Corporations Regulations 2001

CHAPTER 12 - FINANCIAL SECTOR REFORM  

PART 12.4 - NOTICE OF MEETINGS OF CERTAIN BODIES CORPORATE  

REGULATION 12.4.03   MEMBERS ETC MAY ELECT TO BE NOTIFIED OF MEETINGS  

12.4.03(1)   [ Notice to member or applicant]  

The body corporate may give notice to a member, or to an applicant for membership, of the body corporate that he or she may elect to receive notice under subsection 249J(1) of the Act of meetings of members of the body corporate.

12.4.03(2)   [ Content requirements]  

The notice must include a statement to the effect that:

(a) attendance at the AGM, and other meetings of members, of the body corporate enables the members:

(i) to participate in the governance of the body corporate; and

(ii) to ask questions about, and comment on, the management of the body corporate, its financial standing and performance; and

(iii) to ask the auditor of the body corporate questions about the conduct of the audit of the body corporate and the preparation and content of the auditor's report; and

(iv) to vote on any proposal to amend the constitution of the body corporate or on any other matter in relation to the management of the body corporate; and

(b) notice of meetings informs members about matters in relation to which they may wish to attend a meeting; and

(c) a member of the body corporate who is entitled to attend, and cast a vote at, a meeting may appoint a proxy to attend and vote for the member at the meeting; and

(d) if the member does not elect to receive notice, the body corporate is not required to give notice of its meetings to the member; and

(e) despite a member of the body corporate electing not to receive notice of its meetings, or not making an election, the member may at any time request the body corporate to give the member personal notice of the meetings.

12.4.03(3)   [ Election not made]  

The member or applicant is taken not to have made an election if the body corporate has not received the election within 21 days of the notice being given in accordance with subregulation (1).

12.4.03(4)   [ Exemption from certain provisions]  

If the member elects not to receive notice of meetings, or does not make an election, subsection 249H(1), section 249J, subsection 249P(6) and paragraph 249Z(b) of the Act do not apply to the body corporate in relation to the member.

12.4.03(5)   [ Exemption upon subsequent membership]  

If the applicant elects not to receive notice of meetings, or does not make an election, subsection 249H(1), section 249J, subsection 249P(6) and paragraph 249Z(b) of the Act do not apply to the body corporate in relation to the applicant if he or she becomes a member of the body corporate to whom this Part applies.