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Body Corporate and Community Management (Standard Module) Regulation 2020
sec.24Casting an electronic vote—secret ballot
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### sec.24 Casting an electronic vote—secret ballot
This section applies if the body corporate has by ordinary resolution decided that voters for an election for the committee held by secret ballot may cast votes electronically.
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 in the election; or
has already voted in the election; 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 annual 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.
To cast an electronic vote a person must comply with—
the instructions given by the secretary under section 22 (7) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the person’s vote—
before the annual general meeting; or
if the system for receiving electronic votes allows a person to cast a vote electronically at the annual 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.
(sec.24-ssec.1) This section applies if the body corporate has by ordinary resolution decided that voters for an election for the committee held by secret ballot may cast votes electronically.
(sec.24-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 in the election; or has already voted in the election; and does not allow a person other than the secretary to receive the electronic votes.
(sec.24-ssec.3) The system for receiving electronic votes may allow a voter who is present personally at the annual 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.24-ssec.4) To cast an electronic vote a person must comply with— the instructions given by the secretary under section 22 (7) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the person’s vote— before the annual general meeting; or if the system for receiving electronic votes allows a person to cast a vote electronically at the annual 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 in the election; or (ii) has already voted in the election; and
- (i) is not eligible to vote in the election; or
- (ii) has already voted in the election; and
- (c) does not allow a person other than the secretary to receive the electronic votes.
- (i) is not eligible to vote in the election; or
- (ii) has already voted in the election; and
- (a) the instructions given by the secretary under section 22 (7) , to the extent the instructions are consistent with a requirement mentioned in paragraph (b) , so that the secretary receives the person’s vote— (i) before the annual general meeting; or (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting before the votes are counted; and
- (i) before the annual general meeting; or
- (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the annual 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 annual general meeting; or
- (ii) if the system for receiving electronic votes allows a person to cast a vote electronically at the annual general meeting—at the meeting before the votes are counted; and