sec.106Casting an electronic vote—open motion

### sec.106 Casting an electronic vote—open motion This section applies if the body corporate has by ordinary resolution decided that voters may cast an electronic vote on a motion. The body corporate may pass a resolution mentioned in subsection (1) only if the body corporate operates a system for receiving electronic votes that— 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 secretary 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 88 (5) (f) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary 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; and any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically. An electronic vote on a motion may be withdrawn by a voter at any time before the result of the motion is declared, except that an owner’s electronic vote can not be withdrawn by a person voting as the proxy for the owner. s 106 amd 2021 SL No. 13 s 9 (sec.106-ssec.1) This section applies if the body corporate has by ordinary resolution decided that voters may cast an electronic vote on a motion. (sec.106-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— 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 secretary to receive the electronic votes. (sec.106-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.106-ssec.4) Also, to cast an electronic vote a person must comply with— the instructions given by the secretary under section 88 (5) (f) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary 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; and any requirement under the Electronic Transactions (Queensland) Act 2001 about how a document must be signed or sent electronically. (sec.106-ssec.5) An electronic vote on a motion may be withdrawn by a voter at any time before the result of the motion is declared, except that an owner’s electronic vote can not be withdrawn by a person voting as the proxy for the owner. - (a) 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 - (b) does not allow a person other than the secretary 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 88 (5) (f) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary 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; 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; 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; and