Commonwealth Consolidated Acts

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CORPORATIONS ACT 2001 - SECT 253J

How voting is carried out

             (1)  A special or extraordinary resolution put to the vote at a meeting of a registered scheme's members must be decided on a poll.

          (1A)  A resolution put to the vote at a meeting of the members of a registered scheme that is listed must be decided on a poll if:

                     (a)  the notice of the meeting set out an intention to propose the resolution and stated the resolution; or

                     (b)  the responsible entity of the scheme has given notice of the resolution in accordance with section 252M (member's resolutions).

             (2)  Any other resolution put to the vote at a meeting of a registered scheme's members may be decided on a show of hands unless a poll is demanded.

          (2A)  A resolution mentioned in subsection (1A) or (2) is passed on a poll if it has been passed by more than 50% of the votes cast by members entitled to vote on the resolution.

             (3)  On a show of hands, a declaration by the chair is conclusive evidence of the result. Neither the chair nor the minutes need to state the number or proportion of the votes recorded in favour or against.

Note:          Even though the chair's declaration is conclusive of the voting results, the members present may demand a poll (see paragraph 253L(3)(c)).



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