Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 29

Special resolution

29. Special resolution



(1) For the purpose of this Act a resolution of an incorporated association is
a special resolution if it is passed in accordance with this section.



(2) A special resolution is passed at a meeting if-

   (a)  of the entitled members of the incorporated association who vote in
        person or (if proxies are allowed) by proxy at the meeting, not less
        than three quarters vote in favour of the resolution; and

   (b)  any additional requirements of the rules of the incorporated
        association relating to the passing of a special resolution have been
        met.

(2A) If, in the opinion of the Registrar it is not practicable for a
resolution to be passed in the manner specified in subsection (2)(a), the
resolution may be passed in a manner specified by the Registrar.

(2B) An incorporated association may apply to the Registrar for approval to
pass a special resolution otherwise than in the manner specified in subsection
(2)(a).

(3) A resolution is not to be considered to have been passed as a special
resolution under subsection (2) unless not less than 21 days notice has been
given in accordance with the rules to all of the entitled members of the
incorporated association-

   (a)  stating in full the proposed resolution; and

   (b)  specifying the intention to propose the resolution as a special
        resolution.

(4) At any meeting at which a special resolution is submitted, a declaration
by the chairperson that the resolution has been carried is conclusive proof of
the fact unless a poll is demanded.

(5) In this section entitled member means a member of the incorporated
association who is entitled under the rules of the incorporated association to
vote.