Queensland Subordinate Legislation as Made

BODY CORPORATE AND COMMUNITY MANAGEMENT (STANDARD MODULE) REGULATION 2020 - REG 106

106 Casting an electronic vote—open motion

(1) This section applies if the body corporate has by ordinary resolution decided that voters may cast an electronic vote on a motion.

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

(a) rejects a vote cast by a person who—

(i) is not eligible to vote on the motion; or

(ii) has already cast a vote on the motion; and

(b) does not allow a person other than the secretary to receive the electronic votes.

(3) The system for receiving electronic votes may allow a voter who is present personally at the annual general meeting to cast a vote electronically at the meeting.

Example—

The system may allow voters to cast a vote using a computer, smartphone or tablet computer.

(4) Also, to cast an electronic vote a person must comply with—

(a) the instructions given by the secretary under section 88 (5) (f) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the vote—

(i) before the general meeting; or

(ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting; and

(b) any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.

(5) An electronic vote on a motion may be withdrawn by a voter at any time before the result of the motion is declared, except that an owner’s electronic vote can not be withdrawn by a person voting as the proxy for the owner.