New South Wales Consolidated Acts

ASSOCIATIONS INCORPORATION ACT 1984 - SECT 5

5 Special resolution

(1) For the purposes of this Act, a resolution of an association is a special resolution if:

(a) it is passed by a majority which comprises not less than three-quarters of such members of the association as, being entitled under the rules of the association so to do, vote in person or, where proxies are allowed, by proxy at a general meeting of which not less than 21 days’ written notice specifying the intention to propose the resolution as a special resolution was given in accordance with those rules, or

(b) where it is made to appear to the Director-General that it is not possible or practicable for the resolution to be passed in the manner specified in paragraph (a)-the resolution is passed in a manner specified by the Director-General.

(2) At any meeting at which a resolution proposed as a special resolution is submitted, a declaration by the person chairing the meeting that the resolution has been carried as a special resolution shall be prima facie evidence of the fact unless, during the meeting at which the resolution is submitted, a poll is demanded:

(a) except where paragraph (b) applies, by at least 3 members of the association present in person or, where proxies are allowed, by proxy, or

(b) where the rules of the association make provision for the manner in which the poll may be demanded-in accordance with those rules.

(3) A declaration by the person chairing the meeting as to the result of a poll taken pursuant to a demand as referred to in subsection (2) is prima facie evidence of the matter so declared.