Corporations Act 2001

CHAPTER 6 - TAKEOVERS  

Note: This Chapter only applies to acquisitions of interests in a CCIV if the CCIV is a listed company: see Division 1 of Part 8B.7 .

PART 6.5 - THE TAKEOVER PROCEDURE  

Division 5 - General rules on takeover procedure  

Subdivision B - Sending documents to holders of securities  

SECTION 648C   SENDING DOCUMENTS TO HOLDERS OF SECURITIES - GENERAL  

648C(1)    
This section applies if a document is required or permitted to be sent to a holder of securities under this Chapter.

Note 1: Division 2 of Part 1.2AA provides for technology neutral sending of documents.

Note 2: Section 109X makes general provision for service of documents.

648C(2)    
If the document is sent by sending the document in a physical form in accordance with paragraph 110D(1)(a) , or by sending information in a physical form in accordance with paragraph 110D(1)(b) , the document or information must be sent:

(a)    if the document or information is to be sent to the holder outside Australia - by pre-paid airmail post or by courier; or

(b)    if the document or information is to be sent to the holder in Australia - by pre-paid ordinary post or by courier.

648C(3)    
For the purposes of this Chapter, the document is taken to have been sent to the holder:

(a)    if the document is sent in a physical form in accordance with paragraph 110D(1)(a) :

(i) when the document is posted; or

(ii) if the document is sent by courier - when the document is given to the courier; or

(b)    if the document is sent by sending information in accordance with paragraph 110D(1)(b) (sending information in physical form that allows electronic access):

(i) when the information is posted; or

(ii) if the information is sent by courier - when the information is given to the courier; or

(c)    if the document is sent by sending an electronic communication in accordance with paragraph 110D(1)(c) - when the electronic communication is sent; or

(d)    if the document is sent by sending an electronic communication in accordance with paragraph 110D(1)(d) (sending information in electronic form allowing electronic access) - when the electronic communication is sent.

648C(4)    
This section applies to a requirement or permission to send a document, whether the expression send , give , serve or dispatch , or any other expression, is used.