Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 8A.5.10

Prescribed details for the Register of Passport Funds

Prescribed details of Australian passport funds

             (1)  For the purposes of paragraph 1214(3)(a) of the Act, the following details are prescribed for each Australian passport fund:

                     (a)  the APFRN for the fund;

                     (b)  the name of the fund;

                     (c)  the ARSN of the registered scheme that constitutes the fund;

                     (d)  a statement that the fund is registered as an Australian passport fund;

                     (e)  the date on which the fund was registered as an Australian passport fund;

                      (f)  if the fund has or had a name in a participating economy (including Australia) that is different from its current name in Australia, then for each name that the fund has or had in a participating economy:

                              (i)  that name; and

                             (ii)  the name of each participating economy in which the fund has or had that name; and

                            (iii)  for each such economy--the start date and (if applicable) the end date of each period during which the fund has or had that name in that economy;

                     (g)  the name, ACN and ABN (if any) of the operator of the fund;

                     (h)  if the fund has at any time had an operator with a name, ACN or ABN that is different from the name, ACN or ABN (as the case requires) mentioned in paragraph (g):

                              (i)  that other name, ACN or ABN; and

                             (ii)  the start date and the end date of each period during which an operator of the fund has had that other name, ACN or ABN;

                      (i)  the review date for the fund;

                      (j)  for each financial year for the fund--the name of each auditor of a financial report for the fund for that year;

                     (k)  for each review period for the fund for which the fund is required under section 15 of the Passport Rules for this jurisdiction to conduct an implementation review--the name of the implementation reviewer.

             (2)  For the purposes of paragraph 1214(3)(b) of the Act, the following details are prescribed for each fund that has been deregistered as an Australian passport fund:

                     (a)  the details that were prescribed for the fund under subregulation (1) immediately before the fund was deregistered, except for the details that were prescribed under paragraph (1)(d);

                     (b)  a statement that the fund has been deregistered;

                     (c)  the date on which the fund was deregistered;

                     (d)  a statement indicating which of the following the fund was deregistered under:

                              (i)  Division 2 of Part 5C.10 of the Act (deregistration as an Australian passport fund as a result of deregistration as a registration scheme);

                             (ii)  Subdivision A of Division 1 of Part 8A.7 of the Act (voluntary deregistration);

                            (iii)  Subdivision B of Division 1 of Part 8A.7 of the Act (deregistration initiated by ASIC).

Prescribed details of notified foreign passport funds

             (3)  For the purposes of paragraph 1214(3)(a) of the Act, the following details are prescribed for each notified foreign passport fund:

                     (a)  the NFPFRN for the fund and any other unique number for the fund allocated to the fund by ASIC;

                     (b)  the name of the fund;

                     (c)  a statement that the fund is a notified foreign passport fund;

                     (d)  the name of the home economy for the fund;

                     (e)  the date on which the fund became a notified foreign passport fund;

                      (f)  if the fund has or had a name in a participating economy (including Australia) that is different from its current name in Australia, then for each name that the fund has or had in a participating economy:

                              (i)  that name; and

                             (ii)  the name of each participating economy in which the fund has or had that name; and

                            (iii)  for each such economy--the start date and (if applicable) the end date of each period during which the fund has or had that name in that economy;

                     (g)  the name and ARBN of the operator of the fund;

                     (h)  if the fund has at any time had an operator with a name or ARBN that is different from the name or ARBN (as the case requires) mentioned in paragraph (g):

                              (i)  that other name or ARBN; and

                             (ii)  the start date and the end date of each period during which an operator of the fund has had that other name or ARBN;

                      (i)  the review date for the fund;

                      (j)  for each financial year for the fund--the name of each auditor of a report for the fund for that year that is prepared in accordance with the financial reporting requirements applying to the fund under the Passport Rules for the home economy of the fund;

                     (k)  for each review period for the fund for which the fund is required under section 15 of the Passport Rules for this jurisdiction to conduct an implementation review--the name of the implementation reviewer.

             (4)  For the purposes of paragraph 1214(3)(b) of the Act, the following details are prescribed for each fund that has been removed as a notified foreign passport fund:

                     (a)  the details that were prescribed for the fund under subregulation (3) immediately before the fund was removed, except for the details that were prescribed under paragraph (3)(c);

                     (b)  a statement that the fund has been removed;

                     (c)  the date on which the fund was removed;

                     (d)  a statement indicating which of the following the fund was removed under:

                              (i)  Subdivision A of Division 2 of Part 8A.7 of the Act (voluntarily denotification);

                             (ii)  Subdivision B of Division 2 of Part 8A.7 of the Act (denotification as a result of deregistration as a passport fund in the home economy for the fund).

Definitions

             (5)  In this regulation:

"implementation reviewer" , for a passport fund, has the same meaning as in the Passport Rules for this jurisdiction.

"participating economy" has the same meaning as in Chapter 8A of the Act.

"review period" , for a passport fund, has the meaning given by subsection 15(1) of the Passport Rules for this jurisdiction.

   



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