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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