QLDIn ForceRegulation
Body Corporate and Community Management (Standard Module) Regulation 2020
sec.111Conduct of secret ballot—electronic voting
Start here
Get a plain-English read of sec.111
Turn the raw legal text into a practical explanation grounded in Body Corporate and Community Management (Standard Module) Regulation 2020.
### sec.111 Conduct of secret ballot—electronic voting
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 88 (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 111 amd 2021 SL No. 13 s 10
(sec.111-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.111-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.111-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.111-ssec.4) Also, to cast an electronic vote a person must comply with— the instructions given by the secretary under section 88 (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.
- (a) does not disclose a voter’s identity; and
- (b) 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
- (c) does not allow a person other than the returning officer 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) (g) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the returning officer 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 before the votes are counted; 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 before the votes are counted; 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 before the votes are counted; and