sec.101

sec.101 Conduct of secret ballot—electronic voting [SM s 111 ]

This section applies if the body corporate has by ordinary resolution decided that voters may cast an electronic vote on a motion to be decided by secret ballot. The body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that— does not disclose a voter’s identity; and rejects a vote cast by a person who— is not eligible to vote on the motion; or has already cast a vote on the motion; and does not allow a person other than the returning officer to receive the electronic votes. The system for receiving electronic votes may allow a voter who is present personally at the general meeting to cast a vote electronically at the meeting. The system may allow voters to cast a vote using a computer, smartphone or tablet computer. Also, to cast an electronic vote a person must comply with— the instructions given by the secretary under section 78 (5) (g) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the returning officer receives the vote— before the general meeting; or if the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting before the votes are counted; and any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically. s 101 amd 2021 SL No. 13 s 4 (sec.101-ssec.1) This section applies if the body corporate has by ordinary resolution decided that voters may cast an electronic vote on a motion to be decided by secret ballot. (sec.101-ssec.2) The body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that— does not disclose a voter’s identity; and rejects a vote cast by a person who— is not eligible to vote on the motion; or has already cast a vote on the motion; and does not allow a person other than the returning officer to receive the electronic votes. (sec.101-ssec.3) The system for receiving electronic votes may allow a voter who is present personally at the general meeting to cast a vote electronically at the meeting. The system may allow voters to cast a vote using a computer, smartphone or tablet computer. (sec.101-ssec.4) Also, to cast an electronic vote a person must comply with— the instructions given by the secretary under section 78 (5) (g) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the returning officer receives the vote— before the general meeting; or if the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting before the votes are counted; and any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.

• (a) does not disclose a voter’s identity; and
• (b) rejects a vote cast by a person who— (i) is not eligible to vote on the motion; or (ii) has already cast a vote on the motion; and
• (i) is not eligible to vote on the motion; or
• (ii) has already cast a vote on the motion; and
• (c) does not allow a person other than the returning officer to receive the electronic votes.
• (i) is not eligible to vote on the motion; or
• (ii) has already cast a vote on the motion; and
• (a) the instructions given by the secretary under section 78 (5) (g) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the returning officer receives the vote— (i) before the general meeting; or (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting before the votes are counted; and
• (i) before the general meeting; or
• (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting before the votes are counted; and
• (b) any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically.
• (i) before the general meeting; or
• (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the general meeting—at the meeting before the votes are counted; and