Corporations Act 2001

CHAPTER 2G - MEETINGS  

PART 2G.7 - INDEPENDENT REPORTS ON POLLS  

SECTION 253UF   RIGHT OF INDEPENDENT PERSON TO INFORMATION  


Right to information

253UF(1)    
An independent person appointed for the purposes of section 253UB , 253UC , 253UD or 253UE in relation to a poll may make a request for any information that the person reasonably considers is necessary for the purposes of:

(a)    if the person is appointed under section 253UB or 253UD - observing and preparing a report on the conduct of the poll; or

(b)    if the person is appointed under section 253UC or 253UE - scrutinising and preparing a report on the outcome of the poll.

253UF(2)    
A company commits an offence if:

(a)    the company receives a request for information under subsection (1) ; and

(b)    the company fails to take reasonable steps to provide the information to the independent person within a reasonable time after receiving the request.

253UF(3)    
A responsible entity of a registered scheme commits an offence if:

(a)    the responsible entity receives a request for information under subsection (1) ; and

(b)    the responsible entity fails to take reasonable steps to provide the information to the independent person within a reasonable time after receiving the request.

253UF(4)    
An offence based on subsection (2) or (3) is an offence of strict liability.


 

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