Corporations Amendment Regulations 2007 (No. 13) (325 of 2007)

Schedule 1   Amendments

[10]   After regulation 5.6.11

insert

5.6.11A Electronic methods of giving or sending certain notices etc

(1) This regulation 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) subregulation 5.6.12 (1);

(b) subregulation 5.6.16 (6);

(c) paragraph 5.6.48 (2) (b);

(d) subregulation 5.6.53 (1);

(e) subregulation 5.6.54 (1);

(f) subregulation 5.6.55 (3);

(g) subregulation 5.6.59 (1);

(h) subregulation 5.6.62 (1);

(i) paragraph 5.6.65 (1) (b);

(j) paragraph 5.6.66 (1) (d);

(k) paragraph 5.6.66 (3) (a).

(2) If the recipient nominates an electronic address by which the recipient may be notified of the notice or document, the notifier may give or send the notice or document to the recipient by sending it to that 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 an 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) Subregulations (2), (3) and (4) do not limit the provisions mentioned in subsection (1).