Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 1213G

  (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.