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 201-100   APPOINTING A PROXY  

201-100(1)    
An appointment of a proxy is valid if it is signed, or otherwise authenticated in a manner prescribed by the regulations, by the member of the Aboriginal and Torres Strait Islander corporation making the appointment and contains the following information:

(a)    the member ' s name and address;

(b)    the corporation ' s name;

(c)    the proxy ' s name or the name of the office held by the proxy;

(d)    the meetings at which the appointment may be used.

An appointment may be a standing one.

201-100(2)    
The regulations made for the purposes of subsection (1) may prescribe different requirements for the authentication of an appointment given to the corporation by different means (electronic or otherwise).

201-100(3)    
The corporation ' s constitution may provide that an appointment is valid even if it contains only some of the information required by subsection (1) .

201-100(4)    
An undated appointment is taken to have been dated on the day it is given to the corporation.

201-100(5)    
An appointment may specify the way the proxy is to vote on a particular resolution. If it does:

(a)    the proxy need not vote on a show of hands, but if the proxy does so, the proxy must vote that way; and

(b)    if the proxy has 2 or more appointments that specify different ways to vote on the resolution - the proxy must not vote on a show of hands; and

(c)    if the proxy is the chair - the proxy must vote on a poll, and must vote that way; and

(d)    if the proxy is not the chair - the proxy need not vote on a poll, but if the proxy does so, the proxy must vote that way.

If a proxy is also a member, this subsection does not affect the way that the person can cast any votes they hold as a member.

Note:

An Aboriginal and Torres Strait Islander corporation ' s constitution may provide that a proxy is not entitled to vote on a show of hands (see subsection 201-95(2) ).

201-100(6)    
A person who contravenes subsection (5) commits an offence, but only if the person ' s appointment as a proxy resulted from the corporation sending to members:

(a)    a list of persons willing to act as proxies; or

(b)    a proxy appointment form holding the person out as being willing to act as a proxy.

Penalty: 5 penalty units.

201-100(7)    
An offence against subsection (6) is an offence of strict liability.

Note:

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

201-100(8)    
An appointment does not have to be witnessed.

201-100(9)    
A later appointment revokes an earlier one if both appointments could not be validly exercised at the meeting.