CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 9 - MISCELLANEOUS
PART 9.3 - BOOKS
SECTION 1301
LOCATION OF BOOKS ON COMPUTERS
1301(1)
(Matters stored otherwise than in writing)
This section applies if:
(a)
a corporation records, otherwise than in writing, matters (
``the stored matters''
) this Law requires to be contained in a book; and
(b)
the record of the stored matters is kept at a place (
``the place of
storage''
) other than the place (
``the place of inspection''
) where the book is, apart from this section, required to be kept; and
(c)
at the place of inspection means are provided by which the stored matters are made available for inspection in written form; and
(d)
the corporation has lodged a notice:
(i) stating that this section is to apply in respect of:
(A) except where sub-subparagraph (B) applies - the book; or
(B) if the stored matters are only some of the information that is required to be contained in the book - the book and matters that are of the same kind as the stored matters; and
(ii) specifying the situation of the place of storage and the place of inspection.
History
S 1301(1) amended by No 44 of 1999, Sch 3, Pt 2 (effective 1 July 1999).
S 1301(1) amended by No 104 of 1994, Sch 3 (effective 1 January 1995).
S 1301(1) substituted by No 210 of 1992, s 171 (effective 23 June 1993).
[
CCH Note:
see s 1388.]
1301(2)
[Deemed compliance with Law]
Subject to subsection (4), the corporation is taken to have complied with the requirements of this Law as to the location of the book, but only in so far as the book is required to contain the stored matters.
History
S 1301(2) amended by No 44 of 1999, Sch 3, Pt 2 (effective 1 July 1999).
S 1301(2) amended by No 104 of 1994, Sch 3 (effective 1 January 1995).
S 1301(2) substituted by No 210 of 1992, s 171 (effective 23 June 1993).
1301(3)
[Place of inspection]
Subject to subsection (4), for the purposes of the application of subsection 1085(3) and section 1300 in relation to the corporation and the book, the book is taken to be kept at the place of inspection, even though the record of the stored matters is kept at the place of storage.
History
S 1301(3) amended by No 44 of 1999, Sch 3, Pt 2 (effective 1 July 1999).
S 1301(3) amended by No 104 of 1994, Sch 3 (effective 1 January 1995).
S 1301(3) substituted by No 210 of 1992, s 171 (effective 23 June 1993).
1301(4)
[Failure to lodge notice of change of location]
If:
(a)
the situation of the place of storage or the place of inspection changes; and
(b)
the corporation does not lodge notice of the change within 14 days after the change;
this section, as it applies to the corporation because of the lodging of the notice referred to in paragraph (1)(d), ceases to so apply at the end of that period of 14 days.
History
S 1301(4) amended by No 44 of 1999, Sch 3, Pt 2 (effective 1 July 1999).
S 1301(4) amended by No 104 of 1994, Sch 3 (effective 1 January 1995).
S 1301(4) substituted by No 210 of 1992, s 171 (effective 23 June 1993).
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