Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p49
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 120427–123166

the statement within 7 days after the date on which the request is made.
     "(3b) A meeting convened by a requisitioning member or requisitioning members in accordance with sub-section (3) shall not be held more than 3 months after the date of the deposit of the requisition.";
     (d) by inserting in sub-section (4) "member or" after "requisitioning" (first occurring) and "that member or" after "paid to"; and
     (e) by adding at the end thereof the following sub-section:
     "(6) A reference in this section to a requisition includes a reference to a requisition deposited, before the commencement of section 74 of the Companies and Securities Legislation (Miscellaneous Amendments) Act 1983, in accordance with this section as in force at the date of the deposit of the requisition.".

Circulation of members' resolutions, &c.
75. Section 247 of the Principal Act is amended—
     (a) by omitting sub-sections (1) and (2) and substituting the following sub-section:
     "(1) Subject to this section, a company shall, on the requisition in writing of—
          (a) in the case of a company having a share capital—not less than 100 members holding shares in the company on which there has been paid up an average sum, per member, of not less than $200;
          (b) in the case of a company not having a share capital—not less than 200 members; or
          (c) in either case—a member who is entitled, or members who are together entitled, to not less than 5% of the total voting rights of all the members having at the date of the deposit of the requisition a right to vote at general meetings,
     and, unless the company otherwise resolves, at the expense of the requisitioning member or members—
          (d) give to members of the company entitled to have notice of the next annual general meeting sent to them notice of any resolution that may properly be moved and is intended to be moved at that meeting; and

          (e) circulate to members of the company entitled to have notice of any general meeting sent to them any statement of not more than 1,000 words with respect to the matter referred to in any proposed resolution or the business to be dealt with at that meeting.";
     (b) by inserting in paragraph (4) (a) "member or" before "members" (first occurring) and ", where there are 2 or more requisitioning members," before "2 or more copies"; and
     (c) by inserting in sub-section (5) "member or" before "members".

76. Section 261 of the Principal Act is repealed and the following sections are substituted:

Power of company to obtain information as to beneficial ownership of its shares
"261. (1) In this section—
'company' has the same meaning as in section 134;
     'relevant instructions', in