Document ID: chunk:federal_register_of_legislation:C2022A00009:clause:2_110f
Version: federal_register_of_legislation:C2022A00009
Segment Type: clause
Provision Reference: sch 2 cl 110F
Character Range: 24365–26369

110F  Failure to comply with member's election to be sent document in particular form
 (1) This section applies if:
 (a) an election by the recipient to be sent documents by the sender in physical form or electronic form is in force in relation to a document under section 110E; and
 (b) the sender sends the document to the recipient in a manner that does not comply with the election; and
 (c) no determination is in force under section 1345 allowing the document to be sent by the sender in that manner (see subsections 1345(2) and (3A)).
 (2) The sender contravenes this subsection if the sender does not take reasonable steps to send the document in a manner that complies with the election:
 (a) unless paragraph (b) applies—before, or within a reasonable time after, sending the document as mentioned in paragraph (1)(b); or
 (b) if the sender is required or permitted under this Act to send the document to the recipient by a particular time—by that time.
 (3) A person commits an offence of strict liability if the person contravenes subsection (2).
 (4) For the purposes of this section, the following manners of sending the document comply with the election:
 (a) for an election to be sent documents in physical form—the manner mentioned in paragraph 110D(1)(a);
 (b) for an election to be sent documents in electronic form—a manner mentioned in paragraph 110D(1)(c) or (d).

Effect of contravention
 (5) A contravention of subsection (2) by the sender does not affect the validity of any act, transaction, agreement, instrument, resolution or other thing.
Note: In particular, the validity of the sending of the document as mentioned in paragraph (1)(b) is not affected. Regardless of any contravention of subsection (2), if the sender is required under another provision of this Act to send a document to which this Division applies, that requirement is met if the document is sent in accordance with section 110D and in accordance with any timing requirements under that other provision.