Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 250

250. (1) Subject to subsections (2), (3) and (4), a member of a company who is
entitled to attend and vote at a meeting of the company, or at a meeting of
any class of members of the company, is entitled to appoint:

   (a)  in the case of a company not having a share capital-another member or,
        where the articles so provide, another person (whether a member or
        not); or

   (b)  in any other case-not more than 2 other persons (whether members or
        not); as the first-mentioned member's proxy or proxies to attend and
        vote instead of the member at the meeting.

(2) A proxy appointed to attend and vote instead of a member has the same
right as the member to speak at the meeting but, unless the articles otherwise
provide, a proxy is not entitled to vote except on a poll.

(3) Where a member appoints 2 proxies, the appointment is of no effect unless
each proxy is appointed to represent a specified proportion of the member's
voting rights.

(4) A member of a proprietary company is not entitled to appoint another
person as the member's proxy under subsection (1) except:

   (a)  in accordance with the articles of the company; or

   (b)  with the leave of the Court.

(5) In every notice convening a meeting of a public company or of any class of
members of a public company, there shall appear with reasonable prominence:

   (a)  in the case of a public company having a share capital, a statement:

        (i)    that a member entitled to attend and vote is entitled to
               appoint not more than 2 proxies;

        (ii)   that where more than 1 proxy is appointed, each proxy must be
               appointed to represent a specified proportion of the member's
               voting rights; and (iii) that a proxy need not be a member; or

   (b)  in the case of a public company not having a share capital, a
        statement:

        (i)    that a member entitled to attend and vote is entitled to
               appoint a proxy to attend and vote instead of the member; and

        (ii)   that a proxy must, or need not, be a member (as the case
               requires).

(6) If subsection (5) is contravened, an officer of the company who is
involved in the contravention contravenes this subsection.

(7) A person shall not authorise or permit an invitation to appoint as proxy a
person or 1 of a number of persons specified in the invitation to be issued at
the company's expense to some only of the members entitled to be sent a notice
of the meeting and to vote at the meeting by proxy.

(8) A person does not contravene subsection (7) merely because of the issue to
a member at the member's request of a form of appointment naming the proxy or
a list of persons willing to act as proxies if the form or list is available
on request in writing to every member entitled to vote at the meeting by
proxy.