Corporations Act 2001

A company is a mutual entity if:

the company is registered under this Act; and

the company’s constitution provides that a person has no more than one vote at a general meeting of the company for each capacity in which the person is a member of the company.

To avoid doubt:

the requirement in paragraph (1)(b) does not fail to be satisfied merely because the company’s constitution provides that:

2 or more persons may together be joint members of the company; and

those persons each have one vote at a general meeting of the company; and

that requirement does not fail to be satisfied merely because the company’s constitution provides that:

a person may vote as proxy or representative at a general meeting of the company; and

as a result of voting as a proxy or representative, the person may have more than one vote at a general meeting of the company.