Body Corporate and Community Management (Small Schemes Module) Regulation 2020
sec.54Amendment of motions at general meetings [ SM, s 115 ]
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sec.54 Amendment of motions at general meetings [ SM, s 115 ]
A motion, other than an original motion that is part of a group of same-issue motions, may be amended at a general meeting by the persons present, and having the right to vote, at the meeting. However, an amendment can not be made that changes the subject matter of the motion. In counting the votes cast in favour of and against a motion to amend a motion, or an amended motion, a person who is not present at the meeting personally or by proxy, but would, if present, have the right to vote— if the person has not cast a vote on the motion in its original form—must not be counted as voting in favour of or against the motion; or if the person has cast a vote on the motion in its original form—must be counted as voting against the motion. For subsection (3) , a person is taken to be present at the meeting personally if the person can immediately communicate to the meeting a vote on a motion in a way permitted by the body corporate under section 52 . (sec.54-ssec.1) A motion, other than an original motion that is part of a group of same-issue motions, may be amended at a general meeting by the persons present, and having the right to vote, at the meeting. (sec.54-ssec.2) However, an amendment can not be made that changes the subject matter of the motion. (sec.54-ssec.3) In counting the votes cast in favour of and against a motion to amend a motion, or an amended motion, a person who is not present at the meeting personally or by proxy, but would, if present, have the right to vote— if the person has not cast a vote on the motion in its original form—must not be counted as voting in favour of or against the motion; or if the person has cast a vote on the motion in its original form—must be counted as voting against the motion. (sec.54-ssec.4) For subsection (3) , a person is taken to be present at the meeting personally if the person can immediately communicate to the meeting a vote on a motion in a way permitted by the body corporate under section 52 .
- (a) if the person has not cast a vote on the motion in its original form—must not be counted as voting in favour of or against the motion; or
- (b) if the person has cast a vote on the motion in its original form—must be counted as voting against the motion.