Corporations Act 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.2AA - SIGNING AND SENDING DOCUMENTS  

Division 1 - Technology neutral signing  

SECTION 110   WHEN THIS DIVISION APPLIES  

Signing of documents under this Act

110(1)    

This Division applies to a document (including a deed) required or permitted to be signed by a person under this Act.

Note 1: A document is any record of information: see the definition of document in section 2B of the Acts Interpretation Act 1901 .

Note 2: This Division provides that a person may sign a document in physical form or electronic form: see subsection 110A(1) .

Signing of documents by or on behalf of company

110(2)    

Without limiting subsection (1) , this Division applies to a document (including a deed) to be signed by a person:

(a)    

exercising the powers of a company under section 126 (making of contracts and execution of documents by an agent); or

(b)    under section 127 (execution of documents by a company).

110(3)    
(Repealed by No 69 of 2023, s 3, Sch 1[4] (effective 15 September 2023).)

Other ways of signing documents not limited

110(4)    
This Division does not limit the ways in which a person may sign a document (including a deed).

Note: For example, a company ' s constitution may set out ways in which a document (including a deed) may be executed or signed in addition to the ways a document (including a deed) may be executed in accordance with sections 126 and 127 or signed in accordance with this Division.

SECTION 110A   TECHNOLOGY NEUTRAL SIGNING  

110A(1)    
A person may sign a document to which this Division applies:

(a)    by signing a physical form of the document by hand; or

(b)    by signing an electronic form of the document using electronic means;

if the method of signing satisfies subsection (2) .

Note: A document (including a deed) may be executed by or on behalf of a company without the use of paper, parchment or vellum: see subsections 126(6) and 127(3A) .

110A(2)    
A method of signing satisfies this subsection if:

(a)    the method identifies the person and indicates the person ' s intention in respect of the information recorded in the document; and

(b)    the method was either:

(i) as reliable as appropriate for the purpose for which the information was recorded, in light of all the circumstances, including any relevant agreement; or

(ii) proven in fact to have fulfilled the functions described in paragraph (a) , by itself or together with further evidence.

What information the intention must cover

110A(3)    
For the purposes of paragraph (2)(a) , the person is not required to indicate an intention in relation to:

(a)    any material identifying another person signing the document or indicating another person ' s intention in respect of the information recorded; or

(b)    the signature of another person signing the document; or

(c)    if a common seal is fixed to the document - the seal; or

(d)    any immaterial information in a form of the document generated for the purposes of signing and which arises in the normal course of communication, storage or display.

Note: This subsection allows minor differences that arise from the way a document is signed to be disregarded. For example, a person can sign to witness the fixing of a common seal to a document, and it is not necessary for the signed document to include the common seal (as long as a method is used to indicate that the person observed the fixing of the seal, as required by paragraph 127(2A)(c) ).

Avoidance of doubt

110A(4)    
To avoid doubt, this section does not require:

(a)    a person to sign the same form of the document as another person; or

(b)    a person to sign the same page of the document as another person; or

(c)    a person to use the same method to sign the document as another person; or

(d)    all the information recorded in the document to be included in the form of the document signed by a person as mentioned in paragraph (1)(a) or (b) .

Note: For example, a company may execute a document by one director signing a physical form of the document by hand, and another director signing an electronic form of the document by electronic means.

Persons signing in different capacities

110A(5)    
For the purposes of this section, a person who is to sign a document in more than one capacity:

(a)    is treated as a different person in each such capacity they sign the document; and

(b)    may sign the document in some or all of those capacities by signing the document once, if the document:

(i) requires or permits the person to do so; and

(ii) states the capacities in which the person is signing the document.

Example 1: If a signature block in a document requires or permits a person to sign once as the sole director and sole company secretary of a company, the person may sign the document as the sole director and sole company secretary by signing that signature block.

Example 2: If a signature block in a document requires or permits a person to sign once on behalf of 2 companies as an agent for both those companies, the person may sign the document as an agent for both those companies by signing that signature block.

Example 3: A person who is to sign a document in their capacity as the director of one company and their capacity as the company secretary of another company must sign the document twice if:

(a) one signature block in the document requires or permits the person to sign as the director of the first company; and

(b) another signature block in the document requires or permits the person to sign as the company secretary of the second company.

SECTION 110B  

110B  LODGEMENT OF DOCUMENTS  

If:

(a)    under this Act, the signature of a person is required or permitted on a document; and

(b)    the person signs the document in accordance with section 110A ; and

(c)    

the person or another person submits the document for lodgement; and

(d)    

the signature complies with any requirements relating to that lodgement under this Act or an instrument made under this Act;

ASIC or the Registrar (as the case requires) must not refuse to receive or register the document on the basis that the document has not been signed.

