Corporations Act 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.2AA - SIGNING AND SENDING DOCUMENTS  

Division 2 - Technology neutral sending of documents, and related matters  

SECTION 110D   TECHNOLOGY NEUTRAL SENDING OF DOCUMENTS  

110D(1)    
The document may be sent to the recipient:

(a)    by sending the document in a physical form; or

(b)    if subsection (2) is satisfied - by sending the recipient sufficient information in physical form to allow the recipient to access the document electronically; or

(c)    if subsection (2) is satisfied - by sending the document in electronic form by means of an electronic communication; or

(d)    if subsection (2) is satisfied - by sending the recipient sufficient information in electronic form, by means of an electronic communication, to allow the recipient to access the document electronically; or

(e)    if subsection (2) is satisfied and the document is covered by subsection (3) - by making the document readily available in electronic form on a website.

Note: A requirement for the sender to send a document to which this Division applies is met if the document is sent in accordance with this section and in accordance with any timing requirements under this Act.

110D(2)    
This subsection is satisfied if, at the time the document is sent, it is reasonable to expect that the document would be readily accessible so as to be useable for subsequent reference.

Documents that may be sent by publication on a website

110D(3)    
This subsection covers a document that:

(a)    

is a report mentioned in section 314 or 314A (which deal with annual financial reporting to members); or

(b)    is in a class of documents specified in regulations made for the purpose of this paragraph.

Other ways of sending documents not limited

110D(4)    
Subsection (1) does not limit the ways in which a person may send a document.

Note: For example, a company ' s constitution may set out other ways in which a document may be sent.

Address for sending document

110D(5)    

Paragraphs (1)(a) and (b) apply only if:

(a)    where the recipient is covered by subsection (7) - the sending of the document mentioned in paragraph (1)(a) , or the sending of the information mentioned in paragraph (1)(b) , is to an address known to the sender because the recipient is a member or holder of securities mentioned in whichever of paragraphs (7)(a) to (f) applies; or

(b)    the recipient is not covered by subsection (7) .

110D(6)    

Paragraphs (1)(c) and (d) apply only if:

(a)    where the recipient is covered by subsection (7) :

(i) the sending of the document mentioned in paragraph (1)(c) , or the sending of the information mentioned in paragraph (1)(d) , is to an address known to the sender because the recipient is a member or holder of securities mentioned in whichever of paragraphs (7)(a) to (f) applies; and

(ii) that address is a nominated electronic address of the recipient; or

(b)    where the recipient is not covered by subsection (7) - the sending of the document mentioned in paragraph (1)(c) , or the sending of the information mentioned in paragraph (1)(d) , is to a nominated electronic address of the recipient.

110D(7)    

For the purposes of subsections (5) and (6) , this subsection covers the recipient if:

(a)    the recipient is a member of the sender; or

(b)    where the sender is the responsible entity of a registered scheme - the recipient is a member of the scheme; or

(c)    where the sender is the corporate director of a CCIV - the recipient is a member of the CCIV; or

(d)    where the sender is a disclosing entity mentioned in subsection 111AC(2) - the recipient is a member of the managed investment scheme mentioned in that subsection; or

(e)    where the sender is the operator of a notified foreign passport fund - the recipient is an Australian member of the fund; or

(f)    where the sender is the bidder under a takeover bid - the recipient is a holder of securities in the target for the bid.