Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
60. (1) A corporation shall hold a general meeting (which shall be called the annual general meeting and may be held in addition to any other general meeting held in the same year) at least once in every year and, except in the case of the first annual general meeting, not more than 15 months after the date of the last annual general meeting.
(2) Subject to this Division, a corporation may hold, adjourn and otherwise regulate general meetings as it thinks fit.
61. (1) The first annual general meeting shall be held within 6 months after the registration of the units plan.
(2) The first annual general meeting may be convened by the committee or by any member of the corporation.
62. (1) The committee—
(a) may, whenever it thinks fit; and
(b) shall, upon a requisition in writing specifying the matters to be considered at a general meeting and made by members having not less than 25% of the aggregate unit entitlement, upon notice given in accordance with section 63, convene a general meeting.
(2) Where a mortgagee has, in a notice given under section 67 or in a subsequent written notice, notified the corporation that he or she is to be regarded as a member of the corporation in respect of that unit for the purposes of subsection (1), the mortgagee shall be deemed for those purposes to be a member of the corporation in respect of that unit.
63. (1) Subject to subsection (2), the time to be fixed for the holding of a general meeting shall be a time which will permit not less than 14 days notice of the time fixed for the meeting to be given.
(2) Where it appears to the committee that a matter to be considered at a general meeting requires a unanimous resolution, the time to be fixed for the holding of the general meeting shall be a time that will permit not less than 21 days notice of the time fixed for the meeting to be given.
(3) A notice for a general meeting—
(a) shall specify the time, date and place fixed for the holding of the meeting;
(b) if it appears to the committee that any matter to be considered at the meeting is a matter that requires a unanimous resolution, shall specify that matter and state the fact that it requires a unanimous resolution; and
(c) shall be given to all the members of the corporation and to all mortgagees who have given notice to the corporation under section 67.
(4) Notice under subsection (3) shall be deemed to have been sufficiently given to a person if sent by prepaid post as a letter properly addressed to the last address of that person notified to the corporation or, if no such address has been so notified, to the person's last known place of abode or, if that person is a body corporate, to its registered office, its place of business or any other known address.
(5) The proceedings at a general meeting are not invalidated—
(a) merely by reason of the fact that a person did not receive notice under this section; or
(b) merely by reason of the fact that such a notice was received by a person less than 14 days or 21 days, as the case may be, before the time fixed for the meeting.
(6) Where notice of a general meeting has been received by a person less than 14 days or 21 days, as the case may be, before the time fixed for the meeting, the meeting shall, if that person so requests, be adjourned to a date to be determined by the persons present and voting at the meeting.
64. (1) At the commencement of a general meeting, the members present shall elect a chairman for the meeting.
(2) If any chairman so elected vacates the chair or is unwilling or unable to act as chairman during the course of the meeting, the members present shall elect another chairman in his or her place.
65. (1) No business shall be transacted at a general meeting unless a quorum is present.
(2) If within half an hour after the time appointed for a general meeting under section 63 a quorum is not present, the meeting shall be adjourned to the same day in the next week at the same place and time.
(3) Subject to subsection (4), a quorum at a general meeting is constituted by—
(a) where the number of members of the corporation is more than 2—persons entitled to exercise voting rights in respect of not less than half the total number of units; or
(b) where the number of members of the corporation is 2—both members of the corporation.
(4) Where—
(a) a meeting is adjourned under subsection (2);
(b) a quorum is not present within half an hour after the time fixed for the adjourned meeting; and
(c) the number of members of the corporation is more than 2;
a quorum is constituted by the persons who are then present and entitled to vote.
66. (1) Subject to section 67, at a general meeting—
(a) where a unanimous resolution is required, each member is entitled to exercise 1 vote; and
(b) where a unanimous resolution is not required, 1 vote is exercisable in respect of each unit and that vote is exercisable by the member who is the proprietor of that unit or, where there are 2 or more proprietors of that unit, jointly by the members who are those proprietors.
(2) Where a corporation has only 2 members, all matters shall be decided by a unanimous vote.
67. (1) Where the estate or interest of the proprietor of a unit is subject to a mortgage or mortgages, the mortgagee or, if there are 2 or more such mortgages, the mortgagee under whichever of those mortgages is entitled to priority over the other mortgage or other mortgages may give the corporation written notice that the unit is subject to the mortgage and that he or she proposes to exercise the rights conferred by this section.
(2) Where a mortgagee of a unit has given notice under subsection (1) and the mortgage has not been discharged, the right to vote in respect of that unit, on a matter requiring a unanimous resolution, that would, but for this subsection, be exercisable by the proprietor of that unit—
(a) shall not be exercised by the proprietor; and
(b) may be exercised by the mortgagee.
(3) Where—
(a) a mortgagee of a unit has given notice under subsection (1);
(b) he or she or his or her proxy is present at a general meeting of the corporation at the time of voting; and
(c) the mortgage has not been discharged,
the right to vote in respect of that unit, on a matter not requiring a unanimous resolution, that would, but for this subsection, be exercisable by the proprietor of that unit—
(d) shall not be exercised by the proprietor; and
(e) may be exercised by the mortgagee.
(4) Where 2 or more persons are mortgagees of a unit as joint tenants or as tenants in common—
(a) the right to give notice under this section is exercisable only by them jointly;
(b) the right to vote conferred upon them by this section is exercisable only by them jointly; and
(c) for the purposes of subsection (3), those mortgagees shall be deemed not to be present at a meeting unless their proxy is present at that meeting.
(5) Where—
(a) the lease of a unit is held by 2 or more persons as tenants in common; and
(b) 1 of those tenants in common has mortgaged his or her estate or interest as registered proprietor of the lease;
the mortgagee may give notice to the corporation in accordance with subsection (1) and thereupon subsections (1) to (4) (inclusive) apply in relation to the right to vote that the mortgagor would, but for this subsection, be entitled to exercise.