Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p90
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 90/175)
Character Range: 398965–401574

is, or documents that are, the same, in all material respects, as the document or documents (if any) lodged under paragraph 290‑5(1)(c); and
 (d) if the Registrar has given to the corporation, under section 290‑15, comments on the documents lodged under section 290‑5—must be accompanied by a copy of those comments; and
 (e) must not be accompanied by any other documents.
Penalty: 5 penalty units.
 (2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

290‑25  Other material put to members
 (1) Each document (if any) that:
 (a) did not accompany the notice convening the meeting; and
 (b) was given to members of the corporation before or at the meeting by:
 (i) the corporation; or
 (ii) a related party of the corporation to whom the proposed resolution would permit a financial benefit to be given; or
 (iii) an associate of the corporation or of such a related party; and
 (c) can reasonably be expected to have been material to a member in deciding how to vote on the proposed resolution;
must be the same, in all material respects, as a document lodged under paragraph 290‑5(1)(d).
Penalty: 5 penalty units.
 (2) An offence against subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.

290‑30  Proposed resolution cannot be varied
  The resolution must be the same as the proposed resolution set out in the proposed notice lodged under section 290‑5.

290‑35  Voting by or on behalf of related party interested in proposed resolution
 (1) At a general meeting, a vote on a proposed resolution under this Division must not be cast (in any capacity) by or on behalf of:
 (a) a related party of the corporation to whom the resolution would permit a financial benefit to be given; or
 (b) an associate of such a related party.
 (2) Subsection (1) does not prevent the casting of a vote if:
 (a) it is cast by a person as a proxy appointed by writing that specifies how the proxy is to vote on the proposed resolution; and
 (b) it is not cast on behalf of a related party or associate of a kind referred to in subsection (1).
 (3) The regulations may prescribe cases where subsection (1) does not apply.
 (4) The Registrar may by writing declare that:
 (a) subsection (1) does not apply to a specified proposed resolution; or
 (b) 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