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CORPORATIONS ACT 2001 - SECT 1213G

Offences relating to the operation of notified foreign passport funds

             (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.

             (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.

             (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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