{"id":"F2016L01322","name":"ASIC Corporations (Uncontactable Members) Instrument 2016/187","slug":"asic-corporations-uncontactable-members-instrument-2016-187","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94873,"registerId":"commonwealth-F2016L01322-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"ASIC Corporations (Uncontactable Members) Instrument 2016/187","content":"![](image.001.png)\n\nASIC Corporations (Uncontactable Members) Instrument 2016/187\n\nAbout this compilation\n\nCompilation No. 1\n\nThis is a compilation of ASIC Corporations (Uncontactable Members) Instrument 2016/187 as in force on 18 September 2018. It includes any commenced amendment affecting the legislative instrument to that date.\n\nThis compilation was prepared by the Australian Securities and Investments Commission.\n\nThe notes at the end of this compilation (the endnotes) include information\n\nabout amending instruments and the amendment history of each amended provision.\n\nContents\n\n[Part 1—Preliminary](#_Toc524442743)\n\n[1 Name of legislative instrument](#_Toc524442744)\n\n[3 Authority](#_Toc524442745)\n\n[4 Definitions](#_Toc524442746)\n\n[Part 2—Order](#_Toc524442747)\n\n[5 Relief from sending out hard copies of financial reports to uncontactable members](#_Toc524442748)\n\n[6 Condition](#_Toc524442749)\n\n[Endnotes](#_Toc524442750)\n\n[Endnote 1—Instrument history](#_Toc524442751)\n\n[Endnote 2—Amendment history](#_Toc524442752)\n\nPart 1—Preliminary\n\n1 Name of legislative instrument\n\nThis is the ASIC Corporations (Uncontactable Members) Instrument 2016/187.\n\n3 Authority\n\nThis instrument is made under subsection 341(1) of the Corporations Act 2001.\n\n4 Definitions\n\nIn this instrument:\n\nAct means the Corporations Act 2001.\n\nrelevant entity means a company, registered scheme, notified foreign passport fund or disclosing entity.\n\nPart 2—Order\n\n5 Relief from sending out hard copies of financial reports to uncontactable members\n\nA relevant entity does not have to comply with subsection 314(1) or 314A(1) (as applicable) of the Act by the time specified in section 315 of the Act in relation to a member of the entity to whom all of the following apply:\n\n(a) the member:\n\n(i) in relation to a company, registered scheme or disclosing entity—has made the election referred to in paragraph 314(1AB)(a) and has in accordance with paragraph 314(1AB)(c) elected to receive a copy of the reports as a hard copy;\n\n(ii) in relation to a notified foreign passport fund—has made the election referred to in paragraph 314A(3)(a) and has in accordance with paragraph 314A(3)(c) elected to receive a copy of the reports as a hard copy;\n\n(b) the entity has reasonable grounds to believe that the member does not reside at the address shown in the register of members;\n\n(c) the entity has been unable to find out the current address for the member after the exercise of reasonable diligence.\n\n6 Condition\n\nA relevant entity that relies on the relief in section 5 must send to the address shown in the register of members a notice that states:\n\n(a) in relation to a company, registered scheme or disclosing entity—the dispatch of concise reports or financial reports, directors’ reports and auditor’s reports to that person has been suspended but will be resumed on receipt of instructions (including a current address to do so);\n\n(b) in relation to a notified foreign passport fund—the dispatch of financial reports and auditor’s reports to that person has been suspended but will be resumed on receipt of instructions (including a current address to do so).\n\nThe notice must be sent at least once a year for 6 years after the date on which both paragraphs 5(b) and (c) first applied to the member.\n\n  \n\nEndnotes\n\nEndnote 1—Instrument history\n\n| Instrument number | Date of FRL registration    | Date of commencement | Application, saving or transitional provisions |\n| ----------------- | --------------------------- | -------------------- | ---------------------------------------------- |\n| 2016/187          | 25/8/2016 (see F2016L01322  | 26/8/2016            |                                                |\n| 2018/697          | 13/9/2018 (see F2018L01281) | 18/9/2018            | -                                              |\n\nEndnote 2—Amendment history\n\n> Note: ad. = added or inserted am. = amended LA = Legislation Act 2003 rep. = repealed rs. = repealed and substituted\n\n| Provision affected | How affected |\n| ------------------ | ------------ |\n| Section 2          | rep. s48D LA |\n| Section 4          | am. 2018/697 |\n| Section 5          | am. 2018/697 |\n| Section 6          | rs. 2018/697 |","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: providing relief from sending hard copy financial reports to members who cannot be contacted. The 2018 amendments expanded coverage to include 'notified foreign passport funds' (a new category of entity), but this was a logical extension to cover all entity types subject to similar reporting obligations, not a fundamental scope creep."},"complexity_factors":["Very short instrument (only 6 sections, with Section 2 repealed)","Only 2 defined terms in the interpretation section ('Act' and 'relevant entity')","Single operative provision (section 5) with straightforward conditional logic (three cumulative criteria)","Minimal cross-referencing (only references to specific subsections of the Corporations Act 2001)","Simple condition in section 6 requiring annual notice for a fixed 6-year period","No nested exceptions or complex temporal provisions"],"plain_english_summary":"This instrument lets companies and similar reporting entities stop sending paper financial reports to members who’ve moved and can’t be found after reasonable efforts. Affected entities may suspend delivery if they believe the member no longer lives at the registered address and have tried but failed to locate them.\n\nCovered firms must send an annual notice to the old address for up to six years, allowing reports to resume if the member provides a current address."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The instrument was amended in 2018: section 4 (definitions) and section 5 (relief conditions) were amended and section 6 was repealed and substituted (Endnote 2). Those amendments altered who qualifies for the relief and the notice/condition regime that entities must follow, so the instrument's reach and compliance obligations differ from the original 2016 version."},"complexity_factors":["Cross-references to multiple Corporations Act provisions (ss 314, 314A, 315) require reading across instruments to determine procedural timing and eligibility.","Use of open‑ended standards — “reasonable grounds” and “reasonable diligence” — creates interpretive uncertainty for entities (s5(b)–(c)).","Different eligibility pathways and wording for distinct entity types (company, registered scheme, disclosing entity, notified foreign passport fund) add branching logic (s5).","Ongoing procedural obligation: at least one notice per year for six years creates a multi‑year administrative process (s6).","Compliance proof and record‑keeping burden — entities must demonstrate diligence and notices sent if relying on the relief (s5–s6).","Amendment history (2018) changed definitions and conditions, so historical versions must be checked for transitional obligations (Endnote 2)."],"plain_english_summary":"This instrument lets companies, registered schemes, notified foreign passport funds and disclosing entities stop sending hard‑copy financial reports to members who have elected hard copies but appear uncontactable. An entity may rely on the relief if it reasonably believes the member no longer lives at the register address and has exercised reasonable diligence to find a current address (s5). Entities that use the relief must send a yearly notice to the register address for six years and therefore bear the administrative burden of annual notices (s6)."}},"importantCases":[],"_links":{"self":"/api/acts/asic-corporations-uncontactable-members-instrument-2016-187","history":"/api/acts/asic-corporations-uncontactable-members-instrument-2016-187/history","analysis":"/api/acts/asic-corporations-uncontactable-members-instrument-2016-187/analysis","conflicts":"/api/acts/asic-corporations-uncontactable-members-instrument-2016-187/conflicts","importantCases":"/api/acts/asic-corporations-uncontactable-members-instrument-2016-187/important-cases","documents":"/api/acts/asic-corporations-uncontactable-members-instrument-2016-187/documents"}}