Corporations Act 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.2AA - SIGNING AND SENDING DOCUMENTS  

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

SECTION 110J   AD HOC REQUESTS TO BE SENT DOCUMENTS IN A PARTICULAR FORM  

110J(1)    
This section applies if:

(a)    the recipient is covered by subsection (3) ; and

(b)    

the recipient requests (whether or not in writing) the sender to send a particular document to which this Division applies to the recipient in physical form, or in electronic form; and

(c)    either:

(i) the sender is required or permitted under this Act to send the document to the recipient by a particular time; or

(ii) if subparagraph (i) does not apply - the sender has sent the document to the recipient in a manner that would not comply with the request; and

(d)    the request is made:

(i) if subparagraph (c)(i) applies - within a reasonable time before the particular time mentioned in that subparagraph; or

(ii) if subparagraph (c)(ii) applies - within a reasonable time after the sender sends the document as mentioned in that subparagraph; and

(e)    at the time the request is made:

(i) the sender has not yet sent the document to the recipient in a manner that would comply with the request; and

(ii) no determination is in force under section 1345 allowing the document to be sent by the sender in a manner that would not comply with the request (see subsections 1345(2) and (3A) ).

110J(2)    
The sender must take reasonable steps to send the document to the recipient in a manner that complies with the request by the later of the following:

(a)    3 business days after the day on which the sender received the request;

(b)    if the sender is required or permitted under this Act to send the document by a particular time - that time.

Note: A determination under section 1345 may extend the time within which a document is required to be sent by the sender to the recipient.

110J(3)    
The recipient is covered by this subsection if:

(a)    where the sender is a company - the recipient is a member of the company; or

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

(ba)    

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

(c)    where the sender is a disclosing entity mentioned in subsection 111AC(1) - the recipient is a member of the disclosing entity; 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; or

(g)    

the recipient is of a kind specified in regulations made for the purposes of this paragraph.

110J(4)    
For the purposes of subparagraph (1)(e)(i) and subsection (2) , a physical form of the document is taken to have been sent to the recipient:

(a)    when the document is posted; or

(b)    if the document is sent by courier - when the document is given to the courier.

110J(5)    
An offence based on subsection (2) is an offence of strict liability.

110J(6)    
For the purposes of this section, the following manners of sending the document comply with the request:

(a)    for a request to be sent the document in physical form - the manner mentioned in paragraph 110D(1)(a) ;

(b)    for a request to be sent the document in electronic form - a manner mentioned in paragraph 110D(1)(c) or (d) .