Corporations Amendment (Insolvency) Act 2007 (132 of 2007)

Schedule 1   Improving outcomes for creditors

Part 3   Streamlining external administration

Corporations Act 2001

120   At the end of Division 3 of Part 5.9

Add:

600G Electronic methods of giving or sending certain notices etc.

(1) This section applies if a person (the notifier ) is authorised or required to give or send a notice, or other document, to a person (the recipient ) under any of the following provisions:

(a) paragraph 436E(3)(a);

(b) paragraph 439A(3)(a);

(c) subsection 439A(4);

(d) subsection 445F(2);

(e) paragraph 449C(5)(a);

(f) subsection 450A(3);

(g) paragraph 450B(a);

(h) paragraph 450C(b);

(i) paragraph 450D(b);

(j) subsection 473(4);

(k) subsection 496(2);

(l) paragraph 497(2)(a);

(m) subsection 508(4);

(n) subsection 539(5);

(o) subsection 550(3);

(p) paragraph 568A(1)(b);

(q) subsection 574(2);

(r) subsection 574(3);

(s) subsection 579J(1);

(t) subsection 579J(2);

(u) subsection 579K(1);

(v) subsection 579K(2);

(w) subsection 579K(3);

(x) subsection 579K(4).

(2) If the recipient nominates a fax number, or electronic address, by which the recipient may be notified of such notices or documents, the notifier may give or send the notice or document to the recipient by sending it to that fax number or electronic address.

(3) If the recipient nominates any other electronic means by which the recipient may be notified of such notices or documents, the notifier may give or send the notice or document to the recipient by using that electronic means.

(4) If the recipient nominates:

(a) an electronic means (the nominated notification means ) by which the recipient may be notified that such notices or documents are available; and

(b) an electronic means (the nominated access means ) the recipient may use to access such notices or documents;

the notifier may give or send the document to the recipient by notifying the recipient (using the nominated notification means):

(c) that the notice or document is available; and

(d) how the recipient may use the nominated access means to access the notice or document.

(5) A notice or document sent to a fax number or electronic address, or by other electronic means, is taken to be given or sent on the business day after it is sent.

(6) A notice or document given or sent under subsection (4) is taken to be given or sent on the business day after the day on which the recipient is notified that the notice or document is available.

(7) Subsections (2), (3) and (4) do not limit the provisions mentioned in subsection (1).