sec.49Meaning of voter for general meeting [ SM, s 101 ]

sec.49 Meaning of voter for general meeting [ SM, s 101 ]

A voter for a general meeting of the body corporate is an individual— whose name is entered on the body corporate’s roll as— the owner of a lot; or the representative of the owner of a lot; or a corporate owner nominee; or a subsidiary scheme representative; or who is the nominee of a corporation whose name is entered on the body corporate’s roll as the representative of the owner of a lot. For subsection (1) (a) (ii) and (b), a person is the representative of the owner of a lot if— the person is a guardian, trustee, receiver or other representative of the owner of the lot, and is authorised to act on the owner’s behalf; or the person— is acting under the authority of a power of attorney given to the person by the owner of the lot; and is not the original owner, except if the power of attorney is given under section 211 or 219 of the Act ; and is not the body corporate manager or a service contractor. For subsection (2) (b) , a person may only act as the owner’s representative in relation to more than one lot if— the owner of each lot is the same person; or for each lot—the representative is a family member of the owner of the lot; or the power of attorney is given under section 211 or section 219 of the Act . Also, a person may be treated as the owner’s representative only if the person— gives the secretary a copy of the instrument under which the person derives the representative capacity or otherwise satisfies the secretary of the person’s representative capacity; and advises the secretary of the person’s residential or business address, and address for service, if different from the residential or business address. The owner of a lot may revoke the authorisation of a person acting as the owner’s representative by written notice of revocation given to the secretary. For subsection (1) (a) (iii) or (b), a person is taken to be the nominee of a corporation or corporate owner (the nominating entity ) only if the nominating entity gives the secretary written notice of nomination stating— the name of the nominee; or the names of 2 nominees, 1 of whom is to act in the absence of the other. The notice of nomination must— be given— under the seal of the nominating entity or in another way permitted under the Corporations Act , section 127 ; or by a person acting under the authority of a power of attorney from the nominating entity, a copy of whose power of attorney is also given to the secretary; and advise the residential or business address, and address for service, if different from the residential or business address, of each nominee. A nominating entity may change a nomination mentioned in subsection (6) by giving the secretary written notice of a new nomination, in a way mentioned in subsection (7) , stating the name and address of the new nominee or the new alternative nominees. In this section— family , of an individual, means the following persons— the individual’s spouse; each of the children of the individual or the individual’s spouse who is 18 years or more, including a step-child or an adopted child; each of the individual’s parents, including a step-parent; a brother or sister of the individual. (sec.49-ssec.1) A voter for a general meeting of the body corporate is an individual— whose name is entered on the body corporate’s roll as— the owner of a lot; or the representative of the owner of a lot; or a corporate owner nominee; or a subsidiary scheme representative; or who is the nominee of a corporation whose name is entered on the body corporate’s roll as the representative of the owner of a lot. (sec.49-ssec.2) For subsection (1) (a) (ii) and (b), a person is the representative of the owner of a lot if— the person is a guardian, trustee, receiver or other representative of the owner of the lot, and is authorised to act on the owner’s behalf; or the person— is acting under the authority of a power of attorney given to the person by the owner of the lot; and is not the original owner, except if the power of attorney is given under section 211 or 219 of the Act ; and is not the body corporate manager or a service contractor. (sec.49-ssec.3) For subsection (2) (b) , a person may only act as the owner’s representative in relation to more than one lot if— the owner of each lot is the same person; or for each lot—the representative is a family member of the owner of the lot; or the power of attorney is given under section 211 or section 219 of the Act . (sec.49-ssec.4) Also, a person may be treated as the owner’s representative only if the person— gives the secretary a copy of the instrument under which the person derives the representative capacity or otherwise satisfies the secretary of the person’s representative capacity; and advises the secretary of the person’s residential or business address, and address for service, if different from the residential or business address. (sec.49-ssec.5) The owner of a lot may revoke the authorisation of a person acting as the owner’s representative by written notice of revocation given to the secretary. (sec.49-ssec.6) For subsection (1) (a) (iii) or (b), a person is taken to be the nominee of a corporation or corporate owner (the nominating entity ) only if the nominating entity gives the secretary written notice of nomination stating— the name of the nominee; or the names of 2 nominees, 1 of whom is to act in the absence of the other. (sec.49-ssec.7) The notice of nomination must— be given— under the seal of the nominating entity or in another way permitted under the Corporations Act , section 127 ; or by a person acting under the authority of a power of attorney from the nominating entity, a copy of whose power of attorney is also given to the secretary; and advise the residential or business address, and address for service, if different from the residential or business address, of each nominee. (sec.49-ssec.8) A nominating entity may change a nomination mentioned in subsection (6) by giving the secretary written notice of a new nomination, in a way mentioned in subsection (7) , stating the name and address of the new nominee or the new alternative nominees. (sec.49-ssec.9) In this section— family , of an individual, means the following persons— the individual’s spouse; each of the children of the individual or the individual’s spouse who is 18 years or more, including a step-child or an adopted child; each of the individual’s parents, including a step-parent; a brother or sister of the individual.