CCH Note:
Part 13 of the
Corporations Act 1989, inserted
by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as
follows:
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW
82
The Corporations Law is as follows:...
CHAPTER 2C - REGISTERS
History
Chapter 2C inserted by No 61 of 1998, Sch 1 (effective 1 July 1998).
SECTION 173
RIGHT TO INSPECT AND GET COPIES
173(1)
Right to inspect.
A company or registered scheme must allow anyone to inspect a register kept under this Chapter. If the register is not kept on a computer, the person inspects the register itself. If the register is kept on a computer, the person inspects a hard copy of the information on the register unless the person and the company or the responsible entity agree that the person can access the information by computer.
Note:
Other provisions that are relevant to the inspection of registers are:
•
section
1300 (place and times for inspection)
•
section
1301 (the location of documents that are kept on computers)
•
section
1306 (form and evidentiary value).
History
S 173(1) amended by No 62 of 1998, Sch 2, Pt 1 (effective 1 July 1998).
S 173(1) amended by No 61 of 1998, Sch 3 (effective 1 July 1998).
S 173(1) renumbered from 216F(1) by No 61 of 1998, Sch 3 (effective 1 July 1998).
173(2)
Inspection fees.
A member of a company or a registered scheme, a registered option holder or a registered debenture holder may inspect a register kept under this Chapter without charge. Other people may inspect the register only on payment of any fee (up to the prescribed amount) required by the company or scheme.
History
S 173(2) amended by No 62 of 1998, Sch 2, Pt 1 (effective 1 July 1998).
S 173(2) amended by No 61 of 1998, Sch 3 (effective 1 July 1998).
S 173(2) renumbered from 216F(2) by No 61 of 1998, Sch 3 (effective 1 July 1998).
173(3)
Right to get copies.
The company or scheme must give a person a copy of the register (or a part of the register) within 7 days if the person:
(a)
asks for the copy; and
(b)
pays any fee (up to the prescribed amount) required by the company or scheme.
ASIC may allow a longer period to comply with the request. If the register is kept on a computer and the person asks for the data on floppy disk, the company or scheme must give the data to the person on floppy disk. The data must be readable but the floppy disk need not be formatted for the person's preferred operating system.
History
S 173(3) amended by No 54 of 1998, Sch 5, Pt 2 (effective 1 July 1998).
S 173(3) amended by No 62 of 1998, Sch 2, Pt 1 (effective 1 July 1998).
S 173(3) renumbered from 216F(3) by No 61 of 1998, Sch 3 (effective 1 July 1998).
173(4)
[Inspection of options documents]
A person has the same rights to inspect, and obtain copies of, the documents kept under subsection
170(3) as the person has in respect of the register of option holders itself.
History
S 174(4) amended by No 62 of 1998, Sch 2, Pt 1 (effective 1 July 1998).
S 174(4) amended by No 61 of 1998, Sch 3 (effective 1 July 1998).
S 173(4) renumbered from 216F(4) by No 61 of 1998, Sch 3 (effective 1 July 1998).
173(5)
[Share certificate numbers]
The company is not required under subsection
(1) or
(3) to allow a person to see, or to give a person a copy that contains, share certificate numbers.
History
S 173(5) renumbered from 216F(5) by No 61 of 1998, Sch 3 (effective 1 July 1998).
173(6)
ASIC power in relation to register of debenture holders.
ASIC may exempt a company from complying with subsections
(1) and
(3) in relation to information in a register of debenture holders about debentures that are not convertible into shares or options over unissued shares.
History
S 173(6) amended by No 54 of 1998, Sch 5, Pt 2 (effective 1 July 1998).
S 173(6) renumbered from 216F(6) by No 61 of 1998, Sch 3 (effective 1 July 1998).
173(7)
[Form of exemption]
The exemption:
(a)
must be in writing; and
(b)
may be general or limited; and
(c)
may be subject to conditions specified in the exemption.
History
S 173(7) renumbered from 216F(7) by No 61 of 1998, Sch 3 (effective 1 July 1998).
173(8)
[Gazette]
ASIC must publish a copy of the exemption in the
Gazette.
History
S 173(8) amended by No 54 of 1998, Sch 5, Pt 2 (effective 1 July 1998).
S 173(8) renumbered from 216F(8) by No 61 of 1998, Sch 3 (effective 1 July 1998).
173(9)
[Contravention of condition]
A person must not contravene a condition of the exemption.
History
S 173(9) renumbered from 216F(9) by No 61 of 1998, Sch 3 (effective 1 July 1998).
173(10)
[Court may order compliance with condition]
On application by ASIC, the Court may order a person who contravenes a condition of the exemption to comply with the condition.
History
S 173(10) amended by No 54 of 1998, Sch 5, Pt 2 (effective 1 July 1998).
S 173(10) renumbered from 216F(10) by No 61 of 1998, Sch 3 (effective 1 July 1998).
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