Commonwealth Consolidated Acts

BANKRUPTCY ACT 1966 - SECT 64ZA

             (1)  This section applies to voting:

                     (a)  at an election under section 64P of a person to preside at a meeting; and

                     (b)  on any motion proposed at a meeting or an amendment proposed to such a motion.

             (2)  In this section:

"creditor" means a creditor who, or whose proxy or attorney, participates in the meeting in person or by telephone.

             (3)  A person other than a creditor is not entitled to vote.

             (4)  Subject to subsections (5) and (6), each creditor is entitled to vote and has one vote.

             (5)  If a creditor is a secured creditor, the creditor is not entitled to vote unless the debt, or the total amount of the debts, owed to the creditor exceeds the amount estimated by the creditor in the statement given to the trustee under section 64D to be the value of the security.

             (6)  A creditor who has failed to give to the trustee a statement in accordance with section 64D is not entitled to vote.

             (7)  A creditor is not disqualified from voting merely because the creditor is the President or the minutes secretary.

             (8)  The trustee may determine any question that arises as to the entitlement of a person to vote.

             (9)  If the trustee needs a period in which to determine a question referred to in subsection (8), the meeting is to be adjourned to such time, date and place as the meeting resolves, being a date not later than 14 days after the date of the original meeting, for the purpose of enabling the trustee to determine the question.