Document ID: chunk:federal_register_of_legislation:C2025C00185:section:250r:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 250R (pt 2/2)
Character Range: 794973–796257

this subsection if a vote on the resolution is cast by or on behalf of the person in contravention of that subsection (whether or not the resolution is passed).
Note: A contravention of this subsection is an offence: see subsection 1311(1).
 (8) A vote cast in contravention of subsection (4) is taken not to have been cast. This subsection has effect for the purposes of this Act except subsections (4) and (7) and subsection 250BD(1), and section 1311 and Schedule 3 so far as they relate to any of those subsections.
Note: This means the vote is not counted in working out a percentage of votes cast or whether the resolution is passed, and does not affect the validity of the resolution.
 (9) For the purposes of this section, a vote is cast on behalf of a person if, and only if, it is cast:
 (a) as proxy for the person; or
 (b) otherwise on behalf of the person; or
 (c) in respect of a share in respect of which the person has:
 (i) power to vote; or
 (ii) power to exercise, or control the exercise of, a right to vote.
 (10) Subject to Part 1.1A, subsections (4), (5), (6), (7), (8) and (9) have effect despite:
 (a) anything else in:
 (i) this Act; or
 (ii) any other law (including the general law) of a State or Territory; and
 (b) anything in the company's constitution.