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 201-95
RIGHTS OF PROXIES
Rights of proxies
201-95(1)
A proxy appointed to attend and vote for a member has the same rights as the member: (a) to speak at the meeting; and (b) to vote (but only to the extent allowed by the appointment); and (c) join in a demand for a poll.
Proxy ' s right to vote
201-95(2)
An Aboriginal and Torres Strait Islander corporation ' s constitution may provide that a proxy is not entitled to vote on a show of hands.
Effect of member ' s presence on proxy ' s authority
201-95(3)
An Aboriginal and Torres Strait Islander corporation ' s constitution may provide for the effect that a member ' s presence at a meeting has on the authority of a proxy appointed to attend and vote for the member. However, if the constitution does not deal with this, a proxy ' s authority to speak and vote for a member at a meeting is suspended while the member is present at the meeting.
Exercise of proxies
201-95(4)
A person must not exercise proxies for more than the number of members: (a) prescribed in the regulations for the purposes of this subsection; or (b) worked out using the method prescribed in the regulations for the purposes of this subsection.
201-95(5)
To avoid doubt, a contravention of subsection (4) does not affect the validity of the votes cast.
Rights of proxies
201-95(1)
A proxy appointed to attend and vote for a member has the same rights as the member: (a) to speak at the meeting; and (b) to vote (but only to the extent allowed by the appointment); and (c) join in a demand for a poll.
Proxy ' s right to vote
201-95(2)
An Aboriginal and Torres Strait Islander corporation ' s constitution may provide that a proxy is not entitled to vote on a show of hands.
Note:
Even if the proxy is not entitled to vote on a show of hands, they may make or join in the demand for a poll.
Effect of member ' s presence on proxy ' s authority
201-95(3)
An Aboriginal and Torres Strait Islander corporation ' s constitution may provide for the effect that a member ' s presence at a meeting has on the authority of a proxy appointed to attend and vote for the member. However, if the constitution does not deal with this, a proxy ' s authority to speak and vote for a member at a meeting is suspended while the member is present at the meeting.
Exercise of proxies
201-95(4)
A person must not exercise proxies for more than the number of members: (a) prescribed in the regulations for the purposes of this subsection; or (b) worked out using the method prescribed in the regulations for the purposes of this subsection.
Penalty: 5 penalty units.
201-95(5)
To avoid doubt, a contravention of subsection (4) does not affect the validity of the votes cast.