Queensland Consolidated Acts Queensland Consolidated ActsIn this schedule—
"body corporate" means the primary thoroughfare body corporate or principal
body corporate.
"candidate" see section 4 (3) (a) .
"eligibility category" , for a candidate, means the category of person
mentioned in section 41 (6) or 85 (6) to which the candidate belongs.
"executive committee" means the executive committee of the primary
thoroughfare body corporate or principal body corporate.
"executive member" , of an executive committee, means the chairperson,
secretary or treasurer of the committee.
"ordinary member" , of an executive committee, means a member, other than an
executive member, of the committee.
(1) Unless otherwise provided under this schedule, the election of a member of the executive committee of a body corporate must be by ballot.Note—See, for example, section 7 (Election of ordinary members of executive committee).
(2) A ballot for membership of the executive committee must be a secret ballot unless the body corporate decides by ordinary resolution that the election be held by open ballot.
(3) The value of any vote able to be cast for a lot included in the resort or a part of the resort for choosing a member of the executive committee is the same as the value of the vote able to be cast for each other lot included in the resort or part.
(1) This section states how individuals are nominated for election at the body corporate’s annual general meeting, other than the first annual general meeting, as a voting member of the executive committee.
(2) The secretary must serve a notice on each member of the body corporate—(a) inviting nomination for the members of the executive committee; and(b) stating that a nominated person is not eligible to be a voting member of the executive committee if, when the members of the executive committee are chosen, the person owes a body corporate debt in relation to a lot or lots owned by the person.
(3) The notice must be given at least 3 weeks before, but not earlier than 6 weeks before, the end of the body corporate’s financial year.
(4) Nominations must comply with section 4 and must be given to the secretary by the end of the body corporate’s financial year.
(5) As soon as practicable after receiving a nomination under this section from a candidate for election, the secretary must forward written notice to the candidate acknowledging the nomination has been received.
(1) Each member of the body corporate may nominate 1 person for election as a voting member of the executive committee.
(2) A nomination must be made by written notice and—(a) if the nomination is from a member of the body corporate who is an individual nominating himself or herself—must be signed and dated by the member; or(b) if the nomination is from a member of the body corporate other than a member to whom paragraph (a) applies—(i) must be signed and dated by the nominated person; and(ii) must be countersigned by the appropriate authorising person.
(3) A nomination must contain each of the following details—(a) the family name and either the first given name or other name or abbreviation by which the nominated person (the
"candidate" ) is generally known;(b) the position or positions the candidate is nominated for;(c) the eligibility category for the candidate;(d) if the candidate is not a member of the body corporate or a person appointed by a subsidiary body corporate under section 24 or 67 —(i) the candidate’s residential or business address; and(ii) the name of the member who nominated the candidate;(e) details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of a member of the executive committee.Example of a payment—payment of the candidate’s expenses for travelling to executive committee meetings
(4) In this section—
"appropriate authorising person" , for a nomination from a member of the body corporate, means—(a) if the member is an individual—the member; or(b) if the member is a subsidiary body corporate—the person appointed by the member under section 24 or 67 ; or(c) if the member is a corporation other than a subsidiary body corporate—a director, secretary or other nominee of the corporation.
(1) This section states how a secret ballot required under this schedule must be held.
(2) After nominations close, the secretary must prepare ballot papers for each of the following for which a ballot is required—(a) chairperson;(b) secretary;(c) treasurer;(d) the ordinary members of the executive committee.
(3) Each ballot must be conducted separately.
(4) However, the separate ballots may, but need not, appear on the one document.
(5) For each ballot, the secretary must, if satisfied the nominations comply with this schedule, state the names of the properly nominated candidates in alphabetical order of family name, showing—(a) after each name, a blank space for voting purposes; and(b) the eligibility category for each candidate; and(c) if the candidate is not a member of the body corporate or a person appointed by a subsidiary body corporate under section 24 or 67 —(i) the candidate’s residential or business address; and(ii) the name of the member who nominated the candidate; and(d) details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of an executive committee member.
(6) The secretary must forward, with the notices for the annual general meeting—(a) the ballot papers; and(b) an envelope marked ‘ballot paper’; and(c) either of the following—(i) a separate particulars envelope;(ii) a particulars tab that forms part of the ballot paper envelope but that a person may detach without unsealing or otherwise opening the ballot paper envelope.
(7) To vote, a person must—(a) for a ballot for the position of chairperson, secretary or treasurer—place a mark in the space opposite the name of the candidate the person wishes to vote for; and(b) for a ballot for the ordinary members’ positions—place a mark in each of the spaces opposite the names of however many candidates the person wishes to vote for; and(c) place the ballot paper in the ballot paper envelope supplied by the secretary and seal it; and(d) if a separate particulars envelope is supplied—place the sealed ballot paper envelope in the separate envelope and seal it; and(e) complete the separate particulars envelope or particulars tab by signing and dating the envelope or tab, and inserting the following information on the envelope or tab—(i) the name of the member for whom the vote is exercised;(ii) the name of the person having the right to vote for the member;(iii) the basis for the person’s right to vote; and(f) give the completed particulars envelope with the ballot paper envelope enclosed, or the ballot paper envelope with the completed particulars tab attached, to the secretary, or forward the envelope to the secretary so that the secretary receives it, before or at the annual general meeting.
