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Body Corporate and Community Management (Standard Module) Regulation 2020
sec.33Conduct of ballot—scrutiny of votes
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### sec.33 Conduct of ballot—scrutiny of votes
If a ballot for positions on the committee is an open ballot, the person chairing the meeting must—
confirm each vote is the vote of a person who has the right to vote in the election; and
if a ballot paper is in a ballot paper envelope—take the ballot paper out of the envelope.
Subsection (3) applies if—
a ballot for positions on the committee is a secret ballot; and
any votes in the ballot were cast as hard copy votes.
The person chairing the meeting must—
for each hard copy vote—
confirm, by a scrutiny of the details on the particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and
take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and
place the ballot paper envelope in a receptacle in open view of the meeting; and
after paragraph (a) has been complied with for all ballot paper envelopes—
randomly mix the envelopes; and
take each ballot paper out of its envelope.
Subsection (5) applies if—
a ballot for positions on the committee is a secret ballot; and
any votes in the ballot were cast as electronic votes.
The person chairing the meeting must, for each electronic vote, confirm the vote is the vote of a person who has the right to vote in the election.
The person chairing the meeting must record the count of votes in each ballot in the minutes of the meeting.
The person chairing the meeting may delegate a function under subsection (1) , (3) or (5) in relation to a ballot for a position on the committee to a person attending the meeting (the delegate ) if—
the person chairing the meeting considers the delegate has sufficient independence; and
the delegate is not a candidate for the position.
(sec.33-ssec.1) If a ballot for positions on the committee is an open ballot, the person chairing the meeting must— confirm each vote is the vote of a person who has the right to vote in the election; and if a ballot paper is in a ballot paper envelope—take the ballot paper out of the envelope.
(sec.33-ssec.2) Subsection (3) applies if— a ballot for positions on the committee is a secret ballot; and any votes in the ballot were cast as hard copy votes.
(sec.33-ssec.3) The person chairing the meeting must— for each hard copy vote— confirm, by a scrutiny of the details on the particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and place the ballot paper envelope in a receptacle in open view of the meeting; and after paragraph (a) has been complied with for all ballot paper envelopes— randomly mix the envelopes; and take each ballot paper out of its envelope.
(sec.33-ssec.4) Subsection (5) applies if— a ballot for positions on the committee is a secret ballot; and any votes in the ballot were cast as electronic votes.
(sec.33-ssec.5) The person chairing the meeting must, for each electronic vote, confirm the vote is the vote of a person who has the right to vote in the election.
(sec.33-ssec.6) The person chairing the meeting must record the count of votes in each ballot in the minutes of the meeting.
(sec.33-ssec.7) The person chairing the meeting may delegate a function under subsection (1) , (3) or (5) in relation to a ballot for a position on the committee to a person attending the meeting (the delegate ) if— the person chairing the meeting considers the delegate has sufficient independence; and the delegate is not a candidate for the position.
- (a) confirm each vote is the vote of a person who has the right to vote in the election; and
- (b) if a ballot paper is in a ballot paper envelope—take the ballot paper out of the envelope.
- (a) a ballot for positions on the committee is a secret ballot; and
- (b) any votes in the ballot were cast as hard copy votes.
- (a) for each hard copy vote— (i) confirm, by a scrutiny of the details on the particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and (ii) take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and (iii) place the ballot paper envelope in a receptacle in open view of the meeting; and
- (i) confirm, by a scrutiny of the details on the particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and
- (ii) take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and
- (iii) place the ballot paper envelope in a receptacle in open view of the meeting; and
- (b) after paragraph (a) has been complied with for all ballot paper envelopes— (i) randomly mix the envelopes; and (ii) take each ballot paper out of its envelope.
- (i) randomly mix the envelopes; and
- (ii) take each ballot paper out of its envelope.
- (i) confirm, by a scrutiny of the details on the particulars envelope or particulars tab, that the ballot paper is the vote of a person who has the right to vote in the election; and
- (ii) take the ballot paper envelope out of the particulars envelope, or detach the particulars tab from the ballot paper envelope; and
- (iii) place the ballot paper envelope in a receptacle in open view of the meeting; and
- (i) randomly mix the envelopes; and
- (ii) take each ballot paper out of its envelope.
- (a) a ballot for positions on the committee is a secret ballot; and
- (b) any votes in the ballot were cast as electronic votes.
- (a) the person chairing the meeting considers the delegate has sufficient independence; and
- (b) the delegate is not a candidate for the position.