Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1213b:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1213B (pt 2/2)
Character Range: 4927502–4929320

or registered under this Act for another body; or
 (ii) identical (under rules set out in the regulations) to a name of a managed investment scheme that is the subject of an application for registration that has been lodged under section 601EA but not yet determined; or
 (iii) identical (under rules set out in the regulations) to a name of a foreign passport fund in relation to which a notice of intention under section 1213 has already been lodged; or
 (iv) identical (under rules set out in the regulations) to a name that is held or registered on the Business Names Register in respect of another individual or body who is not the operator; or
 (v) unacceptable for registration under the regulations; and
 (b) the operator of the fund has not notified ASIC and the home regulator for the fund in writing that it will adopt an available alternative name for the fund in this jurisdiction.
 (6) The Minister may consent in writing to a name being available to a foreign passport fund in this jurisdiction even if the name would not otherwise be available because of paragraph (5)(a).
 (7) The Minister's consent may be given subject to conditions.

Circumstances in which ASIC must reject a notice of intention
 (8) ASIC must, within the consideration period for the notice of intention, reject the notice if:
 (a) the Minister has made a determination under subsection 1210B(1) that the operators of passport funds, or a class of passport funds, the home economy for which is specified in the determination, must not offer interests in the fund in this jurisdiction; and
 (b) the determination applies to the passport fund.

ASIC must notify operator of decision to reject
 (9) The notice of intention is rejected by ASIC giving the operator of the foreign passport fund notification in writing of the rejection.