Corporations Act 2001

CHAPTER 8A - ASIA REGION FUNDS PASSPORT  

PART 8A.4 - NOTIFIED FOREIGN PASSPORT FUNDS  

Division 4 - Providing key information in relation to notified foreign passport funds  

Subdivision A - Obligations to provide information to members in this jurisdiction  

SECTION 1213J   CONSTITUTION - RIGHT TO OBTAIN A COPY  

Right to a copy of the consolidated constitution

1213J(1)    
The operator of a notified foreign passport fund commits an offence of strict liability if:

(a) a person makes an application to the operator in accordance with subsection (2) for a copy of the consolidated constitution of the fund; and

(b) the person is:

(i) an Australian member of the fund; or

(ii) a former member of the fund who acquired an interest in the fund in this jurisdiction, or is ordinarily resident in this jurisdiction; and

(c) the person pays the reasonable costs of the operator, up to a prescribed amount, in providing a copy of the consolidated constitution; and

(d) the operator fails, or refuses, to give the person a copy of the consolidated constitution in accordance with this section; and

(e) as a result, the person does not obtain a copy of the consolidated constitution of the fund in accordance with this section.

Penalty: 60 penalty units.

Application for a copy of the consolidated constitution

1213J(2)    
An application to the operator of a notified foreign passport fund is in accordance with this subsection if the application is in writing.

Manner in which the consolidated constitution must be provided

1213J(3)    
If, in the application, the applicant requests a paper copy of the consolidated constitution, the operator must post the applicant a copy of the consolidated constitution within 7 days after the application is made.

1213J(4)    
Otherwise, the operator must give the applicant a copy of the consolidated constitution electronically, within 7 days after the application is made.

1213J(5)    
ASIC may allow a longer period for the operator to give the applicant a copy of the consolidated constitution.

Language in which consolidated constitution must be provided

1213J(6)    
If, in the application, the applicant requests that the copy of the consolidated constitution be in an official language of the home economy of the fund (other than English), the copy of the consolidated constitution given to the applicant must be in that language.

1213J(7)    
Otherwise, the copy of the consolidated constitution given to the applicant must be in English.

Geographical jurisdiction

1213J(8)    
Section 15.1 of the Criminal Code (extended geographical jurisdiction - category A) applies to an offence against subsection (1) .