(1) Subject to subsection (5), a member may attend and vote at a general meeting in person only.
(2) Unless on any question submitted at a general meeting to a vote a poll is demanded by not less than five persons present, or by any person or persons entitled to exercise not less than one-tenth of the total votes of those present, every member present shall be entitled to one vote only, and a resolution shall be carried if a majority of the votes is in favour thereof.
S. 23(3) amended by No. 33/2013 s. 15(1).
(3) If a poll is demanded in accordance with subsection (2), the number of votes to which each member is entitled shall be determined by the number of shares the member owns.
S. 23(4) amended by No. 58/2004 s. 6.
(4) The quorum for a general meeting shall be
one-half of the persons entitled to vote at the meeting who are residents of the reserve on the day the meeting was called in accordance with section 22(4).
S. 23(4A) inserted by No. 29/2024 s. 8(1).
(4A) If a quorum under subsection (4) cannot be reached or maintained for a general meeting, the Chairperson of the Trust may adjourn the meeting to a time and date to be fixed, being within 2 to 6 weeks of the original date of the meeting.
S. 23(4B) inserted by No. 29/2024 s. 8(1).
(4B) If the Chairperson considers that a quorum is unlikely to be reached or maintained for a general meeting adjourned under subsection (4A), the Chairperson may apply to the Minister for an exemption from the quorum requirement so that a reduced quorum can be formed.
S. 23(4C) inserted by No. 29/2024 s. 8(1).
(4C) An application under subsection (4B) must—
(a) be in writing; and
(b) be made to the Minister no later than 14 days after the date of the adjourned meeting; and
(c) specify the proposed number of persons to form the reduced quorum; and
(d) specify the period for which the reduced quorum is intended to apply, which must not exceed 6 weeks.
S. 23(4D) inserted by No. 29/2024 s. 8(1).
(4D) The Minister, in the Minister's complete discretion, may exempt a Trust from the quorum requirement in subsection (4) if satisfied that it is appropriate in the circumstances to do so.
S. 23(4E) inserted by No. 29/2024 s. 8(1).
(4E) An exemption under subsection (4D) must—
(a) be in writing; and
(b) specify the number of persons to form a reduced quorum; and
(c) specify the period for which the reduced quorum applies, which must not exceed 6 weeks.
S. 23(4F) inserted by No. 29/2024 s. 8(1).
(4F) If a general meeting is held to which a reduced quorum applies, a resolution in relation to the leasing or disposal of land must not be made at that meeting.
(5) Notwithstanding anything to the contrary in this Act—
S. 23(5)(a) amended by No. 29/2024 s. 8(2).
(a) a member who is a child shall not be entitled to vote at any general meeting;
S. 23(5)(b) amended by Nos 33/2013 s. 15(2), 29/2024 s. 8(3).
(b) where any member is by any rule of law disabled from dealing with the member's property, any vote ordinarily exercisable by the member at a general meeting shall not be exercised by the member, but any person who is for the time being authorized by law to control the property of the person so disabled may attend and exercise the vote in the member's place; and
(c) where the Crown or a corporation is entitled to exercise any vote at a general meeting, any person authorized to represent the Crown or the corporation at the meeting may attend and vote on behalf of the Crown or the corporation.
S. 23AA inserted by No. 29/2024 s. 9.
23AA Minutes of general meeting
(1) A Trust must ensure that minutes of each general meeting of the Trust are kept which record—
(a) the persons who attended the meeting; and
(b) the business considered at the meeting; and
(c) any resolution on which a vote was taken and the result of the vote; and
(d) any other prescribed matters.
(2) A Trust must ensure that the minutes of a general meeting are made available to a member of the Trust or the Minister within 14 days after receiving a written request to do so from the member or the Minister.
Heading preceding s. 23AAB inserted by No. 58/2004 s. 7, amended by No. 33/2013 s. 16.
Administration of the Trusts
S. 23AAB inserted by No. 29/2024 s. 19.
23AAB Appointment of independent auditor
The Minister may appoint an independent auditor for a specified period to investigate whether a Trust is, or has been—
(a) in contravention of this Act; or
(b) in contravention of any other Act or law in relation to the management of the Trust; or
(c) in a circumstance which may constitute a basis for the appointment of an Administrator.
S. 23AAC inserted by No. 29/2024 s. 19.
23AAC Independent investigation and report to Minister
(1) For the purpose of conducting an independent investigation, an independent auditor may—
(a) examine any accounts, minutes or other records kept by the Trust; and
(b) require the Trust to provide any information or document to the independent auditor.
(2) Subject to any privilege in law or any secrecy provision in any Act, the Trust must comply with a requirement under subsection (1).
(3) The independent auditor must report to the Minister on the findings of the independent investigation and provide recommendations as appropriate.
(4) A report under subsection (3) must not include—
(a) any information that the independent auditor considers would prejudice any criminal proceeding or criminal investigation; or
(b) a finding or an opinion that a specified person is guilty of or has committed, is committing or is about to commit an offence; or
(c) a recommendation that a specified person be, or an opinion that a specified person should be, prosecuted for an offence.
S. 23AAD inserted by No. 29/2024 s. 19.
23AAD Protection from liability
(1) An independent auditor is not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a power or the performance of a function under this Act; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act.
(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the independent auditor attaches instead to the State.
S. 23AAE inserted by No. 29/2024 s. 19.
23AAE Offence to hinder or obstruct independent auditor
A person must not intentionally or recklessly obstruct or hinder an independent auditor in the performance of the auditor's functions or the exercise of the auditor's powers under this Act.
Penalty: 30 penalty units.
S. 23A (Heading) amended by No. 33/2013 s. 17(1).
S. 23A inserted by No. 58/2004 s. 7, amended by No. 33/2013 s. 17(2).