Section 1213H — Corporations Act 2001 (Cth)

The operator of a notified foreign passport fund commits an offence if the operator or the fund:

(a) makes an offer of debentures in this jurisdiction that needs disclosure to investors under Chapter 6D, or does not need disclosure to investors under Chapter 6D because of subsection 708(14) (disclosure document exclusion for debenture roll overs) or section 708A (sale offers that do not need disclosure); or

(b) makes an offer of debentures in this jurisdiction or elsewhere as consideration for the acquisition of securities under an off‑market takeover bid.

Penalty: 60 penalty units.

Note: For rules about when an offer of debentures will need disclosure to investors under Chapter 6D, see sections 706, 707, 708, 708AA and 708A.

Related sections

• 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 1213G — Offences relating to the operation of notified foreign passport funds
• s 1213J — Constitution—right to obtain a copy
• s 1213K — Register of members—right to obtain a copy
• s 1213L — Use of information on register of members

Research how courts apply s 1213H

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