Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2008 No. 273 - SECT 89

(1) A voter for a general meeting may vote on a motion decided by secret ballot--

(a) by casting a written vote as required under section 90(1); or

(b) if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for motions to be decided by secret ballot--by casting an electronic vote as required under section 90(2).

(2) The body corporate may pass a resolution mentioned in subsection (1)(b) only if the body corporate operates a system for receiving electronic votes that--

(a) does not disclose a voter's identity; and

(b) rejects a vote cast by a person who is not a voter for a general meeting.

(3) When a secret ballot is held--

(a) a voter who has not submitted a vote for the ballot may ask the secretary for a voting paper, secret voting paper envelope and particulars envelope or tab, and vote in the way section 90(1) provides; and

(b) a voter may withdraw a written vote already made for the ballot and submit a replacement vote if the vote already made can be readily identified and withdrawn.

(4) All completed written and electronic voting papers received before the votes are counted at the general meeting must be given to the returning officer and held in the returning officer's custody until the votes have been counted.

(5) The returning officer must, for a written vote received for the ballot, do each of the following--

(a) confirm, by a scrutiny of the details on each particulars envelope or particulars tab, that the voting paper is the vote of a person who has the right to vote on the motion;

(b) take the secret voting paper envelope out of the particulars envelope, or detach the particulars tab from the secret voting paper envelope;

(c) for a vote on a motion required to be decided by special resolution--record, on the secret voting paper envelope, the contribution schedule lot entitlement of the lot for which the vote is cast;

(d) place the secret voting paper envelope in a receptacle in open view of the meeting;

(e) after paragraph (d) has been complied with for all secret voting paper envelopes, randomly mix the envelopes;

(f) take each secret voting paper out of its envelope;

(g) for a vote on a motion required to be decided by special resolution--record, on the voting paper, the contribution schedule lot entitlement of the lot for which the vote is cast;

(h) inspect and count the votes.

(6) The returning officer must, for each electronic voting paper received for the ballot--

(a) ensure the vote can be viewed by a person present at the meeting; and

(b) inspect and count the votes.

(7) After counting the votes, the returning officer must provide each of the following to the person chairing the meeting--

(a) the written voting papers, secret voting paper envelopes and particulars envelopes or particulars tabs;

(b) the number of electronic votes cast for and against the motion, and the number of abstentions from voting on the motion recorded electronically;

(c) the total number of votes cast for and against the motion;

(d) the total number of abstentions from voting on the motion;

(e) the number of votes rejected from the count;

(f) for each vote rejected--the reason for the rejection.