Western Australian Consolidated Regulations

COAL INDUSTRY SUPERANNUATION REGULATIONS 1990 - SCHEDULE 3

[Reg. 51]

General meetings of members of the Fund

1 .         Notice of meeting

                Not less than 7 and not more than 30 days’ notice in writing of a general meeting shall be given but the accidental omission to give notice to or the non-receipt of the notice by any member shall not invalidate the proceedings at any general meeting.

2 .         Quorum

        (1)         A quorum is present at a general meeting if not less than 5% of the members are present.

        (2)         If a quorum is not present within half an hour after the time appointed for a general meeting the meeting shall take place but the Board is not obliged to consider any resolution of that meeting until the resolution is ratified at a general meeting at which a quorum is present.

3 .         Chairman

                The chairman of any general meeting shall be appointed by the Board.

4 .         Board members may attend

                Members of the Board shall be entitled to be present at general meetings but a member of the Board who is not a member of the Fund shall not be entitled to vote at a general meeting.

5 .         Annual general meeting

        (1)         An annual general meeting shall be held not later than 90 days after the annual report of the Board is submitted under section 66 of the Financial Administration and Audit Act 1985 .

        (2)         An annual general meeting — 

            (a)         shall consider the annual report of the Board submitted under section 66 of the Financial Administration and Audit Act 1985 in respect of the preceding financial year;

            (b)         shall consider any business of which notice has been given in the notice of meeting; and

            (c)         may consider any other business that may be relevant to the operation of the Fund.

        [Clause 5 amended in Gazette 31 Dec 1992 p. 6369.]

6 .         Special general meeting

                A special general meeting — 

            (a)         shall consider any business of which notice has been given in the notice of meeting; and

            (b)         may consider any other business that may be relevant to the purpose of the meeting.

7 .         Mode of voting on motions

        (1)         Subject to subclause (3), at a general meeting a motion put to the vote of the meeting shall be decided — 

            (a)         by a simple majority of the votes of the members present and voting; and

            (b)         on a show of hands unless before or on the declaration of the result of the show of hands a poll is demanded by a member present.

        (2)         A demand for a poll under subclause (1)(b) may be withdrawn.

        (3)         Where a poll on a motion is demanded under subclause (1)(b) the vote of a member not present at the general meeting shall be counted if it was lodged, in writing, with the secretary of the Board not less than 24 hours before the general meeting.

        [Clause 7 amended in Gazette 8 Sep 1998 p. 4911.]

8 .         Voting rights

        (1)         Each member present at a general meeting, or whose vote is counted at a general meeting under clause 7(3), shall have one vote.

        (2)         The chairman of a general meeting shall not have a second or casting vote.

9 .         Minutes

                Minutes shall be kept of each general meeting and such minutes if purporting to be signed by the chairman of the general meeting or of the next succeeding general meeting shall be prima facie evidence of the matters contained in those minutes.

10 .         Procedure

                Except as provided in this Schedule a general meeting may determine its own procedure.