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CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 - SECT 290.40

Voting on the resolution

  (1)   If any votes on the resolution are cast in contravention of subsection   290 - 35(1), it must be the case that the resolution would still be passed even if those votes were disregarded.

  (2)   If a poll was duly demanded on the question that the resolution be passed, subsections   (3) and (4) apply in relation to voting on the poll.

  (3)   In relation to each member of the corporation who voted on the resolution in person, the corporation must record in writing:

  (a)   the member's name; and

  (b)   how many votes the member cast for the resolution and how many against.

Penalty:   5 penalty units.

  (4)   In relation to each member of the corporation who voted on the resolution by proxy, or by a representative authorised under section   201 - 110, the corporation must record in writing:

  (a)   the member's name; and

  (b)   in relation to each person who voted as proxy, or as such a representative, for the member:

  (i)   the person's name; and

  (ii)   how many votes the person cast on the resolution as proxy, or as such a representative, for the member; and

  (iii)   how many of those votes the person cast for the resolution and how many against.

Penalty:   5 penalty units.

  (5)   For 7 years after the day when a resolution under this Division is passed, the corporation must retain the records it made under this section in relation to the resolution.

Penalty:   5 penalty units.

  (6)   An offence against subsection   (3), (4) or (5) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .



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