Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 253UF

Right of independent person to information

Right to information

  (1)   An independent person appointed for the purposes of section   253UB,   253UC, 253UD or 253UE in relation to a poll may make a request for any information that the person reasonably considers is necessary for the purposes of:

  (a)   if the person is appointed under section   253UB or 253UD--observing and preparing a report on the conduct of the poll; or

  (b)   if the person is appointed under section   253UC or 253UE--scrutinising and preparing a report on the outcome of the poll.

  (2)   A company commits an offence if:

  (a)   the company receives a request for information under subsection   (1); and

  (b)   the company fails to take reasonable steps to provide the information to the independent person within a reasonable time after receiving the request.

  (3)   A responsible entity of a registered scheme commits an offence if:

  (a)   the responsible entity receives a request for information under subsection   (1); and

  (b)   the responsible entity fails to take reasonable steps to provide the information to the independent person within a reasonable time after receiving the request.

  (4)   An offence based on subsection   (2) or (3) is an offence of strict liability.


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