THE CORPORATIONS LAW

CCH Note: Part 13 of the Corporations Act 1989, inserted by sec 6 of No 110 of 1990, Sch 1 (effective 1 January 1991), begins as follows:

PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW 82
The Corporations Law is as follows:...

CHAPTER 2G - MEETINGS

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PART 2G.2 - MEETINGS OF MEMBERS OF COMPANIES

Division 6 - Proxies and body corporate representatives

SECTION 249Y RIGHTS OF PROXIES

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249Y(1) Rights of proxies.

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.

249Y(2) Proxy's right to vote.

If a company has a constitution, the 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.

249Y(3) Effect of member's presence on proxy's authority.

A company's constitution (if any) 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.

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