Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023 (69 of 2023)

Schedule 1   Modernising business communications

Part 1   Documents and meetings under the Corporations Act 2001

Corporations Act 2001

56   At the end of Chapter 6A

Add:

Part 6A.7 - Miscellaneous

669A Sending documents

(1) This section applies to any document that is required or permitted to be sent to a person (the recipient ) under this Chapter.

Note 1: Division 2 of Part 1.2AA provides for technology neutral sending of documents.

Note 2: Section 109X makes general provision for service of documents.

(2) Without limiting the manner in which the document may be sent, the document may be sent to the recipient by giving it to the recipient personally.

(3) For the purposes of this Chapter, the document is taken to have been sent to the recipient:

(a) if the document is sent in a physical form in accordance with paragraph 110D(1)(a):

(i) 3 days after the document is posted; or

(ii) if the document is sent by courier - 3 days after the document is given to the courier; or

(b) if the document is sent by sending information in accordance with paragraph 110D(1)(b) (sending information in physical form that allows electronic access):

(i) 3 days after the information is posted; or

(ii) if the information is sent by courier - 3 days after the information is given to the courier; or

(c) if the document is sent by sending an electronic communication in accordance with paragraph 110D(1)(c) - when the electronic communication is sent; or

(d) if the document is sent by sending an electronic communication in accordance with paragraph 110D(1)(d) (sending information in electronic form allowing electronic access) - when the electronic communication is sent.

(4) This section does not apply to a document that is required or permitted to be sent by or to ASIC under this Chapter.

(5) This section applies to a requirement or permission to send a document, whether the expression send , give , serve or dispatch , or any other expression, is used.