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CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.3 - BOOKS  

SECTION 1301  LOCATION OF BOOKS ON COMPUTERS  

1301(1)  [Matters stored otherwise than in writing]  


This section applies if:


(a) a corporation records, otherwise than in writing, matters (the stored matters) this Act requires to be contained in a book; and


(b) the record of the stored matters is kept at a place (the place of storage) other than the place (the place of inspection) where the book is, apart from this section, required to be kept; and


(c) at the place of inspection means are provided by which the stored matters are made available for inspection in written form; and


(d) the corporation has lodged a notice:


(i) stating that this section is to apply in respect of:

(A) except where sub-subparagraph (B) applies - the book; or

(B) if the stored matters are only some of the information that is required to be contained in the book - the book and matters that are of the same kind as the stored matters; and

(ii) specifying the situation of the place of storage and the place of inspection.

1301(2)  [Deemed compliance with Act]  


Subject to subsection (4), the corporation is taken to have complied with the requirements of this Act as to the location of the book, but only in so far as the book is required to contain the stored matters.

1301(3)  [Place of inspection]  


Subject to subsection (4), for the purposes of the application of subsection 1085(3) and section 1300 in relation to the corporation and the book, the book is taken to be kept at the place of inspection, even though the record of the stored matters is kept at the place of storage.

1301(4)  [Failure to lodge notice of change of location]  


If:


(a) the situation of the place of storage or the place of inspection changes; and


(b) the corporation does not lodge notice of the change within 14 days after the change;

this section, as it applies to the corporation because of the lodging of the notice referred to in paragraph (1)(d), ceases to so apply at the end of that period of 14 days.

 



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