Commonwealth Consolidated Regulations

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CORPORATIONS REGULATIONS 2001 - REG 2C.1.05

Contact with members after failure to provide copy of register

             (1)  This regulation applies if a body corporate mentioned in regulation 12.8.02 has failed to give a person a copy of the part of the register of members of the body who hold member shares:

                     (a)  within 28 days after the person's request for a copy; or

                     (b)  if a longer period has been allowed by ASIC--within the longer period.

             (2)  If the person:

                     (a)  makes a statutory declaration that the person intends to use information that is contained in that part of the register:

                              (i)  for the purpose of contacting members of the body, or sending material to members of the body, for a purpose mentioned in subsection   177(1A) of the Act; and

                             (ii)  in a way that does not contravene that subsection or another law; and

                     (b)  gives the statutory declaration to the body corporate; and

                     (c)  pays the reasonable costs of contacting the members, or sending material to the members;

the body corporate must do everything that is reasonably possible to arrange for the members to be contacted, or for the material to be sent to the members, on the person's behalf by a third party service provider nominated by the body corporate.

             (3)   If the body corporate believes on reasonable grounds that the person intends to use information that is contained in that part of the register:

                     (a)  for a purpose that is not in accordance with subparagraph (2)(a)(i); or

                     (b)  in a way that is not in accordance with subparagraph (2)(a)(ii);

the body corporate is not required to arrange for the members to be contacted or for the material to be sent to the members on the person's behalf, and may terminate any existing arrangement.

             (4)  The arrangements made by the body corporate must ensure that , to the extent reasonably possible:

                     (a)  the details, from the register of members, of each member to whom material is to be sent, or with whom contact is to be made, will be provided to the third party service provider within 14 days after the person pays the costs mentioned in subregulation (2); and

                     (b)  a copy of any material that is to be sent to a member will be provided to the third party service provider within 28 days after the person provides the material to the body corporate; and

                     (c)  if material is not to be sent to a member--written details of the contact that is to be made with a member must be provided to the third party service provider within 28 days after the person provides the written details to the body corporate; and

                     (d)  for any material that is to be sent to a member--the material will be sent to the member within 14 days after the body corporate provides the material to the third party service provider; and

                     (e)  if material is not to be sent to a member--contact will be made with the member within 14 days after the body corporate provides, to the third party service provider, the written details of the contact that is to be made with the member.

             (5)  An arrangement made under subregulation (2) must:

                     (a)  allow for contact to be made, or material to be sent, for a period of 6 months after the period mentioned in subregulation (1); and

                     (b)  require the person to pay the reasonable costs of contacting the members or sending material to the members to be paid on each occasion before the contact is made or the material is sent.

             (6)  A reference in subregulation (1) to the register of members of a body corporate who hold member shares includes a reference to:

                     (a)  the register of members of a body corporate that is a company limited by guarantee; and

                     (b)  the register of members of a body corporate limited by shares and guarantee, who do not hold shares in the body.



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