Section 1213G — Corporations Act 2001: 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.