Corporations (Aboriginal and Torres Strait Islander) Act 2006
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 .
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