Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 1213K

Right to a copy of the register of members of a fund

  (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 register of members for the fund; and

  (b)   the person is:

  (i)   in this jurisdiction; or

  (ii)   an Australian member of the fund; or

  (iii)   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 register; and

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

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

Penalty:   60 penalty units.

Application for a copy of the register

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

  (a)   the application is in writing; and

  (b)   the application states each purpose for which the applicant wishes to obtain a copy of the register; and

  (c)   none of those purposes is a prescribed purpose.

Manner in which register must be provided

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

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

  (5)   ASIC may allow a longer period for the operator to give the applicant a copy of the register.

Language in which register must be provided

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

  (7)   Otherwise, the copy of the register given to the applicant must be in English.

Geographical jurisdiction

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