Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An appointment of a proxy is valid if it is signed, or otherwise authenticated in a manner prescribed by the regulations, by the member of the Aboriginal and Torres Strait Islander corporation making the appointment and contains the following information:
(a) the member's name and address;
(b) the corporation's name;
(c) the proxy's name or the name of the office held by the proxy;
(d) the meetings at which the appointment may be used.
An appointment may be a standing one.
(2) The regulations made for the purposes of subsection (1) may prescribe different requirements for the authentication of an appointment given to the corporation by different means (electronic or otherwise).
(3) The corporation's constitution may provide that an appointment is valid even if it contains only some of the information required by subsection (1).
(4) An undated appointment is taken to have been dated on the day it is given to the corporation.
(5) An appointment may specify the way the proxy is to vote on a particular resolution. If it does:
(a) the proxy need not vote on a show of hands, but if the proxy does so, the proxy must vote that way; and
(b) if the proxy has 2 or more appointments that specify different ways to vote on the resolution--the proxy must not vote on a show of hands; and
(c) if the proxy is the chair--the proxy must vote on a poll, and must vote that way; and
(d) if the proxy is not the chair--the proxy need not vote on a poll, but if the proxy does so, the proxy must vote that way.
If a proxy is also a member, this subsection does not affect the way that the person can cast any votes they hold as a member.
Note: An Aboriginal and Torres Strait Islander corporation's constitution may provide that a proxy is not entitled to vote on a show of hands (see subsection 201 - 95(2)).
(6) A person who contravenes subsection (5) commits an offence, but only if the person's appointment as a proxy resulted from the corporation sending to members:
(a) a list of persons willing to act as proxies; or
(b) a proxy appointment form holding the person out as being willing to act as a proxy.
(7) An offence against subsection (6) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(8) An appointment does not have to be witnessed.
(9) A later appointment revokes an earlier one if both appointments could not be validly exercised at the meeting.