Tasmanian Numbered Acts

COOPERATIVES ACT 1999 (NO. 85 OF 1999) - SECT 199

199. Special postal ballots

      (1) A special postal ballot is a postal ballot that is conducted as required by this section.

      (2) The ballot must not be held less than 21 days after notice of the ballot is given to members so as to enable sufficient time for a meeting to discuss the proposal that is the subject of the ballot to be convened and held (whether by the board or on the requisition of members).

      (3) The cooperative must send to each member (along with any other material required to be sent in connection with the postal ballot) a disclosure statement approved by the Commissioner and containing information concerning –

(a) the financial position of the cooperative; and

(b) the interests of the directors of the cooperative in the proposal with which the ballot is concerned, including any interests of the directors in another organisation concerned in the proposal; and

(c) any compensation or consideration to be paid to officers or members of the cooperative in connection with the proposal; and

(d) such other matters as the Commissioner directs.

      (4) If the Commissioner so requires, the statement is to be accompanied by a report made by an independent person approved by the Commissioner concerning any matters that the Commissioner directs.

      (5) Sections 16 (except subsection (2)) and 28 apply to the approval of a disclosure statement under this section with any necessary modifications and in particular as if any reference in section 16 to a formation meeting were a reference to the notice of the special postal ballot.