Document ID: chunk:federal_register_of_legislation:F2023C00836:front:0:p3
Version: federal_register_of_legislation:F2023C00836
Segment Type: other
Provision Reference: 
Character Range: 5777–8534

a date (relevant date) that is:
                     (i) specified in the notices provided under paragraphs (a) and (b); and
                     (ii) at least 14 days after the responsible entity gives notice to members under paragraph (a);
the responsible entity has not received requests from members with at least 5% of the votes that may be cast on the resolution referred to in paragraph (3)(b) to call and arrange to hold a meeting as specified in the notice.
(3) A notice complies with this subsection if it:
(a) sets out a summary of the reason for, and the effect of, the proposed modification of the constitution; and
(b) states that the responsible entity will modify the constitution as proposed unless it receives requests to call and arrange to hold a meeting of the scheme's members to consider and vote on a special resolution to modify the constitution as proposed:
                     (i) from members with at least 5% of the votes that may be cast on the resolution; and
                     (ii) by the relevant date; and
(c) states that a request referred to in paragraph (b) must be made in writing and may be sent to a specified email address of the responsible entity; and
(d) is worded and presented in a clear, concise and effective manner.
(4) Unless the scheme's constitution provides otherwise, a notice sent by post is taken to be given 3 days after it is posted. A notice sent by email is taken to be given on the business day after it is sent.
(5) The responsible entity may repeal and replace the constitution instead of modifying it where:
(a) the replacement constitution has the effect that the constitution would have had if it had instead been modified in accordance with subsection (1); and
(b) subsection (2) had been satisfied as if references in subsections (2) and (3) to modifying the constitution included references to repealing and replacing it.
(6) The responsible entity may modify or repeal and replace the constitution under subsections (1) and (5) even if the constitution includes provisions to the effect that it may only be modified or repealed and replaced in accordance with one or more of paragraphs 601GC(1)(a), (b) and (c) or provisions to the effect of those paragraphs.
              Note 1: Paragraph 601GC(1)(c) is notionally inserted by ASIC Corporations (Attribution Managed Investment Trusts) Instrument 2016/489.
              Note 2: The responsible entity must act in the best interests of the members in exercising the power in subsections (1) and (4) to modify, or repeal and replace the constitution: see paragraph 601FC(1)(c).".

7 Hardship withdrawals
(1) Chapter 5C of the Act applies to a responsible entity of a registered scheme (other than an excluded scheme) as if Part 5C.6