Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p91
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 91/175)
Character Range: 401350–403913

subsection (1) does not prevent the casting of a vote, on a specified proposed resolution, by a specified entity, or on behalf of a specified entity;
but may only do so if satisfied that the declaration will not cause unfair prejudice to the interests of any member of the corporation.
 (5) A declaration in force under subsection (4) has effect accordingly.
 (6) A declaration under subsection (4) is not a legislative instrument.
 (7) If a vote is cast in contravention of subsection (1), the related party or associate, as the case may be, contravenes this subsection, whether or not the proposed resolution is passed.
Penalty: 200 penalty units or imprisonment for 5 years, or both.
 (8) For the purposes of this section, a vote is cast on behalf of an entity if, and only if, it is cast:
 (a) as proxy for the entity; or
 (b) otherwise on behalf of the entity; or
 (c) in respect of a share in respect of which the entity has:
 (i) power to vote; or
 (ii) power to exercise, or control the exercise of, a right to vote.
 (9) Subject to subsection 290‑40(1), a contravention of this section does not affect the validity of a resolution.
 (10) This section has effect despite:
 (a) anything else in:
 (i) this Act; or
 (ii) any other law (including the general law) of a State or Territory; or
 (b) anything in a body corporate's constitution.

290‑40  Voting on the resolution
 (1) If any votes on the resolution are cast in contravention of subsection 290‑35(1), it must be the case that the resolution would still be passed even if those votes were disregarded.
 (2) If a poll was duly demanded on the question that the resolution be passed, subsections (3) and (4) apply in relation to voting on the poll.
 (3) In relation to each member of the corporation who voted on the resolution in person, the corporation must record in writing:
 (a) the member's name; and
 (b) how many votes the member cast for the resolution and how many against.
Penalty: 5 penalty units.
 (4) In relation to each member of the corporation who voted on the resolution by proxy, or by a representative authorised under section 201‑110, the corporation must record in writing:
 (a) the member's name; and
 (b) in relation to each person who voted as proxy, or as such a representative, for the member:
 (i) the person's name; and
 (ii) how many votes the person cast on the resolution as proxy, or as such a representative, for the member; and
 (iii) how many of those votes the person cast for the resolution and how many against.
Penalty: 5 penalty units.
 (5) For 7 years after