Commonwealth Consolidated Acts

CORPORATIONS ACT 2001 - SECT 249Y

Rights of proxies

  (1)   A proxy appointed to attend and vote for a member has the same rights as the member:

  (a)   to speak at the meeting; and

  (b)   to vote (but only to the extent allowed by the appointment); and

  (c)   join in a demand for a poll.

Proxy's right to vote

  (2)   If a company has a constitution, the constitution may provide that a proxy is not entitled to vote on a show of hands.

Note:   Even if the proxy is not entitled to vote on a show of hands, they may make or join in the demand for a poll.

Effect of member's presence on proxy's authority

  (3)   A company's constitution (if any) may provide for the effect that a member's presence at a meeting has on the authority of a proxy appointed to attend and vote for the member. However, if the constitution does not deal with this, a proxy's authority to speak and vote for a member at a meeting is suspended while the member is present at the meeting.