Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(a) may, subject to paragraph (b), be exercised by him or her if he or she has attained the age of 18 years;
(b) shall not be exercised by him or her if he or she is under a legal disability (not being infancy) that prevents him or her from lawfully dealing with his or her property, but may in that event be exercised by the person who is, for the time being, authorised by law to control that property; and
(c) shall not be exercised by him or her if he or she has not attained the age of 18 years, but may in that event be exercised by his or her guardian.
77. (1) Where for any reason it is impossible or impracticable to obtain the exercise by a person of his or her right to vote on a matter requiring a unanimous resolution or it is not known by what person a right to vote on such a matter is exercisable, the Court, on the application of the corporation or of any other person entitled to vote on the matter, may by order—
(a) appoint a fit and proper person to exercise, on behalf of the first-mentioned person, the right to vote; or
(b) declare that any person's right to vote shall be dispensed with either on a particular occasion or generally.
(2) Where the Court has made an order under paragraph (1) (a), the person appointed by the Court may exercise the right to vote of the person named in the order.
(3) Where the Court has made an order under paragraph (b) of subsection (1) of this section, the provisions of this Division have effect as if no right to vote were exercisable by the person in question on the particular occasion or generally, as the case may be.
(4) In making an order under subsection (1), the Court may make such provision as it thinks necessary or expedient to give effect to the order.
(5) In this section, a reference to a right to vote shall be read as including a reference to a right to appoint a proxy to vote.
78. (1) On or after the constitution of a corporation under section 29, the articles of a corporation shall consist of—
(a) the articles set out in the Schedule, subject to any alteration under section 80; and
(b) where the corporation has 2 or 3 members—such articles relating to voting procedures and dispute resolution as are prescribed by regulation.
(2) Where a corporation has only 2 members, any articles prescribed under paragraph (1) (b) shall include procedures for dealing with a failure to obtain a quorum at a general meeting of the corporation within half an hour after the time fixed for a meeting adjourned under subsection 65 (2).
79. (1) The corporation and each of the members of the corporation are bound by, and have the rights conferred by, the articles of the corporation to the same extent as if—
(a) the corporation and each member had agreed under seal with each other and each other member to be bound by the articles; and
(b) the articles contained covenants on the part of the corporation and each member to observe all the provisions of the articles.
(2) Unless the articles of the corporation otherwise provide, an occupier of a unit, not being the proprietor of the unit, is bound by the articles of the corporation as if he or she were the proprietor of the unit.
80. (1) A corporation may by special resolution alter its articles by amending, rescinding or adding to its articles or by making articles in the place of articles so rescinded.
(1A) Where a corporation has 2 or 3 members, the corporation shall not alter the articles referred to in paragraph 78 (b).
(2) Subject to subsection (3), an alteration of the articles of a corporation—
(a) has no force or effect unless a copy of the special resolution making the alteration, certified under the seal of the corporation as a true copy, is lodged with and registered by the Registrar; and
(b) has force and effect on and from the date of its registration or such later date as is fixed by the special resolution.
(3) To the extent that an alteration of the articles of a corporation results in a provision of the articles—
(a) being inconsistent with a provision of this Act other than a provision in the Schedule to this Act;
(b) imposing a duty or conferring a power on the corporation which is not incidental or ancillary to the performance of the duties or functions, or the exercise of the powers, imposed or conferred on it by this Act; or
(c) prohibiting or restricting the devolution, transfer, lease or mortgage of, or any other dealing with—
(i) an interest in a unit; or
(ii) the equitable estate of the proprietor of a unit in the common property;
the alteration has no force or effect.
81. (1) Part III of the Interpretation Act 1967 applies to and in relation to the articles of a corporation as if the articles were an Act and as if each article were a section of an Act.
(2) Expressions used in the articles of a corporation have, unless the contrary intention appears, the same meaning as in this Act.
82. (1) Subject to subsection (3) of this section, a corporation shall insure and keep insured all buildings and other improvements on the parcel for their replacement value from time to time against all the following risks:
(a) fire, lightning, tempest, earthquake and explosion;
(b) riot, civil commotion, strikes and labour disturbances;
(c) malicious damage;
(d) bursting, leaking and overflowing of boilers, water tanks, water pipes and associated apparatus; and
(e) impact of aircraft (including parts of, and objects falling from, aircraft) and of road vehicles, horses and cattle.
(2) Subject to subsection (3), a corporation shall insure itself and keep itself insured against liability in respect of—
(a) death, bodily injury or illness; or
(b) loss of, or damage to, property;
occurring in connection with the common property as a result of an accident, for such aggregate amount of liability, being not less than $100,000 at any one time, as is determined by the corporation.
(3) A corporation may, by unanimous resolution, resolve that it will not insure against such of the risks referred to in subsections (1) and (2) as are specified in the resolution, and, in that event, the corporation is not required by this section to insure against a risk so specified.
(4) Where a corporation has, under subsection (3), resolved that it will not insure against a particular risk, a proprietor or mortgagee of a unit may at any time serve on the corporation a written notice requiring it to insure against that risk.
(5) The unanimous resolution ceases to have effect in relation to the risk specified in the notice 28 days after the receipt by the corporation of the notice and the corporation shall, in accordance with subsection (1) or (2), as the case may be, insure against that risk.
(6) As soon as is practicable after the receipt by the corporation of the notice, the corporation shall notify every member and every mortgagee of a unit—
(a) of the particulars of the notice and the date of its receipt; and
(b) of the date on and from which the risk specified in the notice is, or is to be, covered by insurance effected by the corporation.
(7) Nothing in this section shall be construed as limiting the right of a corporation to effect such additional insurance as it determines.
(8) In this section—