Document ID: chunk:federal_register_of_legislation:C2018A00061:clause:1_1213g
Version: federal_register_of_legislation:C2018A00061
Segment Type: clause
Provision Reference: sch 1 cl 1213G
Character Range: 23068–24536

1213G  Offences relating to the operation of notified foreign passport funds
 (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.

Division 3—Conduct of notified foreign passport funds in this jurisdiction