Corporations Act 2001

CHAPTER 2F - MEMBERS' RIGHTS AND REMEDIES  

SECTION 231  

231   MEMBERSHIP OF A COMPANY  
A person is a member of a company if they:

(a) are a member of the company on its registration; or

(b) agree to become a member of the company after its registration and their name is entered on the register of members; or

(c) become a member of the company under section 167 (membership arising from conversion of a company from one limited by guarantee to one limited by shares).

PART 2F.3 - INSPECTION OF BOOKS  

SECTION 247A   ORDER FOR INSPECTION OF BOOKS OF COMPANY OR REGISTERED SCHEME  

247A(1)    
On application by a member of a company or registered scheme, the Court may make an order:

(a) authorising the applicant to inspect books of the company or scheme; or

(b) authorising another person (whether a member or not) to inspect books of the company or scheme on the applicant's behalf.

The Court may only make the order if it is satisfied that the applicant is acting in good faith and that the inspection is to be made for a proper purpose.

247A(2)    
A person authorised to inspect books may make copies of the books unless the Court orders otherwise.

247A(3)    
A person who:

(a) is granted leave under section 237 ; or

(b) applies for leave under that section; or

(c) is eligible to apply for leave under that section;

may apply to the Court for an order under this section.

247A(4)    
On application, the Court may make an order authorising:

(a) the applicant to inspect books of the company; or

(b) another person to inspect books of the company on the applicant's behalf.

247A(5)    
The Court may make the order only if it is satisfied that:

(a) the applicant is acting in good faith; and

(b) the inspection is to be made for a purpose connected with:

(i) applying for leave under section 237 ; or

(ii) bringing or intervening in proceedings with leave under that section.

247A(6)    
A person authorised to inspect books may make copies of the books unless the Court orders otherwise.

SECTION 247B  

247B   ANCILLARY ORDERS  
If the Court makes an order under section 247A, the Court may make any other orders it considers appropriate, including either or both of the following:

(a) an order limiting the use that a person who inspects books may make of information obtained during the inspection;

(b) an order limiting the right of a person who inspects books to make copies in accordance with subsection 247A(2).

SECTION 247C   DISCLOSURE OF INFORMATION ACQUIRED IN INSPECTION  

247C(1)    
A person who inspects books on behalf of an applicant under section 247A must not disclose information obtained during the inspection.

247C(2)    

Subsection (1) does not apply to the extent that the disclosure is to:

(a)    ASIC; or

(b)    the applicant.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) , see subsection 13.3(3) of the Criminal Code .

247C(3)    

An offence based on subsection (1) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code .

SECTION 247D  

247D   COMPANY OR DIRECTORS MAY ALLOW MEMBER TO INSPECT BOOKS (REPLACEABLE RULE SEE SECTION 135)  
The directors of a company, or the company by a resolution passed at a general meeting, may authorise a member to inspect books of the company.