Regulation 89C

before sending any notice or document by way of electronic communications to a member who is deemed to have consented under section 387C(3) of the Act, the company must have sent separate notice to the member in writing on at least one occasion —

that the member may elect whether to receive notices and documents by way of electronic communications or as a physical copy;

that if the member does not make an election, notices and documents will be sent to the member by way of electronic communications;

either —

where the company’s constitution specifies the means of electronic communications to be used to send notices or documents, that the means of electronic communications that will be used to send notices or documents is that specified in the company’s constitution; or

where the company’s constitution does not specify the means of electronic communications to be used to send notices or documents, that the means of electronic communications that will be used to send notices or documents is by publication on the company’s website that is specified in the separate notice;

that the member may make a fresh election at any time to receive notices or documents by way of electronic communications or as a physical copy; and

that the member’s election to receive notices or documents by way of electronic communications or as a physical copy that is conveyed to the company last in time prevails over all previous elections as the member’s valid and subsisting election in relation to all documents and notices to be sent to the member until the member makes a fresh election;

where a member is deemed to have consented to receive notices or documents by way of electronic communications under section 387C(3) of the Act or where a member has made an election under paragraph (a)(i) or (iv) —

the company must allow the member to make a fresh election at any time to receive notices or documents by way of electronic communications or as a physical copy; and

a member’s election to receive notices or documents by way of electronic communications or as a physical copy that is conveyed to the company last in time prevails over all previous elections as the member’s valid and subsisting election in relation to all documents and notices to be sent to the member;

where a company sends any notice or document to a member by way of electronic communications by publishing the notice or document on the company’s website, the company must send separate notice to the member (using such means as may be specified in the company’s constitution) of the publication and the manner in which the notice or document may be accessed.