Federal Register of Legislation - Australian Government

Primary content

ASIC Class Order [CO 98/101]

Authoritative Version
CO 98/101 Orders/ASIC Class Orders as amended, taking into account amendments up to ASIC Class Order [CO 99/90]
Administered by: Treasury
Registered 26 Jun 2006
Start Date 11 Feb 1999
End Date 26 Aug 2016
Date of repeal 26 Aug 2016
Repealed by ASIC Corporations (Amendment and Repeal) Instrument 2016/247

ASIC Class Order [CO 98/101]

Members of companies, registered schemes and disclosing entities who are uncontactable

This instrument has effect under subsection 341(1) of the Corporations Act 2001.

This compilation was prepared on 1 September 2005 taking into account amendments up to [CO 99/90].

Prepared by the Australian Securities and Investments Commission.

Australian Securities and Investments Commission
Corporations Law — Section  341(1) — Class Order and Revocation

Pursuant to subsection 341(1) of the Corporations Law (“the Law”) the Australian Securities and Investments Commission hereby makes an order in respect of each public company, registered scheme or disclosing entity (“the Entity”) relieving the Entity from the obligation imposed by subsection 314(1) and section  315 to send a copy of the documents specified in subsection 314(1) to any person who the Entity has reasonable grounds to believe does not reside at the address shown in the register of members and whose current address the Entity has been unable to establish after the exercise of reasonable diligence (an “Uncontactable Member”), on condition that the Entity sends to the address shown in the register of each Uncontactable Member, at least once each year for a period of not less than 6 years, a notice stating that the dispatch of concise reports or financial reports, directors' reports and auditors' reports to that person has been suspended but will be resumed forthwith on receipt of instructions to do so.

Pursuant to subsection 341(1) of the Corporations Law the Australian Securities and Investments Commission hereby revokes Class Order Number 97/1009 dated 9 July 1997 with effect from:

(i)    in respect of entities which apply the relief provided by Class Order 98/0095 dated 10 July 1998, financial years ending after 7 July 1998; and

(ii)   in all other cases, financial years ending after 30 June 1998.

 

Notes to ASIC Class Order [CO 98/101]

Note 1

ASIC Class Order [CO 98/101] (in force under subsection 341(1) of the Corporations Act 2001) as shown in this compilation comprises that Class Order amended as indicated in the Tables below.

Table of Instruments

Instrument number

Date of making or FRLI registration

Date of commencement

Application, saving or transitional provisions

[CO 98/101]

10/7/1998

10/7/1998

-

[CO 99/90]

11/2/1999

11/2/1999

-

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

First para

am. [CO 99/90]