Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 5 - MEETINGS  

PART 5-2 - GENERAL MEETINGS  

Division 201 - What are the rules concerning general meetings?  

Subdivision 201-E - 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.

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.