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NATIONAL HEALTH (REGISTERED HEALTH BENEFITS ORGANIZATIONS) REGULATIONS 2000 2000 No. 357 - REG 23

Voting on resolutions

(1) A proposed resolution put to the vote of a meeting must be decided on the voices unless, subject to subregulation (5), a poll is demanded, before or on the declaration of the result of the voices:

(a)
by the chairperson; or

(b)
by at least 2 persons present in person, by proxy or by attorney and entitled to vote at the meeting; or

(c)
by a person present in person, by proxy or by attorney, and representing not less than 10% of the total voting rights of all the persons entitled to vote at the meeting.

(2) Unless a poll is demanded, the chairperson must declare that a resolution has, on the voices, been:

(a)
carried; or

(b)
carried unanimously; or

(c)
carried by a particular majority; or

(d)
lost.

(3)
A declaration is conclusive evidence of the result to which it refers, without proof of the number or proportion of the votes recorded in favour of or against the resolution, unless a poll is demanded.

(4)
A demand for a poll may be withdrawn.

(5)
A vote taken at a joint meeting of creditors and members of a registered organization that is a company must be decided on the voices.

(6) If a creditor of the fund or registered organization concerned surrenders or limits, by contract, all or some of his or her rights to vote at a meeting of creditors, then:

(a)
the creditor must not vote except in accordance with the contract; and

(b)
any vote that is not in accordance with the contract cannot be counted.



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