Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
20 Voting members must be given ballot documents
(1) At least 3 weeks before the voting close date for a ballot, the person conducting the ballot must give each voting member the following:
(a) a voting document;
Note If a form is approved under the Control Act
, s 53D for this provision, the form must be used.
(b) if the ballot is not to be conducted electronically—
(i) a reply paid envelope addressed to the person conducting the ballot for the return of the voting document; or
(ii) the address to which the voting document is to be returned;
(c) a notice containing the following information:
(i) in relation to the question to be decided by the voting members—
(A) a fair description of the question; and
(B) a balanced outline of arguments for and against the question; and
(C) a balanced appraisal of the consequences of any possible decision;
(ii) the voting close date;
(iii) when and where the results of the ballot may be obtained.
Note 1 The person conducting the ballot may post, fax or email the material to club members (see Legislation Act
, s 247 (Service of documents on individuals) and pt 19.5 (Service of documents) generally).
Note 2 Notice may be given electronically in certain circumstances (see Electronic Transactions Act 2001
, s 8).
(2) For subsection (1) (c) (i), the notice may include a recommendation that members vote in a particular way on the question.
(3) A document mentioned in subsection (1) (a), (b) (ii) or (c) may be sent to a member in electronic form.
Example—electronic form
attached to an email
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
21 Checking votes
The person conducting a ballot for a club must ensure that a voting member has not voted more than once.
Examples
1 checking each voting document returned by mail
2 using a computer program designed to prevent a person from being able to vote more than once
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act
, s 126 and s 132).
22 Counting votes for ballot
(1) The result of a ballot for a club must be worked out by the person conducting the ballot.
(2) A vote must not be counted in the ballot if—
(a) the person conducting the ballot receives the vote after the voting close date; or
(b) the member voting has already voted in the ballot.
(3) If the result of the ballot is worked out by an independent ballot service provider, the provider must give the club secretary written notice of the result of the ballot—
(a) within 7 days after the voting close date for the ballot; or
(b) if the provider and the secretary agree that the provider should give the secretary notice sooner than 7 days after the voting close date—by the agreed date.
(4) As soon as practicable after working out the result of the ballot, or receiving written notice of the result, the club secretary must—
(a) display the result—
(i) at each premises to which the ballot relates; and
(ii) on the club's website; and
(b) give the commission written notice of the result.
22A Alternative person
(1) This section applies if the person conducting a ballot for a club is the club secretary.
(2) The club secretary—
(a) may decide that a person other than the secretary (the alternative person ) may exercise a function under section 21 or section 22 for the club; and
(b) if the secretary decides that an alternative person may exercise a function under section 21 or section 22—must tell the commission, in writing, that the alternative person will be exercising the function for the club.
(3) If the alternative person exercises a function under section 21 or section 22 for a club, the club secretary must ensure the alternative person exercises the function in accordance with the relevant section.