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

9   Section 110C

Repeal the section, substitute:

110C Documents to which this Division applies

Sending documents

(1) This Division applies to any document covered by subsection (3) or (4) that is required or permitted under this Act to be sent by a person or entity (the sender ) to another person or entity (the recipient ).

(2) A reference in subsection (1) to an entity includes a reference to a disclosing entity.

Covered documents

(3) This subsection covers a document that is required or permitted be sent by the sender to the recipient under:

(a) this Chapter; or

(b) Chapters 2A to 2M; or

(c) Chapters 5 to 5D; or

(d) Chapter 6, 6A, 6B or 6C; or

(e) Chapter 8A or 8B; or

(f) Chapter 9; or

(g) Schedule 2; or

(h) any other provision of this Act, to the extent that it relates to the provisions mentioned in paragraphs (a) to (g).

(4) This subsection covers a document that is in a class of documents specified in regulations made for the purposes of this subsection.

(5) However, this Division does not apply to a document that is required or permitted under this Act to be sent by or to ASIC, the Registrar or the Takeovers Panel.

References to sending documents

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

(7) To avoid doubt, for the purposes of this Division, a document is not a document that is required or permitted under this Act to be sent merely because section 109X, 601CX or 1200R provides that the document may be served in a particular way.