sch.1-sec.21Nomination procedures for second or subsequent annual general meeting

### sch.1-sec.21 Nomination procedures for second or subsequent annual general meeting This section applies to the nomination of a chairperson, secretary and treasurer of a body corporate, and other committee members, at an annual general meeting of the body corporate other than an annual general meeting mentioned in section 20 (1) . However, this section does not apply to a body corporate, to which, because of a resolution of the body corporate under section 41 (1) of the modified Act, or a referee’s order under section 41 (4) or (4A) of the modified Act— a provision of schedule 2 , part 2 of the modified Act does not apply; or schedule 4 , section 10 (f) of the modified Act does not fully apply. The nomination must comply with the following rules— The secretary must serve a notice on each lessee shown on the body corporate’s roll, inviting the lessee to nominate candidates for the following positions— chairperson; secretary; treasurer; other member of the committee. The notice must be served at least 14 days before the day on which nominations close. See section 127 (3) of the modified Act. Nominations close 21 days before the anniversary of the first annual general meeting. A nomination of a person for election as chairperson, secretary, treasurer or other member of a committee must— state the full name of the person nominated; and state whether the nominee is— an individual who is a lessee; or a company nominee of a corporation that is a lessee; or an individual who is not a lessee but who is nominated for election; and state the full name of the person who made the nomination; and be signed by the nominee and the person who made the nomination. The secretary must not include in a ballot paper the name of a person whose name is included in a nomination that does not comply with rule 4 . If, for the position of chairperson, secretary or treasurer— no person is nominated—the chairperson at the annual general meeting must invite nominations for the relevant position and must conduct an election in the same way as an election under section 20 ; or only 1 person is nominated for a position—the chairperson at the annual general meeting must declare the person is elected; or more than 1 person is nominated for a position—a ballot must be conducted for the position. If, for the position of another member of the committee— no person is nominated—the chairperson at the annual general meeting must invite nominations for the position and conduct an election in the same way as an election under section 20 ; or less than the number of persons required to be elected are nominated—the chairperson at the annual general meeting— must declare each person who has been nominated is elected; and must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or more persons are nominated than are required to be elected—a ballot must be conducted for the position. (amended) (sch.1-sec.21-ssec.1) This section applies to the nomination of a chairperson, secretary and treasurer of a body corporate, and other committee members, at an annual general meeting of the body corporate other than an annual general meeting mentioned in section 20 (1) . (sch.1-sec.21-ssec.2) However, this section does not apply to a body corporate, to which, because of a resolution of the body corporate under section 41 (1) of the modified Act, or a referee’s order under section 41 (4) or (4A) of the modified Act— a provision of schedule 2 , part 2 of the modified Act does not apply; or schedule 4 , section 10 (f) of the modified Act does not fully apply. (sch.1-sec.21-ssec.3) The nomination must comply with the following rules— The secretary must serve a notice on each lessee shown on the body corporate’s roll, inviting the lessee to nominate candidates for the following positions— chairperson; secretary; treasurer; other member of the committee. The notice must be served at least 14 days before the day on which nominations close. See section 127 (3) of the modified Act. Nominations close 21 days before the anniversary of the first annual general meeting. A nomination of a person for election as chairperson, secretary, treasurer or other member of a committee must— state the full name of the person nominated; and state whether the nominee is— an individual who is a lessee; or a company nominee of a corporation that is a lessee; or an individual who is not a lessee but who is nominated for election; and state the full name of the person who made the nomination; and be signed by the nominee and the person who made the nomination. The secretary must not include in a ballot paper the name of a person whose name is included in a nomination that does not comply with rule 4 . If, for the position of chairperson, secretary or treasurer— no person is nominated—the chairperson at the annual general meeting must invite nominations for the relevant position and must conduct an election in the same way as an election under section 20 ; or only 1 person is nominated for a position—the chairperson at the annual general meeting must declare the person is elected; or more than 1 person is nominated for a position—a ballot must be conducted for the position. If, for the position of another member of the committee— no person is nominated—the chairperson at the annual general meeting must invite nominations for the position and conduct an election in the same way as an election under section 20 ; or less than the number of persons required to be elected are nominated—the chairperson at the annual general meeting— must declare each person who has been nominated is elected; and must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or more persons are nominated than are required to be elected—a ballot must be conducted for the position. (amended) - (a) a provision of schedule 2 , part 2 of the modified Act does not apply; or - (b) schedule 4 , section 10 (f) of the modified Act does not fully apply. - 1 The secretary must serve a notice on each lessee shown on the body corporate’s roll, inviting the lessee to nominate candidates for the