—(1) Where any accounts, balance sheet, 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;
an officer of the trustee-manager; or
the auditor of the registered business trust,
that document may be given, sent or served using electronic communications to the current address of that person.
(2) For the purposes of this section, any account, balance sheet, report or other document shall also be treated as given or sent to, or served on, a person where —
the trustee-manager of a registered business trust and that person have agreed in writing to his having access to documents on a website (instead of their being sent to him);
the document is a document to which that agreement applies;
the document is published on the website such that it is or can be made legible; and
that person is notified, in a manner for the time being agreed between him and the trustee-manager for that purpose, of —
the publication of the document on that website;
the address of that website; and
the place on that website where the documents may be accessed, and how it may be accessed.
(3) Where any provision of this Act or of the trust deed of a registered business trust requires any document to be given or sent to, or served on, a person not less then a specified number of days before a meeting, that document, if treated in accordance with subsection (2) as given or sent to, or served on, any person, shall be treated as given or sent to, or served on, the person not less than the specified number of days before the date of a meeting if, and only if —
the document is published on and remains accessible to that person from the website throughout a period beginning before the specified number of days before the date of the meeting and ending with the conclusion of the meeting; and
the notification given for the purpose of subsection (2) (d) is given not less than the specified number of days before the date of the meeting.
(4) Nothing in subsection (3) shall invalidate the proceedings of a meeting where —
any document that is required to be published and remain accessible as mentioned in paragraph (a) of that subsection is published and remains accessible for a part, but not all, of the period mentioned in that paragraph; and
the failure to publish and make accessible that document throughout that period is wholly attributable to circumstances which it would not be reasonable to have expected the trustee-manager of a registered business trust to prevent or avoid.
(5) The trustee-manager of a registered business trust may, notwithstanding any provision to the contrary in the trust deed of the registered business trust, take advantage of subsection (1), (2), (3) or (4).
[Companies 1994 Ed., s. 387B]