Note: This section does not prevent ASIC or the Registrar from refusing to receive or register the document on any other basis. For example, if the lodgement requirements mentioned in paragraph (d) (such as those under Chapter 2P ) are not met, ASIC or the Registrar may refuse to receive or register the document.

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

SECTION 110C   DOCUMENTS TO WHICH THIS DIVISION APPLIES  

Sending documents

110C(1)    
This Division applies to any document covered by subsection (3) or (4) that is required or permitted under this Act to be sent by a person or entity (the sender ) to another person or entity (the recipient ).

110C(2)    
A reference in subsection (1) to an entity includes a reference to a disclosing entity.

Covered documents

110C(3)    
This subsection covers a document that is required or permitted be sent by the sender to the recipient under:

(a)   this Chapter; or

(b)    Chapters 2A to 2M ; or

(c)    Chapters 5 to 5D ; or

(d)    Chapter 6 , 6A , 6B or 6C ; or

(da)    

Division 3 of Part 7.7A ; or

(e)    Chapter 8A or 8B ; or

(f)    Chapter 9 ; or

(g)    Schedule 2 ; or

(h)    any other provision of this Act, to the extent that it relates to the provisions mentioned in paragraphs (a) to (g) .

110C(4)    
This subsection covers a document that is in a class of documents specified in regulations made for the purposes of this subsection.

110C(5)    
However, this Division does not apply to a document that is required or permitted under this Act to be sent by or to ASIC, the Registrar or the Takeovers Panel.

References to sending documents

110C(6)    
This Division applies to a requirement or permission to send a document, whether the expression send , give , serve or dispatch , or any other expression, is used.

110C(7)    
To avoid doubt, for the purposes of this Division, a document is not a document that is required or permitted under this Act to be sent merely because section 109X , 601CX or 1200R provides that the document may be served in a particular way.

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 anaddress 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.

SECTION 110E   ELECTION TO BE SENT DOCUMENTS IN PHYSICAL FORM OR ELECTRONIC FORM, OR NOT TO BE SENT DOCUMENTS  

110E(1)    
This section applies 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.

Election to be sent documents in physical form or electronic form

110E(2)    
The recipient may elect to be sent documents to which this Division applies:

(a)    in physical form; or

(b)    in electronic form;

by notifying the sender (whether or not in writing) of the election.

Note 1: Section 110F requires the sender to comply with an election to be sent documents to which this Division applies in a particular form.

Note 2: Regardless of any election under this section, if the sender is required under this Act to send a document to which this Division applies to the recipient, that requirement is met if the document is sent in accordance with section 110D and in accordance with any timing requirements under this Act.

110E(3)    
An election under subsection (2) may be made in relation to:

(a)    all documents to which this Division applies; or

(b)    a specified class or classes of documents to which this Division applies.

Note: The documents in relation to which an election may be made include, for example, documents required or permitted to be sent under this Act in relation to a takeover bid: see section 648CB .

Election not to be sent documents

110E(4)    
The recipient may elect not to be sent documents covered by subsection (5) by notifying the sender (whether or not in writing) of the election.

110E(5)    
This subsection covers the following documents:

(a)    

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

(b)    documents to which this Division applies that are prescribed by the regulations for the purposes of this paragraph.

110E(6)    
An election under subsection (4) may be made in relation to:

(a)    all of the documents covered by subsection (5) ; or

(b)    a specified class or classes of documents covered by subsection (5) .

When an election is in force

110E(7)    
An election under subsection (2) or (4) is in force in relation to those documents during the period:

(a)    beginning on:

(i) unless subparagraph (ii) or (iii) applies - the first business day after the day on which the sender receives notice (whether or not in writing) of the election from the recipient; or

(ii) unless subparagraph (iii) applies, where the recipient, in notifying the sender of the election, specifies a later day - the first business day after that later day; or

(iii) if regulations made for the purposes of this subparagraph specify another day - that other day; and

(b)    ending on:

(i) unless subparagraph (ii) or (iii) applies - the first business day after the day on which the sender receives notice (whether or not in writing) from the recipient withdrawing the election; or

(ii) unless subparagraph (iii) applies, where the recipient, in notifying the sender of the withdrawal, specifies a later day - the first business day after that later day; or

(iii) if regulations made for the purposes of this subparagraph specify another day - that other day.

