sec.46Power of person chairing general meeting to rule motion out of order [ SM, s 98 ]

sec.46 Power of person chairing general meeting to rule motion out of order [ SM, s 98 ]

The person chairing a general meeting of the body corporate must rule a motion out of order if— the motion, if carried, would— conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or be unlawful or unenforceable for another reason; or for a motion other than a procedural motion for the conduct of the meeting, or a motion to correct minutes—the substance of the motion was not included in the agenda for the meeting. The person chairing the meeting must, when ruling a motion out of order— give reasons for the ruling; and for a ruling given under subsection (1) (a) —state how the ruling may be reversed by the persons present and entitled to vote on the issue. The persons present and entitled to vote may reverse a ruling given under subsection (1) (a) by passing an ordinary resolution disagreeing with the ruling. The reasons given by the person chairing the meeting for ruling a motion out of order must be recorded in the minutes of the meeting. To remove any doubt, it is declared that— nothing in subsection (1) (a) (i) permits the chairperson to rule an original motion that is part of a group of same-issue motions out of order simply because another original motion that is part of that group has already been voted on; and if the chairperson rules an original motion that is part of a group of same-issue motions out of order, the other motions that are part of the group may still be considered by the meeting. (sec.46-ssec.1) The person chairing a general meeting of the body corporate must rule a motion out of order if— the motion, if carried, would— conflict with the Act , this regulation or the by-laws, or a motion already voted on at the meeting; or be unlawful or unenforceable for another reason; or for a motion other than a procedural motion for the conduct of the meeting, or a motion to correct minutes—the substance of the motion was not included in the agenda for the meeting. (sec.46-ssec.2) The person chairing the meeting must, when ruling a motion out of order— give reasons for the ruling; and for a ruling given under subsection (1) (a) —state how the ruling may be reversed by the persons present and entitled to vote on the issue. (sec.46-ssec.3) The persons present and entitled to vote may reverse a ruling given under subsection (1) (a) by passing an ordinary resolution disagreeing with the ruling. (sec.46-ssec.4) The reasons given by the person chairing the meeting for ruling a motion out of order must be recorded in the minutes of the meeting. (sec.46-ssec.5) To remove any doubt, it is declared that— nothing in subsection (1) (a) (i) permits the chairperson to rule an original motion that is part of a group of same-issue motions out of order simply because another original motion that is part of that group has already been voted on; and if the chairperson rules an original motion that is part of a group of same-issue motions out of order, the other motions that are part of the group may still be considered by the meeting.