(1)  This section applies to a resolution –

(a) which, without being considered at a meeting of the Board, is referred to all members of the Board; and

(b) of which –

(i) if subparagraph (ii) does not apply, a majority of those members (not including the CEO); or

(ii) if the resolution is that the Board determine that an ACC State intelligence operation is a special operation, or that an ACC State investigation is a special investigation, at least 9 Board members (not including the CEO but including at least 2 eligible Commonwealth Board members) –

indicate by telephone or other mode of communication to the Chair of the Board that they are in favour.

(2)  The resolution is as valid and effectual as if it had been passed at a meeting of the Board duly convened and held.