Corporations Act 2001

CHAPTER 8A - ASIA REGION FUNDS PASSPORT  

PART 8A.3 - AUSTRALIAN PASSPORT FUNDS  

SECTION 1212   APPLICATION FOR REGISTRATION  

1212(1)    

A person may lodge an application with ASIC to have a scheme or sub-fund in an item in column 1 of the following table (a collective investment fund ) registered as a passport fund if the person is the entity mentioned in the corresponding item in column 2 of the table (the proposed operator of the fund).

Who may apply to be a passport fund
Item	Column 1 Collective investment fund	Column 2 Proposed operator
1	a managed investment scheme that is a registered scheme	the responsible entity of the scheme
2	a managed investment scheme in respect of which an application for registration under section 601EB has been made	the proposed responsible entity of the scheme
3	a sub-fund of a retail CCIV	the corporate director of the CCIV

1212(2)    
The application must:

(a)    be in the prescribed form; and

(b)    

include a copy of the Product Disclosure Statement that the proposed operator of the collective investment fund would be required to prepare if:

(i) the proposed operator were a regulated person required to give a Product Disclosure Statement to a retail client under subsection 1012B(3) ; and

(ii) the fund were registered as a passport fund.

1212(3)    

The applicant may withdraw the application by notice lodged in the prescribed form at any time before the fund is registered as a passport fund.

1212(4)    
ASIC may, by legislative instrument, determine that information that is lodged with ASIC under this section will not be available for inspection or copying from ASIC if it is of a kind specified in the determination.