Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p45
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 45/175)
Character Range: 284966–287600

an individual or a body corporate.
Note: A body corporate may appoint a representative to exercise the powers that the body corporate may exercise as the member's proxy (see section 201‑110).
 (3) The appointment may specify the proportion or number of votes that the proxy may exercise.

201‑95  Rights of proxies

Rights of proxies
 (1) A proxy appointed to attend and vote for a member has the same rights as the member:
 (a) to speak at the meeting; and
 (b) to vote (but only to the extent allowed by the appointment); and
 (c) join in a demand for a poll.

Proxy's right to vote
 (2) An Aboriginal and Torres Strait Islander corporation's constitution may provide that a proxy is not entitled to vote on a show of hands.
Note: Even if the proxy is not entitled to vote on a show of hands, they may make or join in the demand for a poll.

Effect of member's presence on proxy's authority
 (3) An Aboriginal and Torres Strait Islander corporation's constitution may provide for the effect that a member's presence at a meeting has on the authority of a proxy appointed to attend and vote for the member. However, if the constitution does not deal with this, a proxy's authority to speak and vote for a member at a meeting is suspended while the member is present at the meeting.

Exercise of proxies
 (4) A person must not exercise proxies for more than the number of members:
 (a) prescribed in the regulations for the purposes of this subsection; or
 (b) worked out using the method prescribed in the regulations for the purposes of this subsection.
Penalty: 5 penalty units.
 (5) To avoid doubt, a contravention of subsection (4) does not affect the validity of the votes cast.

201‑100  Appointing a proxy
 (1) An appointment of a proxy is valid if it is signed, or otherwise authenticated in a manner prescribed by the regulations, by the member of the Aboriginal and Torres Strait Islander corporation making the appointment and contains the following information:
 (a) the member's name and address;
 (b) the corporation's name;
 (c) the proxy's name or the name of the office held by the proxy;
 (d) the meetings at which the appointment may be used.
An appointment may be a standing one.
 (2) The regulations made for the purposes of subsection (1) may prescribe different requirements for the authentication of an appointment given to the corporation by different means (electronic 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