New South Wales Consolidated Acts

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CO-OPERATIVES ACT 1992 - SECT 194

Special postal ballots

194 Special postal ballots

(cf Vic Act s 200)

(1) A special postal ballot is a postal ballot that is conducted as required by this section.
(2) The ballot must not be held less than 21 days after notice of the ballot is given to members so as to enable sufficient time for a meeting to discuss the proposal that is the subject of the ballot to be convened and held (whether by the board or on the requisition of members).
(3) The co-operative must send to each member (along with any other material required to be sent in connection with the postal ballot) a disclosure statement approved by the Registrar and containing information concerning:
(a) the financial position of the co-operative,
(b) the interests of the directors of the co-operative in the proposal with which the ballot is concerned, including any interests of the directors in another organisation concerned in the proposal,
(c) any compensation or consideration to be paid to officers or members of the co-operative in connection with the proposal, and
(d) such other matters as the Registrar directs.
(4) If the Registrar so requires, the statement is to be accompanied by a report made by an independent person approved by the Registrar concerning such matters as the Registrar directs.
(5) Sections 17 (except subsections (2), (4) and (11)) and 28A apply to the approval of a disclosure statement under this section with any necessary modifications and in particular as if any reference in section 17 to a formation meeting were a reference to the notice of the special postal ballot.



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