CITY OF MELBOURNE ACT 2001 - SECT 9D Procedure in relation to representatives of corporations

CITY OF MELBOURNE ACT 2001 - SECT 9D

S. 9D(1) amended by No. 9/2020 s. 338(6).

    (1)     This section applies if a corporation is the sole owner or occupier of any rateable property in the municipal district and the Chief Executive Officer has not received before the close of the roll notice under section 9C that the corporation has appointed 2 representatives who are eligible to be enrolled.

S. 9D(2) amended by No. 35/2008 s. 42(1)(2), substituted by No. 9/2020 s. 340(1).

    (2)     If the corporation has validly appointed one representative, the Chief Executive Officer must enrol as a representative of the corporation the next available person determined in accordance with subsection (3).

S. 9D(3) amended by No. 35/2008 s. 42(2)(3), substituted by No. 9/2020 s. 340(1).

    (3)     If the corporation has not validly appointed any representatives, the Chief Executive Officer must enrol as representatives of the corporation the first 2 of the following in the order listed—

        (a)     company secretaries whose postal addresses are in Victoria (in alphabetical order);

        (b)     company secretaries whose postal addresses are elsewhere in Australia (in alphabetical order);

        (c)     directors whose postal addresses are in Victoria (in alphabetical order);

        (d)     directors whose postal addresses are elsewhere in Australia (in alphabetical order).

    (4)     Despite subsections (2) and (3), if a person required to be enrolled as a representative of the corporation by applying those subsections is otherwise entitled to be enrolled, the Chief Executive Officer must not enrol that person as a representative of that corporation under this section.

S. 9D(5) amended by No. 9/2020 s. 340(2).

    (5)     For the purposes of subsections (2) and (3), the Chief Executive Officer may use the most recent information from the Australian Securities and Investments Commission or other appropriate public body concerning the name, address and age of the persons specified in those subsections.

    (6)     The Chief Executive Officer must advise the corporation in writing of any person who has been enrolled as a representative of the corporation under this section.

S. 9E inserted by No. 109/2003 s. 97.