Corporations Act 2001

The constitution of a registered scheme may be modified, or repealed and replaced with a new constitution:

by special resolution of the members of the scheme; or

by the responsible entity if the responsible entity reasonably considers the change will not adversely affect members’ rights.

The responsible entity must lodge with ASIC a copy of the modification or the new constitution. The modification, or repeal and replacement, cannot take effect until the copy has been lodged.

The responsible entity must lodge with ASIC a consolidated copy of the scheme’s constitution if ASIC directs it to do so.

The responsible entity must send a copy of the scheme’s constitution to a member of the scheme within 7 days if the member:

asks the responsible entity, in writing, for the copy; and

pays any fee (up to the prescribed amount) required by the responsible entity.