Co-operatives National Law (NSW)

The board of a co-operative must conduct a postal ballot (including a special postal ballot) for the passing of a special resolution on the written requisition of the number of members who together are able to cast at least 20% (or a lesser percentage specified in the rules of the co-operative) of the total number of votes able to be cast at a meeting of the co-operative.

A member cannot be a requisitioning member unless the member is an active member.

The following provisions apply to a requisition for a postal ballot—

it must state—

the proposed special resolution to be voted on; and

the reasons for the making of the special resolution; and

the effect of the special resolution being passed;

it must be signed by the requisitioning members (and may consist of several documents in like form each signed by one or more of the requisitioning members);

it must be served on the co-operative by being filed at the registered office of the co-operative.

The postal ballot must be conducted as soon as practicable and in any case must be conducted within 2 months after the requisition is served.

If the special resolution for which the requisitioned postal ballot is conducted is not passed, the co-operative may recover the expenses of the postal ballot from the members who requisitioned the postal ballot as a debt payable to the co-operative.