Commonwealth Consolidated Acts

BANKRUPTCY ACT 1966 - SECT 64P

             (1)  The trustee must:

                     (a)  invite the creditors and their representatives to nominate a person for election to preside at the meeting; or

                     (b)  if no person is so nominated--nominate a person for election to preside at the meeting.

             (2)  Anyone participating in person in the meeting, whether or not a creditor or a proxy or attorney of a creditor, and including the trustee but not including the bankrupt, is eligible to be nominated for appointment, and may be elected, to preside at the meeting.

             (3)  If only one person is nominated, that person is taken to be elected to preside at the meeting.

             (4)  If 2 or more persons are nominated, an election is to be held to determine which of the persons nominated is to preside at the meeting and the person who receives the greatest number of votes (whether or not a majority of the votes cast) is taken to be elected to preside at the meeting.

             (5)  Subject to subsection (6), voting at the election is to be on the voices.

             (6)  If the trustee is unable to determine which of the persons nominated received the greatest number of the votes on the voices, the trustee must ask each creditor, and each proxy or attorney, participating in person or by telephone to state for which nominee the creditor, proxy or attorney is casting a vote or whether the creditor, proxy or attorney is abstaining from casting a vote.

             (7)  If 2 or more persons each receive the greatest number of votes, the trustee must decide by lot which of those persons is to be chosen to preside at the meeting, and the person so chosen is taken to be elected to preside at the meeting.

             (8)  A person elected under this section to preside at the meeting is to preside at all times after he or she is elected.

             (9)  If a person so elected subsequently refuses, or is unable, to preside, or to continue to preside, at the meeting, the preceding provisions of this section apply for the purpose of electing another person to preside at the meeting.