Commonwealth Consolidated Acts

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Special rules for the appointment of public company directors

  (1)   A resolution passed at a general meeting of a public company appointing or confirming the appointment of 2 or more directors is void unless:

  (a)   the meeting has resolved that the appointments or confirmations may be voted on together; and

  (b)   no votes were cast against the resolution.

  (2)   This section does not affect:

  (a)   a resolution to appoint directors by an amendment to the company's constitution (if any); or

  (b)   a ballot or poll to elect 2 or more directors if the ballot or poll does not require members voting for 1 candidate to vote for another candidate.

  (3)   For the purposes of paragraph   (2)(b), a ballot or poll does not require a member to vote for a candidate merely because the member is required to express a preference among individual candidates in order to cast a valid vote.

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