(8) When a ballot is held—(a) a voter who has not submitted a vote for the ballot may ask the secretary for a ballot paper, ballot paper envelope and particulars envelope or tab, and vote in the way this section provides; and(b) a voter who wishes to withdraw a vote already made for the ballot and submit a replacement vote, may, if the particulars envelope, or the ballot paper envelope with particulars tab attached, for the vote already made can be readily identified and withdrawn, ask the secretary for a ballot paper, ballot paper envelope and particulars envelope or tab, and vote in the way this section provides.
(9) All completed ballot papers received before the annual general meeting ends are to be held in the custody of the secretary.
(1) This section states how an open ballot required under this schedule must be held.
(2) After nominations close, the secretary must prepare ballot papers for each of the following for which a ballot is required—(a) chairperson;(b) secretary;(c) treasurer;(d) the ordinary members of the executive committee.
(3) Each ballot must be conducted separately.
(4) However, the separate ballots mentioned in subsection (3) may, but need not, appear on the one document.
(5) For each ballot, the secretary must, if satisfied the nominations comply with section 4 , list the names of the properly nominated candidates in alphabetical order of family name, showing—(a) after each name, a blank space for voting purposes; and(b) the eligibility category for each candidate; and(c) if the candidate is not a member of the body corporate or a person appointed by a subsidiary body corporate under section 24 or 67 —(i) the candidate’s residential or business address; and(ii) the name of the member who nominated the candidate; and(d) details of any payment to be made to, or to be sought by, the candidate from the body corporate for the candidate carrying out the duties of an executive committee member.
(6) The secretary must forward the ballot papers, and an envelope marked ‘ballot paper’ self-addressed to the secretary, with the notices for the annual general meeting.
(7) To vote, a person must—(a) for a ballot for the position of chairperson, secretary or treasurer—place a mark in the space opposite the name of the candidate the person wishes to vote for; and(b) for a ballot for the ordinary members’ positions—place a mark in each of the spaces opposite the names of however many candidates the person wishes to vote for; and(c) sign each ballot paper the voter completes; and(d) on each completed ballot paper, write the name of the member for whom the vote is exercised; and(e) if the ballot paper is not completed at the annual general meeting—(i) place the ballot paper in the ballot paper envelope supplied by the secretary; and(ii) seal the envelope, and write on the back of the envelope the name mentioned in paragraph (d) ; and(iii) give the ballot paper envelope to the secretary, or forward it to the secretary so that the secretary receives it, before or at the annual general meeting; and(f) if the ballot paper is completed at the annual general meeting—give the ballot paper to the secretary before or at the meeting.
(8) When a ballot is held—(a) a voter who has not submitted a vote for the ballot may ask the secretary for a ballot paper, and vote in the way this section provides; and(b) a voter who wishes to withdraw a vote already made for the ballot and submit a replacement vote, may, if the vote already made can be readily identified and withdrawn, ask the secretary for a ballot paper and vote in the way this section provides.
(9) All completed ballot papers received before the annual general meeting ends are to be held in the custody of the secretary.
(1) A person nominated as an ordinary member of the executive committee becomes an ordinary member of the committee under section 11 on the basis of the nomination unless it is necessary to have a ballot.
(2) It is necessary to have a ballot for ordinary members of the executive committee if the number of persons nominated for ordinary member positions (other than a person who becomes an executive member of the executive committee), plus the number of executive members of the executive committee, is more than the required number of members for the executive committee.
(1) Any items of business about the election of members of the executive committee that are on the agenda for an annual general meeting must be conducted as the last items of business for the meeting.
(2) The election of members takes effect immediately after the close of the meeting at which they are elected.
(3) The ballots for the positions on the executive committee for which ballots are required must be conducted in the following order—• chairperson• secretary• treasurer• ordinary members.
(4) Each ballot may proceed to the count only after the person chairing the meeting has allowed enough time for votes to be cast and announced the close of the ballot.
(5) Each candidate for a ballot, and any scrutineer appointed by the candidate, may watch the count.
(6) The secretary must pass any ballot papers, particulars envelopes and ballot paper envelopes for the ballot to the person chairing the meeting for counting.
(1) If a ballot for positions on the executive committee is an open ballot, the person chairing the meeting must—(a) confirm, by a scrutiny of the details on the back of each ballot paper envelope or each ballot paper itself, that the ballot paper is the vote of a person who has the right to vote in the election; and(b) if a ballot paper is in a ballot paper envelope—take the ballot paper out of the envelope.
