Queensland Consolidated Acts

SANCTUARY COVE RESORT ACT 1985 - SECT 83

83 Voting rights

(1) Any powers of voting conferred by or under this part may be exercised—

(a) in the case of a member who is an infant—by the member’s guardian;

(b) in the case of a member who is for any reason unable to control the member’s property—by the person who for the time being is authorised by law to control that property;

(c) in the case of a member which is a body corporate—by the person nominated pursuant to section 82 by that member.

(2) Where the Supreme Court of Queensland upon the application of the primary thoroughfare body corporate or of any member is satisfied that there is no person able to vote in respect of any voting entitlement or that the person able to vote cannot be found, the court in its discretion may appoint the public trustee or some other fit and proper person for the purpose of exercising such powers of voting under this part as the court shall determine.

(3) The court may order service of notice of an application under subsection (2) on such persons as it thinks fit or may dispense with service of such notice.

(4) On making an appointment under subsection (2) the court may make such order as it thinks necessary or expedient to give effect to the appointment including an order as to the payment of costs of the application, and may vary an order so made.

(5) The powers of the court under this section may be exercised by the registrar in the first instance, who may refer the application to a Judge and who shall so refer it at the request of the applicant or any respondent.

(6) In this section and in section 84 —

"registrar" means the registrar of the Supreme Court of Queensland at Brisbane, Rockhampton or Townsville, as the case may be, and includes a deputy registrar.