Body Corporate and Community Management (Commercial Module) Regulation 2020
sec.69Conduct of secret ballot—electronic voting [ SM, s 111 ]
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sec.69 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 46 (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 69 amd 2021 SL No. 13 s 7 (sec.69-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.69-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.69-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.69-ssec.4) Also, to cast an electronic vote, a person must comply with— the instructions given by the secretary under section 46 (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.