Queensland Consolidated Regulations

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BODY CORPORATE AND COMMUNITY MANAGEMENT (COMMERCIAL MODULE) REGULATION 2008 - REG 48

Power of person chairing meeting to rule motion out of order [SM, s 81]

48 Power of person chairing meeting to rule motion out of order [SM, s 81]

(1) The person chairing a general meeting of the body corporate must rule a motion out of order if—
(a) the motion, if carried, would—
(i) conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or
(ii) be unlawful or unenforceable for another reason; or
(b) except for a procedural motion for the conduct of the meeting, or a motion to correct minutes—the substance of the motion was not included in the agenda for the meeting.
(2) The person chairing the meeting must, when ruling a motion out of order—
(a) give reasons for the ruling; and
(b) for a ruling given under subsection (1) (a) —state how the ruling may be reversed by the persons present and entitled to vote on the issue.
(3) The persons present and entitled to vote may reverse a ruling given under subsection (1) (a) by passing an ordinary resolution disagreeing with the ruling.
(4) The reasons given by the person chairing the meeting for ruling a motion out of order must be recorded in the minutes of the meeting.



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