Document ID: chunk:federal_register_of_legislation:F2024C01249:reg:301:p17
Version: federal_register_of_legislation:F2024C01249
Segment Type: reg
Provision Reference: reg 301 (pt 17/30)
Character Range: 1918214–1920696

members of the body corporate who are entitled to vote at a meeting of members of the body:
 (a) members who hold only member shares;
 (b) if the body is a company limited by guarantee—the members of the company;
 (c) if the body is a company limited by shares and guarantee—the members of the company who do not hold shares in the company.
 (3) This Part does not apply in relation to a meeting:
 (a) that is held for the purposes of Chapter 5 or 6 of the Act; or
 (b) to which Part 5 of Schedule 4 to that Act applies.

12.4.02  Modification of certain provisions of Act
  For clause 38 of Schedule 4 to the Act, this Part modifies the application of subsection 249H(1), section 249J, subsection 249P(6) and paragraph 249Z(b) of the Act in relation to the members of the body corporate.

12.4.03  Members etc may elect to be notified of meetings
 (1) The body corporate may give notice to a member, or to an applicant for membership, of the body corporate that he or she may elect to receive notice under subsection 249J(1) of the Act of meetings of members of the body corporate.
 (2) The notice must include a statement to the effect that:
 (a) attendance at the AGM, and other meetings of members, of the body corporate enables the members:
 (i) to participate in the governance of the body corporate; and
 (ii) to ask questions about, and comment on, the management of the body corporate, its financial standing and performance; and
 (iii) to ask the auditor of the body corporate questions about the conduct of the audit of the body corporate and the preparation and content of the auditor's report; and
 (iv) to vote on any proposal to amend the constitution of the body corporate or on any other matter in relation to the management of the body corporate; and
 (b) notice of meetings informs members about matters in relation to which they may wish to attend a meeting; and
 (c) a member of the body corporate who is entitled to attend, and cast a vote at, a meeting may appoint a proxy to attend and vote for the member at the meeting; and
 (d) if the member does not elect to receive notice, the body corporate is not required to give notice of its meetings to the member; and
 (e) despite a member of the body corporate electing not to receive notice of its meetings, or not making an election, the member may at any time request the body corporate to give the member personal notice of the meetings.
 (3) The member or applicant is taken not to have made an election if