Commonwealth of Australia Explanatory Memoranda

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CORPORATIONS AMENDMENT (MODERNISATION OF MEMBERS REGISTRATION) BILL 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responds to an outdated provision in the Corporations Act 2001.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     Each Act specified in a Schedule to this Act is amended or repealed as is set out in the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.




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                 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




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