following positions— (a) chairperson; (b) secretary; (c) treasurer; (d) other member of the committee. - (a) chairperson; - (b) secretary; - (c) treasurer; - (d) other member of the committee. - 2 The notice must be served at least 14 days before the day on which nominations close. Note— See section 127 (3) of the modified Act. - 3 Nominations close 21 days before the anniversary of the first annual general meeting. - 4 A nomination of a person for election as chairperson, secretary, treasurer or other member of a committee must— (a) state the full name of the person nominated; and (b) state whether the nominee is— (i) an individual who is a lessee; or (ii) a company nominee of a corporation that is a lessee; or (iii) an individual who is not a lessee but who is nominated for election; and (c) state the full name of the person who made the nomination; and (d) be signed by the nominee and the person who made the nomination. - (a) state the full name of the person nominated; and - (b) state whether the nominee is— (i) an individual who is a lessee; or (ii) a company nominee of a corporation that is a lessee; or (iii) an individual who is not a lessee but who is nominated for election; and - (i) an individual who is a lessee; or - (ii) a company nominee of a corporation that is a lessee; or - (iii) an individual who is not a lessee but who is nominated for election; and - (c) state the full name of the person who made the nomination; and - (d) be signed by the nominee and the person who made the nomination. - 5 The secretary must not include in a ballot paper the name of a person whose name is included in a nomination that does not comply with rule 4 . - 6 If, for the position of chairperson, secretary or treasurer— (a) no person is nominated—the chairperson at the annual general meeting must invite nominations for the relevant position and must conduct an election in the same way as an election under section 20 ; or (b) only 1 person is nominated for a position—the chairperson at the annual general meeting must declare the person is elected; or (c) more than 1 person is nominated for a position—a ballot must be conducted for the position. - (a) no person is nominated—the chairperson at the annual general meeting must invite nominations for the relevant position and must conduct an election in the same way as an election under section 20 ; or - (b) only 1 person is nominated for a position—the chairperson at the annual general meeting must declare the person is elected; or - (c) more than 1 person is nominated for a position—a ballot must be conducted for the position. - 7 If, for the position of another member of the committee— (a) no person is nominated—the chairperson at the annual general meeting must invite nominations for the position and conduct an election in the same way as an election under section 20 ; or (b) less than the number of persons required to be elected are nominated—the chairperson at the annual general meeting— (i) must declare each person who has been nominated is elected; and (ii) must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or (c) more persons are nominated than are required to be elected—a ballot must be conducted for the position. - (a) no person is nominated—the chairperson at the annual general meeting must invite nominations for the position and conduct an election in the same way as an election under section 20 ; or - (b) less than the number of persons required to be elected are nominated—the chairperson at the annual general meeting— (i) must declare each person who has been nominated is elected; and (ii) must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or - (i) must declare each person who has been nominated is elected; and - (ii) must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or - (c) more persons are nominated than are required to be elected—a ballot must be conducted for the position. - (a) chairperson; - (b) secretary; - (c) treasurer; - (d) other member of the committee. - (a) state the full name of the person nominated; and - (b) state whether the nominee is— (i) an individual who is a lessee; or (ii) a company nominee of a corporation that is a lessee; or (iii) an individual who is not a lessee but who is nominated for election; and - (i) an individual who is a lessee; or - (ii) a company nominee of a corporation that is a lessee; or - (iii) an individual who is not a lessee but who is nominated for election; and - (c) state the full name of the person who made the nomination; and - (d) be signed by the nominee and the person who made the nomination. - (i) an individual who is a lessee; or - (ii) a company nominee of a corporation that is a lessee; or - (iii) an individual who is not a lessee but who is nominated for election; and - (a) no person is nominated—the chairperson at the annual general meeting must invite nominations for the relevant position and must conduct an election in the same way as an election under section 20 ; or - (b) only 1 person is nominated for a position—the chairperson at the annual general meeting must declare the person is elected; or - (c) more than 1 person is nominated for a position—a ballot must be conducted for the position. - (a) no person is nominated—the chairperson at the annual general meeting must invite nominations for the position and conduct an election in the same way as an election under section 20 ; or - (b) less than the number of persons required to be elected are nominated—the chairperson at the annual general meeting— (i) must declare each person who has been nominated is elected; and (ii) must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or - (i) must declare each person who has been nominated is elected; and - (ii) must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or - (c) more persons are nominated than are required to be elected—a ballot must be conducted for the position. - (i) must declare each person who has been nominated is elected; and - (ii) must invite nominations for the positions that have not been filled and conduct an election for those positions in the same way as an election under section 20 ; or