Corporations Act 2001

CHAPTER 2G - MEETINGS  

PART 2G.5 - ELECTRONIC RECORDING AND KEEPING OF MINUTE BOOKS  

Division 1 - Interpretation  

Division 2 - Virtual meetings  

Division 3 - Electronic communication  

Division 4 - Recording and keeping of minute books  

SECTION 253S   ELECTRONIC RECORDING AND KEEPING OF MINUTE BOOKS  

253S(1)    
If information is required to be recorded in a minute book, the information may be recorded in electronic form if, at the time of the recording of the information, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference.

253S(2)    
If a minute book is required to be kept at a place, the requirement is taken to be satisfied if:

(a)    an electronic form of the minute book is open for inspection at the place in accordance with this Act; and

(b)    having regard to all the relevant circumstances at the time of the generation of the electronic form of the minute book, the method of generating the electronic form of the minute book provided a reliable means of assuring the maintenance of the integrity of the information contained in the minute book; and

(c)    at the time of the generation of the electronic form of the minute book, it was reasonable to expect that the information contained in the electronic form of the minute book would be readily accessible so as to be useable for subsequent reference.

253S(3)    
For the purposes of subsection (2) , the integrity of information contained in a minute book is maintained if, and only if, the information has remained complete and unaltered, apart from:

(a)    the addition of any endorsement; or

(b)    any immaterial change;

which arises in the normal course of communication, storage or display.