Clause 23

by inserting, immediately after the words “at that meeting” in subsection (1)(a), the words “or (if the resolution is proposed to be passed by written means under section 63A) for which agreement is sought”;

by deleting the words “The trustee‑manager of a registered business trust must give the notice of a resolution” in subsection (3) and substituting the words “Subject to subsection (3A), the trustee‑manager of a registered business trust must give the notice of a resolution mentioned in subsection (1)(a)”;

by inserting, immediately after subsection (3), the following subsections:“(3A) Where the resolution is proposed to be passed by written means under section 63A, the trustee‑manager of a registered business trust must give and circulate the notice of the resolution mentioned in subsection (1)(a) and statement mentioned in subsection (1)(b) to the unitholders of the registered business trust entitled to have notice of the meeting sent to them by serving on each unitholder —

a copy of the resolution and statement; and

a notification that formal agreement to the resolution is being sought under section 63A.(3B) The trustee‑manager of a registered business trust must give notice of the resolution to any other unitholder of the registered business trust by serving on the unitholder notice of the general effect of the resolution in any manner permitted for giving the unitholder notice of meetings of the unitholders of the registered business trust.”;

by deleting the word “The” in subsection (4) and substituting the words “Except where the resolution is proposed to be passed by written means under section 63A, the”;

by inserting, immediately after the words “subsection (3)” in subsection (4), the words “, or give notice of the general effect of the resolution mentioned in subsection (3B) (as the case may be)”;

by deleting the word “The” in subsection (5) and substituting the words “Subject to subsection (6A), the”;

by inserting, immediately after subsection (6), the following subsections:“(6A) A trustee‑manager of a registered business trust is not bound under this section to give notice of any resolution which is proposed to be passed by written means under section 63A, or to circulate any statement relating thereto, unless —

the requisition setting out the text of the resolution and the statement is received by a director of the trustee‑manager in legible form or a permitted alternative form; and

the notice states that formal agreement to the resolution is sought under section 63A.(6B) Where the requisition under subsection (6A)(a) requests that the date of its receipt by the trustee‑manager of a registered business trust be notified to a specified person, the directors of the trustee‑manager must, without delay after it is first received by a director of the trustee‑manager in legible form or a permitted alternative form, notify that person of the date when it was first so received.”; and

by deleting subsection (9) and substituting the following subsections:“(9) Any trustee‑manager of a registered business trust which contravenes subsection (1), (3), (3A), (3B) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.(10) Every director of the trustee‑manager of a registered business trust who contravenes subsection (6B) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.(11) For the purposes of this section, something is “in legible form or a permitted alternative form” if, and only if, it is sent or otherwise supplied —

in a form (such as a paper document) that is legible before being sent or otherwise supplied and does not change form during that process; or

in another form that —

is currently agreed between the trustee‑manager of the registered business trust and the person as a form in which the thing may be sent or otherwise supplied to the trustee‑manager; and

is such that documents sent or supplied in that form can (where particular conditions are met) be received in legible form or be made legible following receipt in non‑legible form.”.