Document ID: chunk:federal_register_of_legislation:F2022C00868:reg:6:p2
Version: federal_register_of_legislation:F2022C00868
Segment Type: reg
Provision Reference: reg 6 (pt 2/2)
Character Range: 9518–10898

its operator in a court in the member's economy, that court will be a convenient forum to hear the proceedings, unless:
 (i)  a similar action has been commenced against the fund or its operator in another economy and it would be reasonable for the member to participate in that action; or
 (ii) the member and the fund or operator have agreed in writing that the court will not be a convenient forum in relation to that particular proceeding and the agreement is effected after the conduct that is or is to be subject to the proceedings has first occurred; and
 (c) have the effect that the passport fund, if it is a legal entity, and its operator agree that the convenient forum for the fund or its operator bringing an action against a member will be the member's economy unless the member and the fund or operator have agreed in writing that the court will not be a convenient forum in relation to the particular proceedings and the agreement is effected after the conduct that is or is to be subject to the proceedings has first occurred.
 (4) For this section, the member's economy in relation to the passport fund is:
 (a) the economy in which the member was located when they applied to be accepted as a member of a passport fund if that economy is a participating economy; or
 (b) in all other cases, the home economy for the fund.

Part 3—The operator of a passport fund