Corporations Act 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.2 - INTERPRETATION  

Division 8 - Miscellaneous interpretation rules  

SECTION 105B   PLACE WHERE AN ELECTRONIC COMMUNICATION IS SENT OR RECEIVED  

105B(1)    
This section applies in relation to an electronic communication unless otherwise agreed between the originator and the addressee of the electronic communication.

105B(2)    
An electronic communication is taken to have been sent:

(a)    if the addressee is a company or registered scheme and the originator is a member of the company or registered scheme - from the address of the originator as contained on the register of members of the company or registered scheme at the time the communication is sent; and

(b)    if the originator has a registered office and paragraph (a) does not apply - from the registered office of the originator; and

(ba)    

if the originator has a principal place of business in Australia and neither paragraph (a) nor (b) applies - the address of the originator ' s principal place of business in Australia; and

(c)    otherwise:


(i) from the most recent physical address nominated by the originator to the addressee; or

(ii) if the originator has not nominated a physical address as mentioned in subparagraph (i) - from the originator ' s usual residential address in Australia.

105B(3)    
An electronic communication is taken to have been received:

(a)    if the originator is a company or registered scheme and the addressee is a member of the company or registered scheme - at the address of the addressee as contained on the register of members of the company or registered scheme at the time the communication is received; and

(b)    if the addressee has a registered office and paragraph (a) does not apply - at the registered office of the addressee; and

(ba)    

if the addressee has a principal place of business in Australia and neither paragraph (a) nor (b) applies - the address of the addressee ' s principal place of business in Australia; and

(c)    otherwise:


(i) at the most recent physical address nominated by the addressee to the originator; or

(ii) if the addressee has not nominated a physical address as mentioned in subparagraph (i) - at the addressee ' s usual residential address in Australia.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.