Australian Capital Territory Numbered Regulations

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COOPERATIVES REGULATIONS 2003 (NO 22 OF 2003) - SCHEDULE 2

Schedule 2     Postal ballots

(see reg 13)

1     Ballots

The board must formulate the proposal or proposals on which a ballot is to be held and fix a date for the close of the ballot.

2     Returning officer

    (1)     The board must appoint a person (other than a director) as returning officer for a ballot.

    (2)     In exercising the functions of returning officer, the returning officer may appoint, as assistants, anyone eligible to be a returning officer.

3     Preparation of voting roll and ballot papers

The returning officer must—

        (a)     prepare a roll stating—

              (i)     the name and address of each member of the cooperative, as disclosed by the register of members, directors and shares; and

              (ii)     the number of votes to which each member is entitled under the rules of the cooperative; and

        (b)     send the following to each member at least 21 days before the date fixed for the close of the ballot:

              (i)     a ballot paper and an inner, middle and outer envelope;

              (ii)     a copy of the proposal on which the vote is to be held;

              (iii)     for a special postal ballot—a copy of the disclosure statement mentioned in the Act, section 200 (Special postal ballots).

4     Duplicate ballot papers

The returning officer may send a duplicate ballot paper to a voter if the returning officer is satisfied that—

        (a)     the voter has not received a ballot paper; or

        (b)     the ballot paper received by the voter has been lost, spoilt or destroyed and the voter has not already voted.

5     Voting

A voter casts a vote—

        (a)     by writing ‘yes' or ‘no' in the appropriate place or places on the ballot paper or indicating the voter's intention in another way; and

        (b)     by completing any other particulars required by the ballot paper; and

        (c)     by sending the ballot paper, in the envelopes supplied, to the returning officer.

6     Safekeeping of ballot papers

The returning officer must place all outer envelopes received before the close of the ballot (and their contents) in a locked ballot box.

7     Counting of votes

    (1)     As soon as practicable after the close of the ballot, the returning officer must open the ballot box and deal with the contents as follows:

        (a)     remove from the ballot box each outer envelope and middle envelope containing particulars that identify the voter;

        (b)     reject any middle envelope that bears a name that does not correspond to 1 of the remaining names on the voting roll;

        (c)     draw a line on the voting roll through the name of each person from whom an unrejected middle envelope has been received;

        (d)     discard each outer envelope, and each middle envelope that has not been rejected, and place the inner envelope containing the ballot paper in the ballot box;

        (e)     after discarding all the outer envelopes, and middle envelopes that have not been rejected, and putting all the inner envelopes into the ballot box, remove each inner envelope from the ballot box;

        (f)     remove each ballot paper from its inner envelope;

        (g)     count the votes on the ballot papers.

    (2)     The returning officer must reject a ballot paper as informal if—

        (a)     it is not initialled by the returning officer; or

        (b)     it is so imperfectly marked the returning officer cannot find out the voter's intention with certainty.

    (3)     For each proposal, the returning officer must work out from the ballot papers—

        (a)     the number of formal votes cast in favour of the proposal; and

        (b)     the number of formal votes cast against the proposal; and

        (c)     the number of informal votes cast.

8     Report

    (1)     After the votes have been counted, the returning officer must report to the board the results of the ballot.

    (2)     The returning officer must keep the following locked in the ballot box until the board directs the returning officer to destroy them:

        (a)     all ballot papers;

        (b)     all rejected middle envelopes (and their contents);

        (c)     all voting rolls used for the conduct of the ballot.



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