New South Wales Consolidated Acts

ASSOCIATIONS INCORPORATION ACT 2009 - SECT 39

39 Voting on special resolutions

(1) A resolution is passed by an association as a
"special resolution" --

(a) at a meeting of the association of which notice has been given to its members no later than 21 days before the date on which the meeting is held, or

(b) in a postal or electronic ballot conducted by the association, or

(c) in such other manner as the Secretary may direct,

if it is supported by at least three-quarters of the votes cast by members of the association who, under the association's constitution, are entitled to vote on the proposed resolution.

(2) A notice referred to in subsection (1) (a) must include the terms of the resolution and a statement to the effect that the resolution is intended to be passed as a special resolution.

(3) A postal or electronic ballot referred to in subsection (1)(b) must be conducted in accordance with the regulations.

(4) A direction under subsection (1) (c) may not be given unless the Secretary is satisfied that, in the circumstances, it is impracticable to require votes to be cast in the manner provided by subsection (1) (a) or (b).