(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.