Document ID: chunk:federal_register_of_legislation:C2022C00216:clause:1_1345:p1
Version: federal_register_of_legislation:C2022C00216
Segment Type: clause
Provision Reference: sch 1 cl 1345 (pt 1/2)
Character Range: 34725–37422

1345  Exceptional circumstances—giving documents
 (1) Subsections (2) to (4) apply in relation to a document that is required or permitted under this Act to be given by an entity to another entity (the recipient) if:
 (a) the entity giving the document is specified, or is in a class of entities specified, in a determination under subsection (5); and
 (b) the document is specified, or is in a class of documents specified, in the determination.

Giving document by electronic communication etc.
 (2) If the determination specifies that the document, or documents in that class, may be given in accordance with this subsection, then the document may be given:
 (a) by means of an electronic communication; or
 (b) by giving the recipient (by means of an electronic communication or otherwise) sufficient information to allow the recipient to access the document electronically.
 (3) However, electronic communication or electronic access may only be used if, at the time the electronic communication is used or information about the electronic access is given, it is reasonable to expect that the document would be readily accessible so as to be useable for subsequent reference.

Extension of time
 (4) If the requirement or permission mentioned in subsection (1) is for the document to be given within a particular time, the document is taken to have been given within that time if:
 (a) the determination specifies a period of extension of that time that applies to the giving of the document by the entity to the recipient; and
 (b) the specified period of extension starts after the determination is made; and
 (c) the document is given by the entity to the recipient within the specified period of extension.

ASIC may make determination
 (5) ASIC may make a determination specifying:
 (a) an entity, or a class of entities; and
 (b) a document, or a class of documents, required or permitted to be given under this Act (including a class that is any such document); and
 (c) one or more matters mentioned in subsections (6) and (7).
 (6) ASIC may specify that the document, or documents in that class, may be given in accordance with subsection (2) (giving document by electronic communication etc.), if ASIC considers that it may be unreasonable to expect the specified entity, or entities in the specified class, to give the document, or documents in the specified class, in a physical form because of a situation that is beyond the control of the entity, or the entities in the class.
 (7) To the extent that the document, or documents in that class, are required or permitted under the Act to be given by the entity, or the entities in the class, within a particular time (the original