Clause 17

This section applies to the following types of meetings:

any general meeting of the unitholders of a registered business trust (including an annual general meeting and an extraordinary general meeting);

any meeting of any class of unitholders;

a meeting ordered by the court under section 61, if the court so directs.(2) Unless excluded under subsection (5) or (8), a meeting to which this section applies may be held —

at a physical place;

at a physical place and using virtual meeting technology; or

using virtual meeting technology only.(3) Where a meeting to which this section applies under subsection (2)(b) or (c) is held, the meeting may be held without any number of those participating in the meeting being together at the same place.(4) Unless excluded or modified under subsection (5) or excluded under subsection (8), where a meeting to which this section applies is held (whether wholly or partly) using virtual meeting technology —

a reference in this Act to any person (including any unitholder of a registered business trust) attending a meeting includes a person who is attending the meeting using virtual meeting technology;

a reference in this Act to any person (including any unitholder of a registered business trust) present or personally present at a meeting includes a person who attends the meeting using virtual meeting technology;

subject to paragraph (f), a reference in this Act to a vote of a unitholder of a registered business trust at a meeting (including a vote for the purposes of electing a chairperson of a meeting), includes a vote by electronic means or any other means permitted by the trust deed of the registered business trust;

subject to paragraph (f), a reference in this Act to voting by a unitholder of a registered business trust at a meeting (including voting for the purposes of electing a chairperson of a meeting), includes voting by electronic means or any other means permitted by the trust deed of the registered business trust;

subject to paragraph (f), a reference in this Act to the entitlement or right of a person to vote at a meeting includes, where the person is present by virtual meeting technology, the entitlement or right to vote by electronic means or any other means permitted by the trust deed of the registered business trust;

a reference in this Act to voting by a unitholder of a registered business trust on a show of hands at a meeting includes, where the unitholder is present by virtual meeting technology, voting by the unitholder by electronic means or any other means permitted by the trust deed of the registered business trust but only if the unitholder can be identified —

by any method that may be prescribed relating to the verification or authentication of the identity of unitholders attending the meeting; or

if no method is so prescribed, by any method that the directors of the trustee‑manager of the business trust may determine;

a reference in this Act to the entitlement or right of a person to be heard at a meeting includes, where the person is present by virtual meeting technology, the entitlement or right to be heard by any means of synchronous communication that the directors of the trustee‑manager of the registered business trust may determine;

a reference in this Act to the right of a unitholder of a registered business trust to speak on any resolution before a meeting includes, where the unitholder is present by virtual meeting technology, the right to communicate by any means of synchronous communication that the directors of the trustee‑manager of the registered business trust may determine;

a reference in this Act to the right of a person to speak at a meeting includes, where the person is present by virtual meeting technology, the right to communicate by any means of synchronous communication that the directors of the trustee‑manager of the registered business trust may determine;

a reference in this Act to any representation being read out or declaration being made at a meeting includes the communication of that representation or declaration at the meeting by any means of synchronous communication that the directors of the trustee‑manager of the registered business trust may determine;

a reference in this Act to an auditor’s report being read before the unitholders of the registered business trust in general meeting includes the communication of the contents of that auditor’s report at the general meeting by any means of synchronous communication that the directors of the trustee‑manager of the registered business trust may determine;

a reference in this Act to the production of the register of the trustee‑manager of the registered business trust at the commencement of the annual general meeting and to the keeping of the register open and accessible during the meeting to all persons attending the meeting includes making the register available —

on a website during the meeting; or

by any other means during the meeting that may be determined by a resolution passed by unitholders holding in the aggregate a majority of the voting rights of all the unitholders of the registered business trust who, being entitled to do so, vote in person or, where proxies are allowed, by proxy;

a reference in this Act to the laying of a profit and loss account or statement before the unitholders of a registered business trust includes producing or making available the relevant document —

on a website; or

by any other means that may be determined by a resolution passed by unitholders holding in the aggregate a majority of the voting rights of all the unitholders of the registered business trust who, being entitled to do so, vote in person or, where proxies are allowed, by proxy; and

a reference in this Act to any accounts, balance sheet, cash flow statement, profit and loss account, report, statement, auditor’s report or other document being laid or caused to be laid before the unitholders of a registered business trust includes the relevant document being produced or made available or caused to be produced or made available —

on a website; or

by any other means that may be determined by a resolution passed by unitholders holding in the aggregate a majority of the voting rights of all the unitholders of the registered business trust who, being entitled to do so, vote in person or, where proxies are allowed, by proxy.(5) This section applies despite the provisions contained in the trust deed of a registered business trust, except where —

in the case of a registered business trust registered before 1 July 2023, the trust deed of the registered business trust is on or after that date modified or replaced —

to exclude the application of paragraph (b) or (c) of subsection (2) (or both) in respect of all or any meetings to which this section applies; or

to exclude or modify the application of paragraphs (a) to (n) of subsection (4) (or any of those paragraphs) in respect of all or any meetings to which this section applies; or

in the case of a registered business trust registered on or after 1 July 2023 —

the trust deed of the registered business trust —

excludes the application of paragraph (b) or (c) of subsection (2) (or both) in respect of all or any meetings to which this section applies; or

excludes or modifies the application of paragraphs (a) to (n) of subsection (4) (or any of those paragraphs) in respect of all or any meetings to which this section applies; or

the trust deed of the registered business trust is, at any time after the registered business trust is registered, modified or replaced —

to exclude the application of paragraph (b) or (c) of subsection (2) (or both) in respect of all or any meetings to which this section applies; or

to exclude or modify the application of paragraphs (a) to (n) of subsection (4) (or any of those paragraphs) in respect of all or any meetings to which this section applies.(6) In subsection (4), a reference to a person includes, where appropriate, the person’s proxy.(7) In this section and section 114, “virtual meeting technology” means any technology that allows a person to participate in a meeting without being physically present at the place of meeting.(8) The Authority may, by order in the Gazette, exclude the application of subsection (2)(c) in respect of any prescribed class of registered business trusts.”.

in paragraph (m), replace “a profit and loss account” with “any financial statement”; and

in paragraph (n), replace “any accounts, balance sheet, cash flow statement, profit and loss account, report, statement, auditor’s report or other document” with “any auditor’s report, balance sheet, consolidated financial statement, financial statement, statement or other document”.