTER 8A - ASIA REGION FUNDS PASSPORT  

PART 8A.4 - NOTIFIED FOREIGN PASSPORT FUNDS  

Division 2 - Treatment of notified foreign passport funds  

SECTION 1213G   OFFENCES RELATING TO THE OPERATION OF NOTIFIED FOREIGN PASSPORT FUNDS  

1213G(1)  
This section applies if:


(a) one of the following persons engages in conduct that constitutes an alleged offence against this Act or the ASIC Act:


(i) a notified foreign passport fund;

(ii) the operator of a notified foreign passport fund;

(iii) a person with responsibilities in relation to a notified foreign passport fund; and


(b) the conduct occurs in relation to the operation of the fund; and


(c) the conduct occurs wholly in a foreign country; and


(d) the person who engages in the conduct is not:


(i) an Australian citizen; or

(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and


(e) it is not otherwise a physical element of the offence that the conduct results, or is likely to result, in a person in this jurisdiction who has an interest in the fund suffering financial or other disadvantage.

1213G(2)  
It is a physical element of the offence that the conduct results, or is likely to result, in a person in this jurisdiction who has an interest in the fund suffering financial or other disadvantage.

1213G(3)  
In this section:

person with responsibilities in relation to a notified foreign passport fund
means a person (other than a regulator) who has functions or duties in relation to the fund under the Passport Rules for this jurisdiction.


 

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