Commonwealth Consolidated Acts

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Proxy documents

Section applies subject to scheme's constitution

             (1)  Subsections (2), (3) and (4) apply to a registered scheme subject to the provisions of the scheme's constitution.

Documents to be received by responsible entity before meeting

             (2)  For an appointment of a proxy for a meeting of the scheme's members to be effective, the following documents must be received by the responsible entity at least 48 hours before the meeting:

                     (a)  the proxy's appointment

                     (b)  if the appointment is signed by the appointor's attorney--the authority under which the appointment was signed or a certified copy of the authority.

Documents received following adjournment of meeting

             (3)  If a meeting of the scheme's members has been adjourned, an appointment and any authority received by the responsible entity at least 48 hours before the resumption of the meeting are effective for the resumed part of the meeting.

Receipt of documents

          (3A)  For the purposes of this section, a responsible entity receives an appointment or authority when it is received at any of the following:

                     (a)  the responsible entity's registered office;

                     (b)  a fax number at the responsible entity's registered office;

                     (c)  a place, fax number or electronic address specified for the purpose in the notice of meeting.

Note:          For when a document is received by electronic communication, see section 105A.

Ineffective appointments of fax or electronic notification

             (4)  An appointment of a proxy is ineffective if:

                     (a)  the responsible entity receives either or both the appointment or authority at a fax number or electronic address; and

                     (b)  a requirement (if any) in the notice of meeting that:

                              (i)  the transmission be verified in a way specified in the notice; or

                             (ii)  the proxy produce the appointment and authority (if any) at the meeting;

                            is not complied with.

Constitution or notice of meeting may provide for different notification period

             (5)  The scheme's constitution or the notice of meeting may reduce the period of 48 hours referred to in subsection (2) or (3).

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