110KObligation to give notice of members’ rights

#### 110K Obligation to give notice of members’ rights (1) A public company must: (a) send the members of the company, at least once in each financial year, a notice setting out the matters mentioned in subsection (4); or (b) make such a notice readily available on a website. (2) The responsible entity of a registered scheme must: (a) send the members of the scheme, at least once in each financial year, a notice setting out the matters mentioned in subsection (4); or (b) make such a notice readily available on a website. (2A) A CCIV must: (a) send the members of the CCIV, at least once in each financial year, a notice setting out the matters mentioned in subsection (4); or (b) make such a notice readily available on a website. (3) A disclosing entity must: (a) send the members mentioned in subsection (3A) in relation to the disclosing entity, at least once in each financial year, a notice setting out the matters mentioned in subsection (4); or (b) make such a notice readily available on a website. (3A) For the purposes of paragraph (3)(a), the members are: (a) for a disclosing entity mentioned in subsection 111AC(1)—the members of the disclosing entity; and (b) for a disclosing entity mentioned in subsection 111AC(2)—the members of the managed investment scheme mentioned in that subsection. (3B) The operator of a notified foreign passport fund must: (a) send the Australian members of the fund, at least once in each financial year, a notice setting out the matters mentioned in subsection (4); or (b) make such a notice readily available on a website. (4) For the purposes of subsections (1), (2), (2A) and (3), the matters required to be set out in the notice are: (a) members’ rights to elect under section 110E, and to request under section 110J, to be sent documents in physical form; and (b) members’ rights to elect under section 110E, and to request under section 110J, to be sent documents in electronic form; and (c) members’ rights to elect under section 110E not to be sent documents covered by subsection 110E(5); and (d) for the operator of a notified foreign passport fund—Australian members’ rights to elect to be sent reports mentioned in section 314A in English or in an official language of the home economy of the fund (see subsections 314A(3) and (4)). (5) An offence based on subsection (1), (2), (2A) or (3) is an offence of strict liability.