Document ID: chunk:federal_register_of_legislation:F2021C00174:reg:3:p3
Version: federal_register_of_legislation:F2021C00174
Segment Type: reg
Provision Reference: reg 3 (pt 3/11)
Character Range: 25058–28113

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subsections (1) and (5) even if the constitution includes provisions to the effect that it may only be modified or repealed and replaced in accordance with paragraphs 601GC(1)(a) or (b) or provisions to the effect of those paragraphs.

              (7) If the responsible entity:

                  (a) decides not to give members written notice (modification notice) under paragraph (2)(a) or under subsection (5) as it applies in relation to paragraph (2)(a); or

                  (b) does not give members a modification notice by 30 September 2021;

              the responsible entity must give each member by post or by email written notice that complies with subsection (8) by no later than:

                  (c) if paragraph (a) applies—21 days after making the decision; and

                  (d)  if paragraph (b) applies—21 October 2021.

              (8) A notice complies with this subsection if it includes an explanation of the following:

                  (a) why the responsible entity has decided not to give, or has not given, members a modification notice; and

                  (b) the effect for members of the responsible entity not giving members a modification notice compared to the situation if the responsible entity had given a modification notice; and

                  (c) that under section 252D, members holding interests carrying at least 5% of the votes that may be cast at a meeting of scheme may call and arrange to hold a meeting of the scheme's members to consider and vote on a special resolution to modify or repeal and replace the constitution the constitution to