Northern Territory Numbered Acts

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UNIT TITLE SCHEMES ACT 2009 (NO 14 OF 2009) - SECT 165

Repeal and substitution of sections 7 and 8

Sections 7 and 8

repeal, substitute

7     Methods of voting

    (1)     Subsections (2) to (7):

    (a)     apply for voting about a resolution of a corporation at a meeting of the corporation; and

    (b)     apply with changes specified in the management module:

        (i)     for voting about a resolution of the corporation otherwise than at a meeting; or

        (ii)     for voting about a resolution of the committee of the corporation; or

        (iii)     for a specified purpose of this Act.

    (2)     Only 1 vote may be exercised for each unit.

    (3)     Except as otherwise provided by the management module, voting may be made:

    (a)     personally or by proxy; and

    (b)     by show of hands or in writing.

    (4)     A motion is passed by a unanimous resolution if the number of the votes counted in favour of the motion is equal to the total number of the units.

    (5)     A motion is passed by a resolution without dissent if no vote is counted against the motion.

    (6)     A motion is passed by a majority resolution if the number of the votes counted in favour of the motion exceeds 50% of the total number of the units.

    (7)     A motion is passed by an ordinary resolution if:

    (a)     the following conditions are satisfied:

        (i)     this paragraph applies under the management module;

        (ii)     the unit entitlements of the units for the votes counted in favour of the motion exceed the unit entitlements of the units for the votes counted against it; or

    (b)     otherwise – the votes counted in favour of the motion are more than the votes counted against the motion.

    (8)     A motion is passed by a special resolution if:

    (a)     at least two-thirds of the votes cast are counted in favour of the motion; and

    (b)     the unit entitlements of the units for the votes counted against the motion do not exceed 25% of the unit entitlements of all the units.



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