110E(8)    
However, an election under subsection (2) to be sent documents to which this Division applies in physical form is not in force in relation to a document if:

(a)    the sender is required or permitted under this Act to send the document by a particular day; and

(b)    the sender receives notice of the election from the recipient on or after the day that is 30 days immediately before the day mentioned in paragraph (a) of this subsection.

SECTION 110F   FAILURE TO COMPLY WITH MEMBER ' S ELECTION TO BE SENT DOCUMENT IN PARTICULAR FORM  

110F(1)    
This section applies if:

(a)    an election by the recipient to be sent documents by the sender in physical form or electronic form is in force in relation to a document under section 110E ; and

(b)    

the sender sends the document to the recipient in a manner that does not comply with the election (otherwise than by way of giving it to the recipient personally); and

(c)    no determination is in force under section 1345 allowing the document to be sent by the sender in that manner (see subsections 1345(2) and (3A) ).

110F(2)    
The sender contravenes this subsection if the sender does not take reasonable steps to send the document in a manner that complies with the election:

(a)    unless paragraph (b) applies - before, or within a reasonable time after, sending the document as mentioned in paragraph (1)(b) ; or

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

110F(3)    
A person commits an offence of strict liability if the person contravenes subsection (2) .

110F(4)    
For the purposes of this section, the following manners of sending the document comply with the election:

(a)    for an election to be sent documents in physical form - the manner mentioned in paragraph 110D(1)(a) ;

(b)    for an election to be sent documents in electronic form - a manner mentioned in paragraph 110D(1)(c) or (d) .

No current address for sending documents in elected manner

110F(4A)    

Subsection (2) does not apply if:

(a)    the sender reasonably believes that none of the addresses (including any electronic addresses) for the recipient that are:

(i) known to the sender; and

(ii) where the recipient is covered by subsection (4B) - so known because the recipient is a member or holder of securities mentioned in whichever of paragraphs (4B)(a) to (f) applies;

are a current address for the recipient to be sent the document in a manner that complies with the election; and

(b)    the sender sends the document to the recipient in a manner that does not comply with the election, as mentioned in paragraph (1)(b) , other than in the manner mentioned in paragraph 110D(1)(e) ; and

(c)    if the document is a report mentioned in section 314A (annual reporting by notified foreign passport funds) - the requirement (if applicable) in paragraph 314A(4)(b) (about sending report in elected language) is satisfied.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4A) , see subsection 13.3(3) of the Criminal Code .

110F(4B)    

For the purposes of subparagraph (4A)(a)(ii) , 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.

Effect of contravention

110F(5)    
A contravention of subsection (2) by the sender does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.

Note: In particular, the validity of the sending of the document as mentioned in paragraph (1)(b) is not affected. Regardless of any contravention of subsection (2) , if the sender is required under another provision of this Act to send a document to which this Division applies, that requirement is met if the document is sent in accordance with section 110D and in accordance with any timing requirements under that other provision.

SECTION 110G   FAILURE TO COMPLY WITH MEMBER ' S ELECTION NOT TO BE SENT DOCUMENTS  

110G(1)    
This section applies if:

(a)    an election by the recipient not to be sent documents from the sender is in force in relation to a document under section 110E ; and

(b)    the sender sends the document to the recipient, other than in the manner mentioned in paragraph 110D(1)(e) .

110G(2)    
The sender contravenes this subsection if the sender did not take reasonable steps to avoid sending the document as mentioned in paragraph (1)(b) .

110G(3)    
A person commits an offence of strict liability if the person contravenes subsection (2) .

SECTION 110H   EFFECT OF ELECTION NOT TO BE SENT DOCUMENTS  

110H(1)    
This section applies if:

(a)    

the sender is required or permitted to send a document to which this Division applies to the recipient in accordance with a provision of this Act (other than this Division); and

(b)    an election under section 110E not to be sent documents is in force in relation to the document.

110H(2)    
For the purposes of the provision mentioned in paragraph (1)(a) of this section:

(a)    the sender is taken to send the document, as required or permitted in accordance with that provision, at the later of:

(i) the time the recipient ' s election mentioned in paragraph (1)(b) came into force; and

(ii) the earliest time at which the sender could have sent the document in accordance with the provision mentioned in paragraph (1)(a) ; and

(b)    the recipient is taken to receive the document when it is taken to be sent under paragraph (a) of this subsection.

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) .

SECTION 110JA   SENDER DOES NOT NEED TO SEND DOCUMENT IF MEMBER UNCONTACTABLE  

Sender taken to send document

110JA(1)    
This section applies if:

(a)    the sender is required or permitted to send a document to which this Division applies to the recipient under a provision of this Act; and

(b)    the conditions in subsection (3) are satisfied; and

(c)    any of the following apply:

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

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

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

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

(v) 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; and

(d)    the sender sends the document in accordance with the provision mentioned in paragraph (a) to one or more other members of a kind mentioned in whichever of subparagraphs (c)(i) to (v) applies.

