Document ID: chunk:federal_register_of_legislation:C2022A00009:clause:2_110e:p1
Version: federal_register_of_legislation:C2022A00009
Segment Type: clause
Provision Reference: sch 2 cl 110E (pt 1/2)
Character Range: 20572–23277

110E  Member's election to be sent documents in physical form or electronic form, or not to be sent documents
 (1) This section applies if:
 (a) where the sender is a company—the recipient is a member of the company; or
 (b) where the sender is the responsible entity of a registered scheme—the recipient is a member of the scheme; or
 (c) where the sender is a disclosing entity mentioned in subsection 111AC(1)—the recipient is a member of the disclosing entity; or
 (d) where the sender is a disclosing entity mentioned in subsection 111AC(2)—the recipient is a member of the managed investment scheme mentioned in that subsection.

Election to be sent documents in physical form or electronic form
 (2) The recipient may elect to be sent documents to which this Division applies:
 (a) in physical form; or
 (b) in electronic form;
by notifying the sender (whether or not in writing) of the election.
Note 1: Section 110F requires the sender to comply with an election to be sent documents to which this Division applies in a particular form.
Note 2: Regardless of any election under this section, if the sender is required under this Act to send a document to which this Division applies to the recipient, that requirement is met if the document is sent in accordance with section 110D and in accordance with any timing requirements under this Act.
 (3) An election under subsection (2) may be made in relation to:
 (a) all documents to which this Division applies; or
 (b) a specified class or classes of documents to which this Division applies.

Election not to be sent documents
 (4) The recipient may elect not to be sent documents covered by subsection (5) by notifying the sender (whether or not in writing) of the election.
 (5) This subsection covers the following documents:
 (a) reports mentioned in section 314 (annual financial reporting by companies, registered schemes and disclosing entities to members);
 (b) documents to which this Division applies that are prescribed by the regulations for the purposes of this paragraph.
 (6) An election under subsection (4) may be made in relation to:
 (a) all of the documents covered by subsection (5); or
 (b) a specified class or classes of documents covered by subsection (5).

When an election is in force
 (7) An election under subsection (2) or (4) is in force in relation to those documents during the period:
 (a) beginning on:
 (i) unless subparagraph (ii) or (iii) applies—the first business day after the day on which the sender receives notice (whether or not in writing) of the election from the recipient; or
 (ii) unless subparagraph (iii) applies, where the recipient, in notifying the sender of the election, specifies a later