Western Australian Current Acts Western Australian Current Acts (1) The board of a
co-operative must conduct a postal ballot, including a special postal ballot,
for the passing of a special resolution on the written requisition of such
number of members who together are able to cast at least 20%, or any lesser
percentage specified in the rules of the co-operative, of the total number of
votes able to be cast at a meeting of the co-operative.
(2) The following
provisions apply to a requisition for a postal ballot —
(a) it
must state —
(i)
the proposed special resolution to be voted on; and
(ii)
the reasons for the making of the special resolution; and
(iii)
the effect of the special resolution being passed;
(b) it
must be signed by the requisitioning members, and may consist of several
documents in like form each signed by one or more of the requisitioning
members;
(c) it
must be served on the co-operative by being lodged at the registered office of
the co-operative.
(3) The postal ballot
must be conducted as soon as practicable and in any case must be conducted
within 2 months after the requisition is served.
(4) If the special
resolution for which the requisitioned postal ballot is conducted is not
passed, the co-operative may recover the expenses of the postal ballot from
the members who requisitioned the postal ballot as a debt due to the
co-operative.
(5) The members’
liability under subsection (4) is joint and several.
[Section 188 amended: No. 17 of 2014 s. 19.]