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Body Corporate and Community Management (Standard Module) Regulation 2020
sec.88Requirements for voting papers
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### sec.88 Requirements for voting papers
The secretary must prepare a hard copy voting paper and, if applicable, an electronic form of the voting paper for all open motions to be decided at a general meeting.
Also, the secretary must prepare a hard copy voting paper, and, if applicable, an electronic form of the voting paper (each a secret voting paper ) for a motion to be decided at the meeting by secret ballot.
If 2 or more motions are to be decided at the meeting by secret ballot, they may, but need not, appear on 1 secret voting paper.
However, if 2 or more motions that are part of a group of same-issue motions are to be decided at the meeting by secret ballot, they must appear on 1 secret voting paper.
A voting paper must—
state each motion in accordance with subsection (6) ; and
state for each motion whether a resolution without dissent, special resolution, majority resolution or ordinary resolution is required; and
for a secret voting paper—be marked with the words ‘secret voting paper’; and
if the voting paper is accompanied by an explanatory schedule including an explanatory note for a motion—state that an explanatory note for the motion is included in the explanatory schedule; and
if the voting paper is for a hard copy vote—provide for a person, who is a voter for the general meeting, to cast a hard copy vote on each motion to be considered at the meeting; and
if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for open motions—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each open motion to be decided at the meeting; and
if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for motions to be decided by secret ballot—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each motion to be decided by secret ballot at the meeting.
Subject to subsection (7) , the voting paper must, for each motion, state—
the motion in the form in which it was submitted without amendment; and
if the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; and
if the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion.
A voting paper that includes a group of same-issue motions must also list the motions that are part of the group—
under the title of the group of same-issue motions as shown on the agenda for the meeting; and
in the following order—
motions requiring a resolution without dissent;
motions requiring a special resolution;
motions requiring a majority resolution;
motions requiring an ordinary resolution.
To remove any doubt, it is declared that if a group of same-issue motions includes open motions and motions to be decided by secret ballot—
the voting paper for the open motions lists only the open motions; and
the secret voting paper lists only the motions to be decided by secret ballot.
(sec.88-ssec.1) The secretary must prepare a hard copy voting paper and, if applicable, an electronic form of the voting paper for all open motions to be decided at a general meeting.
(sec.88-ssec.2) Also, the secretary must prepare a hard copy voting paper, and, if applicable, an electronic form of the voting paper (each a secret voting paper ) for a motion to be decided at the meeting by secret ballot.
(sec.88-ssec.3) If 2 or more motions are to be decided at the meeting by secret ballot, they may, but need not, appear on 1 secret voting paper.
(sec.88-ssec.4) However, if 2 or more motions that are part of a group of same-issue motions are to be decided at the meeting by secret ballot, they must appear on 1 secret voting paper.
(sec.88-ssec.5) A voting paper must— state each motion in accordance with subsection (6) ; and state for each motion whether a resolution without dissent, special resolution, majority resolution or ordinary resolution is required; and for a secret voting paper—be marked with the words ‘secret voting paper’; and if the voting paper is accompanied by an explanatory schedule including an explanatory note for a motion—state that an explanatory note for the motion is included in the explanatory schedule; and if the voting paper is for a hard copy vote—provide for a person, who is a voter for the general meeting, to cast a hard copy vote on each motion to be considered at the meeting; and if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for open motions—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each open motion to be decided at the meeting; and if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for motions to be decided by secret ballot—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each motion to be decided by secret ballot at the meeting.
(sec.88-ssec.6) Subject to subsection (7) , the voting paper must, for each motion, state— the motion in the form in which it was submitted without amendment; and if the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; and if the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion.
(sec.88-ssec.7) A voting paper that includes a group of same-issue motions must also list the motions that are part of the group— under the title of the group of same-issue motions as shown on the agenda for the meeting; and in the following order— motions requiring a resolution without dissent; motions requiring a special resolution; motions requiring a majority resolution; motions requiring an ordinary resolution.
(sec.88-ssec.8) To remove any doubt, it is declared that if a group of same-issue motions includes open motions and motions to be decided by secret ballot— the voting paper for the open motions lists only the open motions; and the secret voting paper lists only the motions to be decided by secret ballot.
- (a) state each motion in accordance with subsection (6) ; and
- (b) state for each motion whether a resolution without dissent, special resolution, majority resolution or ordinary resolution is required; and
- (c) for a secret voting paper—be marked with the words ‘secret voting paper’; and
- (d) if the voting paper is accompanied by an explanatory schedule including an explanatory note for a motion—state that an explanatory note for the motion is included in the explanatory schedule; and
- (e) if the voting paper is for a hard copy vote—provide for a person, who is a voter for the general meeting, to cast a hard copy vote on each motion to be considered at the meeting; and
- (f) if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for open motions—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each open motion to be decided at the meeting; and
- (g) if the body corporate has by ordinary resolution decided that voters for general meetings may cast votes electronically for motions to be decided by secret ballot—be accompanied by instructions on how a person who is a voter for the general meeting may cast an electronic vote on each motion to be decided by secret ballot at the meeting.
- (a) the motion in the form in which it was submitted without amendment; and
- (b) if the motion is not submitted by the committee—the name and, if applicable, the lot number of the person submitting the motion; and
- (c) if the motion is submitted by the committee—that the motion is submitted by the committee and whether the motion is a statutory motion.
- (a) under the title of the group of same-issue motions as shown on the agenda for the meeting; and
- (b) in the following order— (i) motions requiring a resolution without dissent; (ii) motions requiring a special resolution; (iii) motions requiring a majority resolution; (iv) motions requiring an ordinary resolution.
- (i) motions requiring a resolution without dissent;
- (ii) motions requiring a special resolution;
- (iii) motions requiring a majority resolution;
- (iv) motions requiring an ordinary resolution.
- (i) motions requiring a resolution without dissent;
- (ii) motions requiring a special resolution;
- (iii) motions requiring a majority resolution;
- (iv) motions requiring an ordinary resolution.
- (a) the voting paper for the open motions lists only the open motions; and
- (b) the secret voting paper lists only the motions to be decided by secret ballot.