Western Australian Current Acts

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ASSOCIATIONS INCORPORATION ACT 2015 - SECT 51

51 .         Requirements for special resolution

        (1)         For the purposes of this Act, a resolution is a special resolution if it is passed —

            (a)         at a general meeting of an incorporated association; and

            (b)         by the votes of not less than three-fourths of the members of the association who cast a vote at the meeting.

        (2)         A person is taken to cast a vote at a general meeting as mentioned in subsection (1) if the person has a right under the rules of the association to vote on the resolution and —

            (a)         votes in person at the meeting; or

            (b)         where proxies or postal votes are allowed by the rules of the association, votes on the resolution by proxy or postal vote.

        (3)         Before the general meeting, written notice of —

            (a)         the proposed special resolution; and

            (b)         the time and place of the general meeting at which it is proposed to move the resolution,

                must be given, as required under the rules of the incorporated association, to each member of the association.

        (4)         The notice must set out the wording of the proposed special resolution.

        (5)         If notice is not given in accordance with subsections (3) and (4) the special resolution has no effect.



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