Corporations (Aboriginal and Torres Strait Islander) Act 2006
CHAPTER 5
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MEETINGS
PART 5-2
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GENERAL MEETINGS
Division 201
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What are the rules concerning general meetings?
Subdivision 201-E
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Proxies
SECTION 201-100
APPOINTING A PROXY
201-100(1)
An appointment of a proxy is valid if it is signed, or otherwise authenticated in a manner prescribed by the regulations, by the member of the Aboriginal and Torres Strait Islander corporation making the appointment and contains the following information: (a) the member ' s name and address; (b) the corporation ' s name; (c) the proxy ' s name or the name of the office held by the proxy; (d) the meetings at which the appointment may be used.
201-100(2)
The regulations made for the purposes of subsection (1) may prescribe different requirements for the authentication of an appointment given to the corporation by different means (electronic or otherwise).
201-100(3)
The corporation ' s constitution may provide that an appointment is valid even if it contains only some of the information required by subsection (1) .
201-100(4)
An undated appointment is taken to have been dated on the day it is given to the corporation.
201-100(5)
An appointment may specify the way the proxy is to vote on a particular resolution. If it does: (a) the proxy need not vote on a show of hands, but if the proxy does so, the proxy must vote that way; and (b) if the proxy has 2 or more appointments that specify different ways to vote on the resolution - the proxy must not vote on a show of hands; and (c) if the proxy is the chair - the proxy must vote on a poll, and must vote that way; and (d) if the proxy is not the chair - the proxy need not vote on a poll, but if the proxy does so, the proxy must vote that way.
201-100(6)
A person who contravenes subsection (5) commits an offence, but only if the person ' s appointment as a proxy resulted from the corporation sending to members: (a) a list of persons willing to act as proxies; or (b) a proxy appointment form holding the person out as being willing to act as a proxy.
201-100(7)
An offence against subsection (6) is an offence of strict liability.
201-100(8)
An appointment does not have to be witnessed.
201-100(9)
A later appointment revokes an earlier one if both appointments could not be validly exercised at the meeting.
An appointment of a proxy is valid if it is signed, or otherwise authenticated in a manner prescribed by the regulations, by the member of the Aboriginal and Torres Strait Islander corporation making the appointment and contains the following information: (a) the member ' s name and address; (b) the corporation ' s name; (c) the proxy ' s name or the name of the office held by the proxy; (d) the meetings at which the appointment may be used.
An appointment may be a standing one.
201-100(2)
The regulations made for the purposes of subsection (1) may prescribe different requirements for the authentication of an appointment given to the corporation by different means (electronic or otherwise).
201-100(3)
The corporation ' s constitution may provide that an appointment is valid even if it contains only some of the information required by subsection (1) .
201-100(4)
An undated appointment is taken to have been dated on the day it is given to the corporation.
201-100(5)
An appointment may specify the way the proxy is to vote on a particular resolution. If it does: (a) the proxy need not vote on a show of hands, but if the proxy does so, the proxy must vote that way; and (b) if the proxy has 2 or more appointments that specify different ways to vote on the resolution - the proxy must not vote on a show of hands; and (c) if the proxy is the chair - the proxy must vote on a poll, and must vote that way; and (d) if the proxy is not the chair - the proxy need not vote on a poll, but if the proxy does so, the proxy must vote that way.
If a proxy is also a member, this subsection does not affect the way that the person can cast any votes they hold as a member.
Note:
An Aboriginal and Torres Strait Islander corporation ' s constitution may provide that a proxy is not entitled to vote on a show of hands (see subsection 201-95(2) ).
201-100(6)
A person who contravenes subsection (5) commits an offence, but only if the person ' s appointment as a proxy resulted from the corporation sending to members: (a) a list of persons willing to act as proxies; or (b) a proxy appointment form holding the person out as being willing to act as a proxy.
Penalty: 5 penalty units.
201-100(7)
An offence against subsection (6) is an offence of strict liability.
Note:
For strict liability , see section 6.1 of the Criminal Code .
201-100(8)
An appointment does not have to be witnessed.
201-100(9)
A later appointment revokes an earlier one if both appointments could not be validly exercised at the meeting.