Document ID: chunk:federal_register_of_legislation:C2018A00061:clause:2_310
Version: federal_register_of_legislation:C2018A00061
Segment Type: clause
Provision Reference: sch 2 cl 310
Character Range: 156301–157902

310  At the end of section 1317DAA
Add:
 (3) For the purposes of applying this Part to a disclosing entity that is an undertaking to which interests in a notified foreign passport fund relate:
 (a) references to the disclosing entity are taken to be references to the operator of the fund; and
 (b) references to a financial report for a financial year being lodged by a disclosing entity are taken to be references to a copy of a report for the fund for the financial year, prepared in accordance with the financial reporting requirements applying to the fund under the Passport Rules for the home economy for the fund, being lodged by the operator of the fund; and
 (c) references to securities of a disclosing entity are taken to be references to interests in the fund; and
 (d) references to a disclosing entity being convicted of an offence based on subsection 674(2) or 675(2) are taken to be references to the operator of the fund being convicted of such an offence in relation to the fund; and
 (e) references to a civil penalty order under Part 9.4B being made against a disclosing entity in relation to a contravention of subsection 674(2) or 675(2) are taken to be references to such an order being made against the operator of the fund in relation to the fund; and
 (f) references to a disclosing entity having breached an enforceable undertaking given to ASIC under section 93AA or 93B of the ASIC Act in relation to the requirements of subsection 674(2) or 675(2) are taken to be references to the operator of the fund having breached such an undertaking given in relation to the fund.