THE CORPORATIONS LAW

CHAPTER 2D - OFFICERS AND EMPLOYEES

PART 2D.3 - APPOINTMENT, REMUNERATION AND CESSATION OF APPOINTMENT OF DIRECTORS

Division 1 - Appointment of directors

SECTION 201E   SPECIAL RULES FOR THE APPOINTMENT OF PUBLIC COMPANY DIRECTORS  

201E(1)  [Method for passing resolution]  

A resolution passed at a general meeting of a public company appointing or confirming the appointment of 2 or more directors is void unless:

(a)  the meeting has resolved that the appointments or confirmations may be voted on together; and

(b)  no votes were cast against the resolution.

201E(2)  [Exclusions]  

This section does not affect:

(a)  a resolution to appoint directors by an amendment to the company's constitution (if any); or

(b)  a ballot or poll to elect 2 or more directors if the ballot or poll does not require members voting for 1 candidate to vote for another candidate.

201E(3)  [Requirement of ballot or poll]  

For the purposes of paragraph (2)(b), a ballot or poll does not require a member to vote for a candidate merely because the member is required to express a preference among individual candidates in order to cast a valid vote.