(2) If a ballot for positions on the executive committee is a secret ballot, the person chairing the meeting must—(a) confirm, by a scrutiny of the details on each particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and(b) take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and(c) place the ballot paper envelope in a receptacle in open view of the meeting; and(d) after paragraph (c) has been complied with for all ballot paper envelopes, randomly mix the envelopes; and(e) take each ballot paper out of its envelope.
(3) The person chairing the meeting must record the count of votes in each ballot in the minutes of the meeting.
(4) The person chairing the meeting may delegate a function under subsection (1) or (2) in relation to a ballot for a position on the executive committee to a person attending the meeting who is not a candidate for the position and who the person chairing the meeting considers has sufficient independence.
(1) If only 1 person is nominated for the position of chairperson, secretary or treasurer, the person chairing the meeting, if satisfied the nomination complies with this schedule, must declare the person to have been elected unopposed.
(2) If, for the position of chairperson, secretary or treasurer, there has been no nomination, the person chairing the meeting—(a) must invite nominations for the position at the meeting; and(b) must accept nominations that are made in either of the following ways—(i) by members of the body corporate who are personally present or represented at the meeting;(ii) in writing, by members of the body corporate not personally present or represented at the meeting.
(3) A member of the body corporate may nominate, under subsection (2) , not more than 1 person for the position.
(4) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 3 for an ordinary member’s position on the executive committee.
(5) If more than 1 person has nominated for a position, a ballot is conducted, and the person who receives the highest number of votes is declared elected.
(6) If, on a counting of votes, 2 or more persons each receive an identical number of votes, and no other candidate receives a higher number of votes, the result must be decided between the 2 or more persons by chance in the way the meeting decides.
(1) The positions of the ordinary members of the executive committee are decided only after the executive member positions on the executive committee are filled.
(2) A person’s nomination for a position as an ordinary member has no effect if the person is elected as an executive member of the executive committee, even if the person’s name appears on a ballot for ordinary members forwarded before the meeting.
(3) If the number of candidates nominated for ordinary member positions, plus the number of executive members of the executive committee, is not more than the required number of members for the executive committee, the person chairing the meeting, if satisfied the nominations for the ordinary member positions comply with this schedule, must declare the candidates to have been elected as ordinary members.
(4) However, if the number of candidates nominated for ordinary member positions, plus the number of executive members of the executive committee, is less than the required number of members for the executive committee, the person chairing the meeting must invite nominations at the meeting for the number of ordinary member positions necessary to bring the total number of all executive committee members to not more than the required number of members for the executive committee.
(5) The person chairing the meeting—(a) must invite nominations for the position or positions at the meeting; and(b) must accept nominations that are made in either of the following ways—(i) by members of the body corporate who are personally present or represented at the meeting;(ii) in writing, by members of the body corporate not personally present or represented at the meeting.
(6) A member of the body corporate may nominate, under subsection (5) , not more than 1 person for all ordinary member positions for which nominations are invited.
(7) To remove any doubt, it is declared that the member may make the nomination whether or not the member made a nomination under section 3 for a position on the executive committee.
(8) If the number of candidates nominated for ordinary member positions, plus the number of executive members of the executive committee, is more than the required number of members for the executive committee, the person chairing the meeting must proceed with the scrutiny of the ballot papers relating to the ordinary member positions.
(9) The persons who receive the highest numbers of votes, in descending order until the executive committee numbers the required number of members for the executive committee, must be declared elected as the ordinary members.
(10) If, on a counting of votes, 2 or more persons each receive an identical number of votes and the number of persons to be elected would be exceeded if the 2 or more persons were declared elected, the result of the ballot must be decided between the 2 or more persons by chance in the way the meeting decides.
(11) For the counting of votes for positions of ordinary members of the executive committee on ballot papers completed before the annual general meeting, a mark against the name of each person who has already been elected to an executive member position is void.
(1) The person chairing an annual general meeting must declare the result of an election.
(2) When declaring the result of an election, the person chairing the meeting must state the number of votes cast for each candidate.
(3) The number of votes cast for each candidate must be recorded in the minutes of the meeting.
(4) The voting tally sheet kept for the meeting must include, for each ballot that is an open ballot under section 6 —(a) a list of the votes, identified by the name of the member on whose behalf the votes were cast, rejected as informal; and(b) for each vote rejected—the reason for the rejection; and(c) the total number of votes counted for each candidate.
(5) The voting tally sheet kept for the meeting must include, for each ballot that is a secret ballot under section 5 —(a) a list of the votes, identified by the name of the member on whose behalf the votes were cast, rejected from the count before the enclosing ballot paper envelopes were opened; and(b) a list of the votes taken out of ballot paper envelopes for counting, but rejected as informal; and(c) for each vote rejected—the reason for the rejection; and(d) the total number of votes counted for each candidate.
(6) The voting tally sheet may be inspected at the meeting by any of the following persons—(a) a person who is a voter for the meeting;(b) a candidate;(c) the returning officer, if any, appointed by the body corporate for the meeting;(d) the person chairing the meeting;(e) a scrutineer appointed by a candidate under section 8 .