Corporations Amendment Regulations 2002 (No. 5) (126 of 2002)

Schedule 3   Amendments commencing on gazettal

[19]   After regulation 7.9.75

insert

7.9.75A Ways of giving information

(1) For paragraph 1017B (3) (c) of the Act, the following are ways in which a responsible person may notify a holder:

(a) notifying the holder in any way agreed to by the holder;

(b) notifying the holder's agent in any way agreed to by the agent.

(2) For paragraph 1017D (6) (c) of the Act, the following are ways of giving a periodic statement to a holder:

(a) making the periodic statement available to the holder in any way agreed to by the holder;

(b) making the periodic statement available to the holder's agent in any way agreed to by the agent.

(3) For paragraph 1017DA (2) (c) of the Act, the following are ways in which information mentioned in subsection 1017DA (1) of the Act may be provided to a person:

(a) in writing;

(b) electronically;

(c) providing the information to the person in any way agreed to by the person;

(d) making the information available to the person's agent in any way agreed to by the agent.

(4) If a provision of the Act or these Regulations imposes additional requirements in relation to a matter in subregulation (1), (2) or (3), the ways of notifying a holder, giving a periodic statement and providing information are subject to the requirements.

Note Regulation 7.9.75B is an example of an additional requirement.

(5) For this regulation, a notification, a periodic statement or information may be given or sent to a person's agent only if the agent is not acting as the person's agent in one of the capacities mentioned in subsection 1015C (3) of the Act.

7.9.75B Information in electronic form

(1) For:

(a) paragraph 1017B (3) (b) of the Act; and

(b) paragraph 1017D (6) (b) of the Act; and

(c) paragraph 1017DA (2) (c) of the Act;

a notification, statement or information that is to be given in electronic form must, as far as practicable, be presented in a way that will allow the person to whom it is given to keep a copy of it so that the person can have ready access to it in the future.

(2) A notification or statement that is to be given in electronic form must be presented in a way that clearly identifies the information that is part of the notification or statement.