Corporations Regulations 2001

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:

within 28 days after the person’s request for a copy; or

if a longer period has been allowed by ASIC—within the longer period.

If the person:

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

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

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

gives the statutory declaration to the body corporate; and

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

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

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

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

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

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

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

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

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

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.

An arrangement made under subregulation (2) must:

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

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.

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

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

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