(1) This section
applies to a resolution —
(a)
which, without being considered at a meeting of the Board, is referred to all
members of the Board; and
(b) of
which —
(i)
if subparagraph (ii) does not apply — a majority of
those members (not including the CEO); or
(ii)
if the resolution is that the Board determine that an ACC
State intelligence operation is a special operation, or that an ACC State
investigation is a special investigation — at least 9 Board members (not
including the CEO but including at least 2 eligible Commonwealth Board
members),
indicate by telephone
or other mode of communication to the Chair of the Board that they are in
favour.
(2) The resolution is
as valid and effectual as if it had been passed at a meeting of the Board duly
convened and held.