South Australian Current Acts South Australian Current Acts (1) If a person
(whether a co-owner of a lot or not) has been nominated to attend and vote at
a meeting of a community corporation on behalf of another person, the
following provisions apply:
(a) if
the nominated person has a direct or indirect pecuniary interest in any matter
to be voted on at a meeting, the nominated person must—
(i)
disclose the nature of the interest—
(A) if it is practicable to do so—to
his or her principal before the vote is taken; or
(B) in any other case—to his or her
principal as soon as practicable after the vote is taken; and
(ii)
disclose the nature of the interest to the members
present at the meeting before the vote is taken;
(b) if
the written notice of nomination declared a pecuniary interest in accordance
with section 84(5)(d) or 84(6)(bb) in relation to the matter, the
nominated person must disclose the nature of the pecuniary interest to the
members present at the meeting before the vote on the matter is taken.
Maximum penalty: $15 000.
(2) A co-owner of a
lot is not obliged by subsection (1) to disclose an interest that he or
she has in common with his or her other co-owners.
(a)
attends and is entitled to vote (other than as a nominee) at a meeting of a
community corporation; or
(b)
presides at such a meeting,
and who has a direct or indirect pecuniary interest in any matter to be voted
on at the meeting must disclose the nature of the interest to the members
present at the meeting before the vote is taken.
Maximum penalty: $15 000.
(2b) An owner of a
community lot is not obliged by subsection (2a) to disclose an interest
that he or she has in common with all of the owners of the community lots.
(3) It is a defence to
a charge of an offence against this section to prove that the defendant was
not, at the time of the alleged offence, aware of his or her interest in the
matter.