Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:4:p4
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 4 (pt 4/5)
Character Range: 76996–79645

product, would be an offer that satisfies paragraphs 1019D(1)(a) to (d) of the Act.
Note: See subsection 1019D(1) of the Act for a description of unsolicited offers to purchase financial products off‑market.

2C.1.04  Information to be included in application for copy of register
  For paragraph 173(3A)(c) of the Act, the information that must be contained in an application is the name and address of the applicant.
Note: An application must also state the purpose for accessing a copy of a register—see subsection 173(3A) of the Act.

Division 2C.1.3—Use of information on registers by bodies corporate

2C.1.05  Contact with members after failure to provide copy of register
 (1) This regulation applies if a body corporate mentioned in regulation 12.8.02 has failed to give a person a copy of the part of the register of members of the body who hold member shares:
 (a) within 28 days after the person's request for a copy; or
 (b) if a longer period has been allowed by ASIC—within the longer period.
 (2) If the person:
 (a) makes a statutory declaration that the person intends to use information that is contained in that part of the register:
 (i) for the purpose of contacting members of the body, or sending material to members of the body, for a purpose mentioned in subsection 177(1A) of the Act; and
 (ii) in a way that does not contravene that subsection or another law; and
 (b) gives the statutory declaration to the body corporate; and
 (c) pays the reasonable costs of contacting the members, or sending material to the members;
the body corporate must do everything that is reasonably possible to arrange for the members to be contacted, or for the material to be sent to the members, on the person's behalf by a third party service provider nominated by the body corporate.
 (3) If the body corporate believes on reasonable grounds that the person intends to use information that is contained in that part of the register:
 (a) for a purpose that is not in accordance with subparagraph (2)(a)(i); or
 (b) in a way that is not in accordance with subparagraph (2)(a)(ii);
the body corporate is not required to arrange for the members to be contacted or for the material to be sent to the members on the person's behalf, and may terminate any existing arrangement.
 (4) The arrangements made by the body corporate must ensure that, to the extent reasonably possible:
 (a) the details, from the register of members, of each member to whom material is to be sent, or with whom contact is to be made, will be provided to the third party service provider within 14 days after the person pays the costs mentioned in subregulation (2);