Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 240

240. (1) A company shall have at least one secretary.

(2) A secretary of a company shall be appointed by the directors.

(3) A person is not capable of being a secretary of a company unless the
person is a natural person who has attained the age of 18 years.

(4) The secretary, or each of the secretaries, shall be a person who
ordinarily resides in Australia.

(5) A secretary shall be present at the registered office of the company in
person or by an agent on the days and during the hours when the registered
office is required to be open and accessible to the public.

(6) If there is no secretary of a company, or no secretary of the company is
capable of acting, any act or thing required or authorised to be done by or in
relation to the secretary may be done by or in relation to any assistant or
deputy secretary or, if there is no assistant or deputy secretary, or no
assistant or deputy secretary is capable of acting, by or in relation to an
officer of the company authorised by the directors to act as secretary, either
generally or in relation to the doing of that act or thing.

(7) A provision of this Act or of the memorandum or articles requiring or
authorising any act or thing to be done by or in relation to a director and a
secretary is not satisfied by its being done by or in relation to the same
person acting both as director and as, or in place of, a secretary.

(8) Where a preceding provision of this section is contravened, the company
and any officer of the company who is involved in the contravention each
contravene this subsection.