Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 6 - OFFICERS  

PART 6-6 - MEMBER APPROVAL NEEDED FOR RELATED PARTY BENEFIT  

Division 290 - Procedure for obtaining member approval  

SECTION 290-40   VOTING ON THE RESOLUTION  

290-40(1)    
If any votes on the resolution are cast in contravention of subsection 290-35(1) , it must be the case that the resolution would still be passed even if those votes were disregarded.

290-40(2)    
If a poll was duly demanded on the question that the resolution be passed, subsections (3) and (4) apply in relation to voting on the poll.

290-40(3)    
In relation to each member of the corporation who voted on the resolution in person, the corporation must record in writing:

(a)    the member ' s name; and

(b)    how many votes the member cast for the resolution and how many against.

Penalty: 5 penalty units.

290-40(4)    
In relation to each member of the corporation who voted on the resolution by proxy, or by a representative authorised under section 201-110 , the corporation must record in writing:

(a)    the member ' s name; and

(b)    in relation to each person who voted as proxy, or as such a representative, for the member:

(i) the person ' s name; and

(ii) how many votes the person cast on the resolution as proxy, or as such a representative, for the member; and

(iii) how many of those votes the person cast for the resolution and how many against.

Penalty: 5 penalty units.

290-40(5)    
For 7 years after the day when a resolution under this Division is passed, the corporation must retain the records it made under this section in relation to the resolution.

Penalty: 5 penalty units.

290-40(6)    
An offence against subsection (3) , (4) or (5) is an offence of strict liability.

Note:

For strict liability , see section 6.1 of the Criminal Code .