Corporations Act 2001
[ CCH Note: Pt 2D.5 will be amended by No 8 of 2022, s 3, Sch 2, by inserting the note, (effective 1 July 2022). The note will read:
Note: This Part does not apply to a CCIV: see section 1224E .]
A person ' s address for the purposes of a notice or application under subsection 5H(2) , 117(2) , 205B(1) , (2) or (4) or 601BC(2) must be their usual residential address unless they are entitled to have an alternative address substituted for their usual residential address under subsection (2). Entitlement to have alternative address 205D(2)
The person is entitled to have an alternative address substituted for their usual residential address if:
(a) their name, but not their residential address, is on an electoral roll under the Commonwealth Electoral Act 1918 because of section 104 of that Act; or
(b) their name is not on an electoral roll under that Act and ASIC determines, in writing, that including their residential address in the notice or application would put at risk their personal safety or the personal safety of members of their family.
This alternative address must be in Australia and be one at which documents can be served on the person. At any particular time, a person is entitled to have only 1 alternative address under this section.
Note: See subsection 109X(2) on the status of the alternative address as an address for service.
[ CCH Note: S 205D(2) will be amended by No 69 of 2020, s 3, Sch 1, by substituting " the Registrar " for " ASIC " in para (b) (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
A person who takes advantage of subsection (2) must:
(a) before or at the same time as the alternative address is first included in a notice or application, lodge with ASIC notice of the person ' s usual residential address; and
(b) lodge with ASIC notice of any change in the person ' s usual residential address within 14 days after the change.
A notice under this subsection must be in the prescribed form.
[ CCH Note: S 205D(3) will be amended by No 69 of 2020, s 3, Sch 1 and [ 539], by substituting " the Registrar " for " ASIC " in para (a) and (b) and " meet any requirements of the data standards " for " be in the prescribed form " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
If a court gives a judgment for payment of a sum of money against a person who is taking advantage of subsection (2), ASIC may give details of the person ' s usual residential address to an officer of the court for the purposes of enforcing the judgment debt.
[ CCH Note: S 205D(4) will be amended by No 69 of 2020, s 3, Sch 1, by substituting " the Registrar " for " ASIC " , (effective 22 June 2022 or a day or days to be fixed by Proclamation).]
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