Section 1213G — Corporations Act 2001 (Cth)

(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.

Related sections

• s 1213D — Meaning of consideration period
• s 1213E — Notified foreign passport funds to be treated as managed investment schemes
• s 1213F — Operators and notified foreign passport funds not to be treated as companies etc.
• s 1213H — Notified foreign passport funds must not issue debentures in this jurisdiction
• s 1213J — Constitution—right to obtain a copy
• s 1213K — Register of members—right to obtain a copy

Research how courts apply s 1213G

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.