Section 600G provides the methods for electronic methods of giving or sending certain notices.
When to use electronic communications:
Electronic communication is allowed for communications under certain provisions in the Corporations Act 2001 (amended by the Insolvency Law Review Act 2016). Electronic communications is not allowed for communications under the Regulations.
Notice in writing:
Written notices, as the phrase suggests, refers to notices provided in writing.
Where a creditor has agreed to accept communications electronically, then written notices may be communicated electronically, where specifically catered for in the Act.
Creditor registration with the online portal uniquely identifies an individual and confirms the user nominates to receive communications electronically.
There are other means (used in the software) for a creditor to nominate to receive electronic communications, that doesn't require online registration.
When electronic communications are allowed / Information provided to creditors:
Electronic notices are available for the following information:
• Initial report to creditors
• Statutory reports by Liquidator
• Remuneration information
• Administration reports
• S439A meeting reports
An external administrator is authorised to give or send notices electronically under any of the following provisions:
s436E(3)(a) A company under administration convening the first meeting of creditors
s450A(3) Appointment of administrator
s450B(a) Execution of deed of company arrangement
s450C(b) Failure to execute deed of company arrangement
s450D(b) Termination of deed of company arrangement
s497(1)(a) Information about the company's affairs
s568A(1)(b) Liquidator must give notice of disclaiming property
s579J: s579J(1); s579J(2); s579K(1); s579K(2); s579K(3); s579K(4)
NB As per ARITA FAQs version 26/9/2017
Website link notification: Section 600G(1) does not refer to ss 436DA and 506A which means that the ‘electronic means’ in s 600G(4) – eg, website link of which the recipient is notified - cannot be utilised for DIRRIs which must be given to creditors under those provisions. Therefore, it appears that DIRRIs must be sent by mail.
Notice having been sent
In the absence of evidence to the contrary, a statement in accordance with the approved form by the person convening a meeting (or a person acting on his or her behalf) is sufficient proof of the notice having been sent to a person at the address specified for that person in that notice.
If the notifier makes the notice or document publicly available by electronic means, the notifier may give or send the notice or document to the recipient by notifying the recipient (using the electronic means nominated by the recipient.
A notice is sent electronically (either by email or by identifying it is available for download from a website), is taken to be given or sent on the business day after it is sent (dispatched).