(1) A company must lodge with ASIC a notice in the prescribed form setting out particulars of any of the following:
(a) a division of shares in the company into classes if the shares were not previously so divided;
(b) a conversion of shares in a class of shares in the company into shares in another class.
Note: A proprietary company may also have to notify certain particulars under Part 2C.2.
(2) The notice must be lodged within 14 days after the division or conversion.
(3) A public company must lodge with ASIC a copy of each document (including an agreement or consent) or resolution that:
(a) does any of the following:
(i) attaches rights to issued or unissued shares;
(ii) varies or cancels rights attaching to issued or unissued shares;
(iii) varies or cancels rights of members in a class of members of a company that does not have a share capital;
(iv) binds a class of members; and
(b) is not already lodged with ASIC.
This also applies to a proprietary company that has applied under Part 2B.7 to change to a public company, while its application has not yet been determined .
(3A) An offence based on subsection (1) or (3) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(4) The document must be lodged within 14 days after it is made. The resolution must be lodged within 14 days after it is passed.