Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Corporations Act 2001, and for related purposes
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Registered 16 Jun 2017
Introduced Senate 15 Jun 2017

 

 

 

 

2016-2017

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

 

CORPORATIONS AMENDMENT (MODERNISATION OF MEMBERS REGISTER) BILL 2017

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

(Circulated by authority of Senator Nick Xenophon)


CORPORATIONS AMENDMENT (MODERNISATION OF MEMBERS REGISTER) BILL 2017

 

OUTLINE

 

The Corporations Amendment (Modernisation of Members Register) Bill 2017 (the bill) responds to an outdated provision in the Corporations Act 2001.

 

The bill inserts an email address as information that must be contained in the register of members. The register is currently only required to contain the member’s name and address. The inclusion of a member’s email address takes into account that most communication between companies and members is via email. It brings this particular provision of the Corporations Act 2001 into line with modern communication methods.  

 

This amendment does not affect the operation of the existing protections that apply to the inspection and use of information on registers.

 

NOTES ON CLAUSES

Clause 1: Short Title

1.           Clause 1 is a formal provision specifying the short title of the Bill.

Clause 2: Commencement

2.           Clause 2 provides for the commencement of the whole of the Bill to commence the day after it receives the Royal Assent.

Clause 3 – Schedules

4.                  Each Act specified in a Schedule to this Act is amended or repealed as is set out in the applicable items in the Schedule. Any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Corporations Act 2001

Item 1 – Subsection 169(1)(a)

6.      This item inserts an email address as information that must be contained in the register of members. The register is currently only required to contain the member’s name and address. The inclusion of a member’s email address takes into account that most communication between companies and members is via email. It brings this particular provision of the Corporations Act 2001 into line with modern communication methods. This amendment does not affect the operation of the existing protections that apply to the inspection and use of information on registers.

 


 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Corporations Amendment (Modernisation of Members Register) Bill

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Bill

The bill inserts an email address as information that must be contained in the register of members. The register is currently only required to contain the member’s name and address. The inclusion of a member’s email address reflects the nature of modern communication methods.

 

This amendment does not affect the operation of the existing protections that apply to the inspection and use of information on registers.

 

Human rights implications

This Bill does not engage any of the applicable rights or freedoms.

 

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.

 

Senator Nick Xenophon