Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p48
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 48/175)
Character Range: 292184–294744

A resolution put to the vote at a general meeting must be decided on a show of hands unless a poll is demanded.
 (2) Before a vote is taken the chair must inform the meeting whether any proxy votes have been received and how the proxy votes are to be cast.
 (3) On a show of hands, a declaration by the chair is conclusive evidence of the result, provided that the declaration reflects the show of hands and the votes of the proxies received. Neither the chair nor the minutes need to state the number or proportion of the votes recorded in favour or against.
Note: Even though the chair's declaration is conclusive of the voting results, the members present may demand a poll (see section 201‑130).

201‑130  Matters on which a poll may be demanded
 (1) Subject to subsection (2), at a general meeting, a poll may be demanded on any resolution.
 (2) An Aboriginal and Torres Strait Islander corporation's constitution may provide that a poll cannot be demanded on any resolution concerning:
 (a) the election of the chair of a meeting; or
 (b) the adjournment of a meeting.
 (3) A demand for a poll may be withdrawn.

201‑135  When a poll is effectively demanded
 (1) At a general meeting, a poll may be demanded by:
 (a) at least 5 members entitled to vote on the resolution; or
 (b) members with at least 5% of the votes that may be cast on the resolution on a poll; or
 (c) the chair.
Note: A proxy may join in the demand for a poll (see paragraph 201‑95(1)(c)).
 (2) An Aboriginal and Torres Strait Islander corporation's constitution may provide that fewer members or members with a lesser percentage of votes may demand a poll.
 (3) The poll may be demanded:
 (a) before a vote is taken; or
 (b) before the voting results on a show of hands are declared; or
 (c) immediately after the voting results on a show of hands are declared.

201‑140  When and how polls must be taken (replaceable rule—see section 60‑1)
 (1) At a general meeting, a poll demanded on a matter other than the election of a chair or the question of an adjournment must be taken when and in the manner the chair directs.
 (2) At a general meeting, a poll on the election of a chair or on the question of an adjournment must be taken immediately.

Subdivision 201‑G—First general meeting and annual general meetings

201‑145  Corporation must hold first general meeting within 3 months of registration
 (1) An Aboriginal and Torres Strait Islander corporation must hold a general meeting of members within 3 months after the corporation is registered.
Penalty: 10 penalty units.
 (2)