Corporations Amendment Regulations 2007 (No. 9) (227 of 2007)

Schedule 1   Amendments

[7]   Subregulation 12.8.06 (4)

substitute

(4) Section 173 of the Act is modified in relation to the body corporate by inserting after subsection 173 (3):

(3A) However, a body corporate mentioned in regulation 12.8.02 of the Corporations Regulations may, before giving a person a copy of the part of the register for members of the body corporate who hold member shares, require the person to agree in writing with the body that the person will only:

(a) give the original copy, or a copy of that original, to a person who is, or to persons who are, specified in the agreement; or

(b) use information obtained from that part of the register for a purpose that is, or purposes that are, specified in the agreement.

(3B) Also, the body corporate mentioned in regulation 12.8.02 of the Corporations Regulations may refuse to give a person a copy of the part of the register for members of the body who hold member shares if the body is not satisfied that:

(a) the person is a member of the body who intends to call a meeting of members, or of particular members, of the body; or

(b) the person proposes to use information obtained from that part of the register for a purpose that is approved in writing by ASIC:

(i) on its own initiative; or

(ii) on the written application of the person or of another person; or

(c) giving the person the copy is in the interests of the members as a whole.

Note If a body corporate has failed to give a person a copy of the part of the register for members of the body who hold member shares, the body corporate must, in certain circumstances, arrange for the members to be contacted, or for material to be sent to the members, on the person's behalf - see regulation 2C.3.01 of the Corporation Regulations.