BODY CORPORATE AND COMMUNITY MANAGEMENT (SMALL SCHEMES MODULE) REGULATION 2008 No. 272 - SECT 42 42 Power of person chairing meeting to rule motion out of order [SM, s 81]
BODY CORPORATE AND COMMUNITY MANAGEMENT (SMALL SCHEMES MODULE) REGULATION 2008 No. 272 - SECT 42
42 Power of person chairing meeting to rule motion out of order [SM, s 81](1) The person chairing a general meeting of the body corporate must rule a motion out of order if--
(a) the motion, if carried, would--
(i) conflict with the Act, this regulation or the by-laws, or a motion already voted on at the meeting; or
(ii) be unlawful or unenforceable for another reason; or
(b) except for a procedural motion for the conduct of the meeting, or a motion to correct minutes--the motion was not stated in the agenda for the meeting.
(2) The person chairing the meeting must, when ruling a motion out of order--
(a) give reasons for the ruling; and
(b) for a ruling given under subsection (1)(a)--state how the ruling may be reversed by the persons present and entitled to vote on the issue.
(3) The persons present and entitled to vote may reverse a ruling given under subsection (1)(a) by passing an ordinary resolution disagreeing with the ruling.
(4) The reasons given by the person chairing the meeting for ruling a motion out of order must be recorded in the minutes of the meeting.