S 64ZA repealed by No 11 of 2016, s 3 and Sch 1 item 24, applicable in relation to the administration of regulated debtors
'
estates on and after 1 September 2017. S 64ZA formerly read:
SECTION 64ZA ENTITLEMENT TO VOTE
64ZA(1)
This section applies to voting:
(a)
at an election under section
64P
of a person to preside at a meeting; and
(b)
on any motion proposed at a meeting or an amendment proposed to such a motion.
64ZA(2)
In this section:
creditor
means a creditor who, or whose proxy or attorney, participates in the meeting in person or by telephone.
64ZA(3)
A person other than a creditor is not entitled to vote.
64ZA(4)
Subject to subsections (5) and (6), each creditor is entitled to vote and has one vote.
64ZA(5)
If a creditor is a secured creditor, the creditor is not entitled to vote unless the debt, or the total amount of the debts, owed to the creditor exceeds the amount estimated by the creditor in the statement given to the trustee under section
64D
to be the value of the security.
History
S 64ZA(5) amended by No 131 of 2002 (as amended by No 80 of 2004, s 3 and Sch 7), s 3 and Sch 1 items 52 and 209, by substituting
"
is a secured creditor
"
for
"
holds a security in respect of a debt
"
, applicable to meetings of which notice is given after 5 May 2003. For additional provision on the commencement of No 131 of 2002, see note under s 33A.
64ZA(6)
A creditor who has failed to give to the trustee a statement in accordance with section
64D
is not entitled to vote.
64ZA(7)
A creditor is not disqualified from voting merely because the creditor is the President or the minutes secretary.
64ZA(8)
The trustee may determine any question that arises as to the entitlement of a person to vote.
64ZA(9)
If the trustee needs a period in which to determine a question referred to in subsection (8), the meeting is to be adjourned to such time, date and place as the meeting resolves, being a date not later than 14 days after the date of the original meeting, for the purpose of enabling the trustee to determine the question.
S 64ZA inserted by No 9 of 1992, s 12.
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