sch.4-sec.12Counting of votes

### sch.4-sec.12 Counting of votes Subject to this clause, a motion submitted at a meeting shall be decided according to the number of votes cast for and against the motion, whether personally or by proxy, each person entitled to vote having 1 vote in respect of each lot in respect of which he or she is entitled to vote. If— a poll is demanded by any person entitled to vote at a meeting on a motion submitted at that meeting, whether or not the motion has been decided under subclause (1), and the demand is made by that person personally at the meeting; or a motion submitted at the meeting is for a resolution which, if it is to be effective, is required by this Act to be a special resolution; the motion shall be decided according to the value, ascertained under subclause (3), of the votes cast for and against the motion, whether personally or by proxy. For the purposes of subclause (2), the value of a vote cast on a motion submitted at a meeting by a person entitled to vote in respect of a lot is equal to the lot entitlement of that lot. Any 1 co-lessee or co-mortgagee may demand a poll and on any poll each co-lessee or co-mortgagee shall be entitled to such part of the vote applicable to a lot as is proportional to his or her interest in the lease of the lot. (amended) A joint proxy (if any) on a poll shall have a vote proportional to the interests in the lease of the lot of such of the co-lessees or co-mortgagees as do not vote personally or by individual proxy. (amended) A poll shall be taken in such manner as the chairperson thinks fit. A demand for a poll may be withdrawn by the person who made it. In the case of equality in the votes whether on a show of hands or on a poll, the chairperson of the meeting shall be entitled to a casting vote in addition to his or her original vote whether or not he or she has exercised that original vote. (sch.4-sec.12-ssec.1) Subject to this clause, a motion submitted at a meeting shall be decided according to the number of votes cast for and against the motion, whether personally or by proxy, each person entitled to vote having 1 vote in respect of each lot in respect of which he or she is entitled to vote. (sch.4-sec.12-ssec.2) If— a poll is demanded by any person entitled to vote at a meeting on a motion submitted at that meeting, whether or not the motion has been decided under subclause (1), and the demand is made by that person personally at the meeting; or a motion submitted at the meeting is for a resolution which, if it is to be effective, is required by this Act to be a special resolution; the motion shall be decided according to the value, ascertained under subclause (3), of the votes cast for and against the motion, whether personally or by proxy. (sch.4-sec.12-ssec.3) For the purposes of subclause (2), the value of a vote cast on a motion submitted at a meeting by a person entitled to vote in respect of a lot is equal to the lot entitlement of that lot. (sch.4-sec.12-ssec.4) Any 1 co-lessee or co-mortgagee may demand a poll and on any poll each co-lessee or co-mortgagee shall be entitled to such part of the vote applicable to a lot as is proportional to his or her interest in the lease of the lot. (amended) (sch.4-sec.12-ssec.4A) A joint proxy (if any) on a poll shall have a vote proportional to the interests in the lease of the lot of such of the co-lessees or co-mortgagees as do not vote personally or by individual proxy. (amended) (sch.4-sec.12-ssec.5) A poll shall be taken in such manner as the chairperson thinks fit. (sch.4-sec.12-ssec.6) A demand for a poll may be withdrawn by the person who made it. (sch.4-sec.12-ssec.7) In the case of equality in the votes whether on a show of hands or on a poll, the chairperson of the meeting shall be entitled to a casting vote in addition to his or her original vote whether or not he or she has exercised that original vote. - (a) a poll is demanded by any person entitled to vote at a meeting on a motion submitted at that meeting, whether or not the motion has been decided under subclause (1), and the demand is made by that person personally at the meeting; or - (b) a motion submitted at the meeting is for a resolution which, if it is to be effective, is required by this Act to be a special resolution;