Corporations Act 2001
CHAPTER 2G
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MEETINGS
PART 2G.6
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EXCEPTIONAL CIRCUMSTANCES
SECTION 253T
EXCEPTIONAL CIRCUMSTANCES
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AGM
253T(1)
A public company is taken to comply with subsections 250N(1) and (2) in relation to an AGM if: (a) the company is in a class of companies specified in a determination under subsection (2) ; and (b) the company holds the AGM within the period of extension specified in the determination.
253T(2)
ASIC may, by legislative instrument, make a determination specifying a class of public companies, if ASIC considers that it may be unreasonable to expect the companies in the specified class to hold AGMs within the time required under section 250N because of a situation that is beyond the control of those companies.
253T(3)
The determination must specify a period of extension of that time.
253T(4)
The determination may be subject to specified conditions applying to public companies in the specified class. A company to which a condition specified in the determination applies must comply with the condition. The Court may order the company to comply with the condition in a specified way.
253T(5)
Unless revoked earlier, the determination is repealed at the end of 12 months after the day on which it commences.
SECTION 253TA
EXCEPTIONAL CIRCUMSTANCES
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VIRTUAL MEETINGS
253TA(1)
An entity may hold a meeting of its members, using virtual meeting technology only (even if this is not required or permitted by the entity ' s constitution expressly), if: (a) the entity is specified in a determination under subsection (2) ; or (b) the entity is in a class of entities specified in a determination under subsection (2) .
253TA(2)
ASIC may make a determination specifying an entity, or a class of entities, if ASIC considers that it may be unreasonable to expect the specified entity, or entities in the specified class, to hold meetings wholly or partially at one or more physical venues because of a situation that is beyond the control of the entity, or the entities in the class.
253TA(3)
The determination is: (a) a notifiable instrument, if it specifies an entity; or (b) a legislative instrument, if it specifies a class of entities.
253TA(4)
The determination may be subject to specified conditions applying to the specified entity, or to entities in the specified class. An entity to which a condition specified in the determination applies must comply with the condition. The Court may order the entity to comply with the condition in a specified way.
253TA(5)
Unless revoked earlier, the determination is repealed at the end of 12 months after the day on which it commences.
253TA(6)
A reference in this section to an entity is a reference to any of the following: (a) a company; (b) a registered scheme.
View history note
Hide history noteA public company is taken to comply with subsections 250N(1) and (2) in relation to an AGM if: (a) the company is in a class of companies specified in a determination under subsection (2) ; and (b) the company holds the AGM within the period of extension specified in the determination.
253T(2)
ASIC may, by legislative instrument, make a determination specifying a class of public companies, if ASIC considers that it may be unreasonable to expect the companies in the specified class to hold AGMs within the time required under section 250N because of a situation that is beyond the control of those companies.
253T(3)
The determination must specify a period of extension of that time.
253T(4)
The determination may be subject to specified conditions applying to public companies in the specified class. A company to which a condition specified in the determination applies must comply with the condition. The Court may order the company to comply with the condition in a specified way.
253T(5)
Unless revoked earlier, the determination is repealed at the end of 12 months after the day on which it commences.
An entity may hold a meeting of its members, using virtual meeting technology only (even if this is not required or permitted by the entity ' s constitution expressly), if: (a) the entity is specified in a determination under subsection (2) ; or (b) the entity is in a class of entities specified in a determination under subsection (2) .
253TA(2)
ASIC may make a determination specifying an entity, or a class of entities, if ASIC considers that it may be unreasonable to expect the specified entity, or entities in the specified class, to hold meetings wholly or partially at one or more physical venues because of a situation that is beyond the control of the entity, or the entities in the class.
253TA(3)
The determination is: (a) a notifiable instrument, if it specifies an entity; or (b) a legislative instrument, if it specifies a class of entities.
253TA(4)
The determination may be subject to specified conditions applying to the specified entity, or to entities in the specified class. An entity to which a condition specified in the determination applies must comply with the condition. The Court may order the entity to comply with the condition in a specified way.
253TA(5)
Unless revoked earlier, the determination is repealed at the end of 12 months after the day on which it commences.
253TA(6)
A reference in this section to an entity is a reference to any of the following: (a) a company; (b) a registered scheme.