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CORPORATIONS ACT 2001 - SECT 648C

Sending documents to holders of securities--general

  (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.

  (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.

  (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.

  (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.


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