110JA(2)    
For the purposes of the provision mentioned in paragraph (1)(a) :

(a)    the sender is taken to send the document, as required or permitted in accordance with that provision, at the later of:

(i) the time all of the conditions in paragraphs (3)(a) , (b) and (c) are first satisfied; and

(ii) the time the sender first sends the document to one or more other members as mentioned in paragraph (1)(d) ; and

(b)    the recipient is taken to receive the document when it is taken to be sent under paragraph (a) of this subsection.

Conditions for relief

110JA(3)    
For the purposes of paragraph (1)(b) , the conditions are that:

(a)    the sender has received notification in relation to each of the following addresses that indicates it is not a current address for the recipient:

(i) if the sender is a company, responsible entity of a registered scheme or corporate director of a CCIV - the recipient ' s address in the company, scheme or CCIV ' s register of members;

(ii) any other addresses for the recipient, including any electronic addresses for receiving electronic communications, known to the sender because the recipient is a member mentioned in whichever of subparagraphs (1)(c)(i) to (v) applies; and

(b)    the sender reasonably believes that none of those addresses are a current address for the recipient; and

(c)    the sender is unable, after taking reasonable steps, to ascertain a current address for the recipient.

110JA(4)    
For the purposes of paragraph (3)(c) , the sender has not taken reasonable steps unless the sender has attempted to communicate with the recipient using all contact details for the recipient that are known to the sender because the recipient is a member mentioned in whichever of subparagraphs (1)(c)(i) to (v) applies.

Sender must send notice for relief to continue to apply after period of 18 months

110JA(5)    
Subsection (6) applies if the period of 18 months starting on the day all of the conditions in paragraphs (3)(a) , (b) and (c) are first satisfied has ended.

110JA(6)    
Subsection (2) does not apply to the sending of a document mentioned in paragraph (1)(d) if, within the last 12 months of that period, the sender did not take reasonable steps to advise the recipient that:

(a)    the sending of documents to which this Division applies to the recipient by the sender is suspended; and

(b)    although that sending has been suspended, it will be resumed if the recipient provides a current address (which may be an electronic address) for being sent those documents.

SECTION 110K   OBLIGATION TO GIVE NOTICE OF MEMBERS ' RIGHTS  

110K(1)    
A public company must:

(a)    send the members of the company, at least once in each financial year, a notice setting out the matters mentioned in subsection (4) ; or

(b)    make such a notice readily available on a website.

110K(2)    
The responsible entity of a registered scheme must:

(a)    send the members of the scheme, at least once in each financial year, a notice setting out the matters mentioned in subsection (4) ; or

(b)    make such a notice readily available on a website.

110K(2A)    
A CCIV must:

(a)    send the members of the CCIV, at least once in each financial year, a notice setting out the matters mentioned in subsection (4) ; or

(b)    make such a notice readily available on a website.

110K(3)    
A disclosing entity must:

(a)    

send the members mentioned in subsection (3A) in relation to the disclosing entity, at least once in each financial year, a notice setting out the matters mentioned in subsection (4) ; or

(b)    make such a notice readily available on a website.

110K(3A)    

For the purposes of paragraph (3)(a) , the members are:

(a)    for a disclosing entity mentioned in subsection 111AC(1) - the members of the disclosing entity; and

(b)    for a disclosing entity mentioned in subsection 111AC(2) - the members of the managed investment scheme mentioned in that subsection.

110K(3B)    

The operator of a notified foreign passport fund must:

(a)    send the Australian members of the fund, at least once in each financial year, a notice setting out the matters mentioned in subsection (4) ; or

(b)    make such a notice readily available on a website.

110K(4)    

For the purposes of subsections (1) , (2) , (2A) and (3) , the matters required to be set out in the notice are:

(a)    members ' rights to elect under section 110E , and to request under section 110J , to be sent documents in physical form; and

(b)    members ' rights to elect under section 110E , and to request under section 110J , to be sent documents in electronic form; and

(c)    members ' rights to elect under section 110E not to be sent documents covered by subsection 110E(5) ; and

(d)    

for the operator of a notified foreign passport fund - Australian members ' rights to elect to be sent reports mentioned in section 314A in English or in an official language of the home economy of the fund (see subsections 314A(3) and (4) ).

110K(5)    

An offence based on subsection (1) , (2) , (2A) or (3) is an offence of strict liability.