Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p46
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 46/175)
Character Range: 287362–289963

or otherwise).
 (3) The corporation's constitution may provide that an appointment is valid even if it contains only some of the information required by subsection (1).
 (4) An undated appointment is taken to have been dated on the day it is given to the corporation.
 (5) An appointment may specify the way the proxy is to vote on a particular resolution. If it does:
 (a) the proxy need not vote on a show of hands, but if the proxy does so, the proxy must vote that way; and
 (b) if the proxy has 2 or more appointments that specify different ways to vote on the resolution—the proxy must not vote on a show of hands; and
 (c) if the proxy is the chair—the proxy must vote on a poll, and must vote that way; and
 (d) if the proxy is not the chair—the proxy need not vote on a poll, but if the proxy does so, the proxy must vote that way.
If a proxy is also a member, this subsection does not affect the way that the person can cast any votes they hold as a member.
Note: An Aboriginal and Torres Strait Islander corporation's constitution may provide that a proxy is not entitled to vote on a show of hands (see subsection 201‑95(2)).
 (6) A person who contravenes subsection (5) commits an offence, but only if the person's appointment as a proxy resulted from the corporation sending to members:
 (a) a list of persons willing to act as proxies; or
 (b) a proxy appointment form holding the person out as being willing to act as a proxy.
Penalty: 5 penalty units.
 (7) An offence against subsection (6) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (8) An appointment does not have to be witnessed.
 (9) A later appointment revokes an earlier one if both appointments could not be validly exercised at the meeting.

201‑105  Proxy documents

Documents to be received by corporation before meeting
 (1) For an appointment of a proxy for a meeting of members of an Aboriginal and Torres Strait Islander corporation to be effective, the following documents must be received by the corporation at least 48 hours before the meeting:
 (a) the proxy's appointment;
 (b) if the appointment is signed, or otherwise authenticated in a manner prescribed by regulations made for the purposes of subsection 201‑100(1), by the appointor's attorney—the authority under which the appointment was signed or authenticated or a certified copy of the authority.

Documents received following adjournment of meeting
 (2) If a meeting of the corporation's members has been adjourned, an appointment and any authority received by the corporation at least 48 hours