Clause 49

Despite sections 92 and 93, where a notice of meeting or any accounts, balance sheet, financial statements, report or other document is required or permitted to be given, sent or served under this Act or under the trust deed of a registered business trust by the trustee‑manager of the registered business trust or the directors of the trustee‑manager to a unitholder of the registered business trust, that notice or document may be given, sent or served using electronic communications with the express, implied or deemed consent of the unitholder in accordance with the trust deed of the registered business trust.(2) For the purposes of this section, a unitholder has given implied consent if the trust deed of a registered business trust —

provides for the use of electronic communications;

specifies the manner in which electronic communications is to be used; and

provides that the unitholder agrees to receive such notice or document by way of such electronic communications and does not have a right to elect to receive a physical copy of such notice or document.(3) For the purposes of this section, but subject to regulations mentioned in subsection (4), a unitholder is deemed to have consented if —

the unitholder was by written notice given an opportunity to elect, within the period of time specified in the notice, whether to receive the notice or document by way of electronic communications or as a physical copy; and

the unitholder failed to make an election within the time so specified.(4) The Authority may make regulations under section 114 —

to exclude any notice or document or any class of notices or documents from the application of this section;

to provide for safeguards for the use of electronic communications under this section; and

without limiting paragraph (b), to provide that a unitholder who is deemed to have consented to receive notices or documents by way of electronic communications may make a fresh election to receive such notice or document as a physical copy and the manner in which the fresh election may be made.”.