CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 201.95 Rights of proxies

CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 201.95

Rights of proxies

  (1)   A proxy appointed to attend and vote for a member has the same rights as the member:

  (a)   to speak at the meeting; and

  (b)   to vote (but only to the extent allowed by the appointment); and

  (c)   join in a demand for a poll.

Proxy's right to vote

  (2)   An Aboriginal and Torres Strait Islander corporation's constitution may provide that a proxy is not entitled to vote on a show of hands.

Note:   Even if the proxy is not entitled to vote on a show of hands, they may make or join in the demand for a poll.

Effect of member's presence on proxy's authority

  (3)   An Aboriginal and Torres Strait Islander corporation's constitution may provide for the effect that a member's presence at a meeting has on the authority of a proxy appointed to attend and vote for the member. However, if the constitution does not deal with this, a proxy's authority to speak and vote for a member at a meeting is suspended while the member is present at the meeting.

Exercise of proxies

  (4)   A person must not exercise proxies for more than the number of members:

  (a)   prescribed in the regulations for the purposes of this subsection; or

  (b)   worked out using the method prescribed in the regulations for the purposes of this subsection.

Penalty:   5 penalty units.

  (5)   To avoid doubt, a contravention of subsection   (4) does not affect the validity of the votes cast.