Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Members of a registered scheme with at least 5% of the votes that may be cast at a meeting of the scheme's members may request the responsible entity of the scheme to appoint an independent person to:
(a) observe the conduct of a poll at the meeting; and
(b) prepare a report on the conduct of the poll.
(2) The request must:
(a) be in writing; and
(b) identify the poll to which it relates; and
(c) be made no later than 5 business days before the day the meeting is held.
(3) A responsible entity of a registered scheme commits an offence if:
(a) the responsible entity receives a request under subsection (1); and
(b) the responsible entity fails to take reasonable steps to:
(i) ensure that an independent person observes the conduct of the poll to which the request relates; and
(ii) ensure that the independent person prepares a report on the conduct of the poll; and
(iii) ensure that a copy of the report is made readily available to the members of the scheme within a reasonable time after the request is received.
(4) An offence based on subsection (3) is an offence of strict liability.
(5) A responsible entity of a registered scheme that appoints an independent person for the purposes of this section is liable to pay the independent person's fees.
(6) To avoid doubt, an independent person appointed for the purposes of this section may be an auditor or a registry service provider (including an auditor or a registry service provider of the registered scheme concerned), unless the relevant poll concerns an issue or a matter relating to the person.