Corporations Act 2001
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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