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CORPORATIONS ACT 2001

CHAPTER 5 - EXTERNAL ADMINISTRATION  

PART 5.9 - MISCELLANEOUS  

Division 3 - Provisions applying to various kinds of external administration  

SECTION 600G  ELECTRONIC METHODS OF GIVING OR SENDING CERTAIN NOTICES ETC.  

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600G(1)  

This section applies if a person (the notifier) is authorised or required to give or send a notice, or other document, to a person (the recipient) under any of the following provisions:


(a) paragraph 436E(3)(a);


(b)-(e) (Repealed)


(f) subsection 450A(3);


(g) paragraph 450B(a);


(h) paragraph 450C(b);


(i) paragraph 450D(b);


(j)-(k) (Repealed)


(l) paragraph 497(1)(a);


(m)-(o) (Repealed)


(p) paragraph 568A(1)(b);


(q)-(r) (Repealed)


(s) subsection 579J(1);


(t) subsection 579J(2);


(u) subsection 579K(1);


(v) subsection 579K(2);


(w) subsection 579K(3);


(x) subsection 579K(4);


(y) a provision of Schedule 2 or the Insolvency Practice Rules.

[CCH Note: Regulation 10.25.02(3)(i) (which was effective 1 March 2017) provides that the amendments made by No 11 of 2016, s 3, Sch 2[196] to [201] apply in relation to external administrations on and after 1 September 2017.]

600G(2)  

If the recipient nominates a fax number, or electronic address, by which the recipient may be notified of such notices or documents, the notifier may give or send the notice or document to the recipient by sending it to that fax number or electronic address.

600G(3)  

If the recipient nominates any other electronic means by which the recipient may be notified of such notices or documents, the notifier may give or send the notice or document to the recipient by using that electronic means.

600G(4)  

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If the notifier makes the notice or document publicly available by electronic means, the notifier may give or send the notice or document to the recipient by notifying the recipient (using the electronic means nominated by the recipient or otherwise in writing):


(a) that the notice or document is available electronically; and


(b) the way in which the notice or document can be accessed.

[CCH Note: Regulation 10.25.02(3)(i) (which was effective 1 March 2017) provides that the amendments made by No 11 of 2016, s 3, Sch 2[202] apply in relation to external administrations on and after 1 September 2017.]

600G(4A)  

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Subsection (4) does not apply if the recipient notifies the notifier in accordance with the regulations, before the time for giving or sending the notice or document expires, that the recipient does not have access to the internet.

600G(5)  

A notice or document sent to a fax number or electronic address, or by other electronic means, is taken to be given or sent on the business day after it is sent.

600G(6)  

A notice or document given or sent under subsection (4) is taken to be given or sent on the business day after the day on which the recipient is notified that the notice or document is available.

600G(7)  

Subsections (2), (3) and (4) do not limit the provisions mentioned in subsection (1).


 



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