sec.39Voting rights

### sec.39 Voting rights Any powers of voting conferred by or under this part may be exercised— in the case of a proprietor who is an infant—by the proprietor’s guardian; in the case of a proprietor who is for any reason unable to control the proprietor’s property—by the person who for the time being is authorised by law to control that property; in the case of a proprietor which is a body corporate—by the person nominated pursuant to section 38 by that body corporate. Where the Supreme Court of Queensland upon the application of the principal body corporate or of any proprietor is satisfied that there is no person able to vote in respect of an initial lot or a secondary lot or that the person able to vote in respect of the lot cannot be found, the court in its discretion may appoint the public trustee or some other fit and proper person for the purpose of exercising such powers of voting under this part as the court shall determine. The court may order service of notice of an application under subsection (2) on such persons as it thinks fit or may dispense with service of such notice. On making an appointment under subsection (2) the court may make such order as it thinks necessary or expedient to give effect to the appointment including an order as to the payment of costs of the application, and may vary an order so made. The powers of the court under this section may be exercised by the registrar in the first instance, who may refer the application to a judge and who shall so refer it at the request of the applicant or any respondent. In this section and in section 40 — registrar means the registrar of the Supreme Court of Queensland at Brisbane, Rockhampton or Townsville, as the case may be, and includes a deputy registrar. (sec.39-ssec.1) Any powers of voting conferred by or under this part may be exercised— in the case of a proprietor who is an infant—by the proprietor’s guardian; in the case of a proprietor who is for any reason unable to control the proprietor’s property—by the person who for the time being is authorised by law to control that property; in the case of a proprietor which is a body corporate—by the person nominated pursuant to section 38 by that body corporate. (sec.39-ssec.2) Where the Supreme Court of Queensland upon the application of the principal body corporate or of any proprietor is satisfied that there is no person able to vote in respect of an initial lot or a secondary lot or that the person able to vote in respect of the lot cannot be found, the court in its discretion may appoint the public trustee or some other fit and proper person for the purpose of exercising such powers of voting under this part as the court shall determine. (sec.39-ssec.3) The court may order service of notice of an application under subsection (2) on such persons as it thinks fit or may dispense with service of such notice. (sec.39-ssec.4) On making an appointment under subsection (2) the court may make such order as it thinks necessary or expedient to give effect to the appointment including an order as to the payment of costs of the application, and may vary an order so made. (sec.39-ssec.5) The powers of the court under this section may be exercised by the registrar in the first instance, who may refer the application to a judge and who shall so refer it at the request of the applicant or any respondent. (sec.39-ssec.6) In this section and in section 40 — registrar means the registrar of the Supreme Court of Queensland at Brisbane, Rockhampton or Townsville, as the case may be, and includes a deputy registrar. - (a) in the case of a proprietor who is an infant—by the proprietor’s guardian; - (b) in the case of a proprietor who is for any reason unable to control the proprietor’s property—by the person who for the time being is authorised by law to control that property; - (c) in the case of a proprietor which is a body corporate—by the person nominated pursuant to section 38 by that body corporate.