Treasury Laws Amendment (Modernising Business Communications and Other Measures) Act 2023 (69 of 2023)

Schedule 1   Modernising business communications

Part 1   Documents and meetings under the Corporations Act 2001

Corporations Act 2001

11   At the end of section 110D

Add:

Address for sending document

(5) Paragraphs (1)(a) and (b) apply only if:

(a) where the recipient is covered by subsection (7) - the sending of the document mentioned in paragraph (1)(a), or the sending of the information mentioned in paragraph (1)(b), is to an address known to the sender because the recipient is a member or holder of securities mentioned in whichever of paragraphs (7)(a) to (f) applies; or

(b) the recipient is not covered by subsection (7).

(6) Paragraphs (1)(c) and (d) apply only if:

(a) where the recipient is covered by subsection (7):

(i) the sending of the document mentioned in paragraph (1)(c), or the sending of the information mentioned in paragraph (1)(d), is to an address known to the sender because the recipient is a member or holder of securities mentioned in whichever of paragraphs (7)(a) to (f) applies; and

(ii) that address is a nominated electronic address of the recipient; or

(b) where the recipient is not covered by subsection (7) - the sending of the document mentioned in paragraph (1)(c), or the sending of the information mentioned in paragraph (1)(d), is to a nominated electronic address of the recipient.

(7) For the purposes of subsections (5) and (6), this subsection covers the recipient if:

(a) the recipient is a member of the sender; or

(b) where the sender is the responsible entity of a registered scheme - the recipient is a member of the scheme; or

(c) where the sender is the corporate director of a CCIV - the recipient is a member of the CCIV; or

(d) where the sender is a disclosing entity mentioned in subsection 111AC(2) - the recipient is a member of the managed investment scheme mentioned in that subsection; or

(e) where the sender is the operator of a notified foreign passport fund - the recipient is an Australian member of the fund; or

(f) where the sender is the bidder under a takeover bid - the recipient is a holder of securities in the target for the bid.