Co-operatives National Law (NSW)
250Holding of postal ballot on requisition
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250 Holding of postal ballot on requisition
250 Holding of postal ballot on requisition
(1) The board of a co-operative must conduct a postal ballot (including a special postal ballot) for the passing of a special resolution on the written requisition of the number of members who together are able to cast at least 20% (or a lesser percentage specified in the rules of the co-operative) of the total number of votes able to be cast at a meeting of the co-operative.
(2) A member cannot be a requisitioning member unless the member is an active member.
(3) The following provisions apply to a requisition for a postal ballot—
(a) it must state—
(i) the proposed special resolution to be voted on; and
(ii) the reasons for the making of the special resolution; and
(iii) the effect of the special resolution being passed;
(b) it must be signed by the requisitioning members (and may consist of several documents in like form each signed by one or more of the requisitioning members);
(c) it must be served on the co-operative by being filed at the registered office of the co-operative.
(4) The postal ballot must be conducted as soon as practicable and in any case must be conducted within 2 months after the requisition is served.
(5) If the special resolution for which the requisitioned postal ballot is conducted is not passed, the co-operative may recover the expenses of the postal ballot from the members who requisitioned the postal ballot as a debt payable to the co-operative.