Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 469(b) of the Act, this regulation sets out procedures to be followed in relation to the conduct of a protected action ballot.
Counting votes
(2) The protected action ballot agent for the ballot must determine the result of the ballot by conducting a scrutiny in accordance with this regulation.
(3) As soon as practicable after the close of the ballot, the protected action ballot agent must:
(a) admit the valid ballot papers and reject the informal ballot papers; and
(b) count the valid ballot papers; and
(c) record the number of votes:
(i) in favour of the question or questions; and
(ii) against the question or questions; and
(d) count the informal ballot papers.
Informal votes
(4) A vote is informal only if:
(a) for an attendance vote or a postal vote--the ballot paper does not bear:
(ii) the initials of the protected action ballot agent; or
(ii) a facsimile of the agent's initials; or
(b) the ballot paper is marked in a way that allows the employee to be identified; or
(c) the ballot paper is not marked in a way that makes it clear how the employee meant to vote; or
(d) a direction under regulation 3.14 that was to be followed by an employee entitled to vote in the ballot has not been complied with.
(5) However, a vote is not informal because of paragraph (4)(a) if the protected action ballot agent is satisfied that the ballot paper is authentic.
(6) If the protected action ballot agent is informed by a scrutineer that the scrutineer objects to a ballot paper being admitted as formal, or rejected as informal, the agent must:
(a) decide whether the ballot paper is to be admitted as formal or rejected as informal; and
(b) for an attendance vote or a postal vote--endorse the decision on the ballot paper and initial the endorsement.
(7) If the protected action ballot agent conducting the ballot is informed by a scrutineer to the effect that, in the scrutineer's opinion, an error has been made in the conduct of the scrutiny, the authorised ballot agent must:
(a) decide whether an error has been made; and,
(b) if appropriate, direct what action is to be taken to correct or mitigate the error.
(8) To preserve the secrecy of a postal vote or an electronic vote, the protected action ballot agent must ensure that the independent advisor or a scrutineer does not have access to any evidence that may allow the ballot paper to be identified as having been completed by a particular employee.
Control of scrutiny process
(9) If a person:
(a) is not entitled to be present, or to remain present, at a scrutiny; or
(b) interrupts the scrutiny of a ballot, except to perform a function mentioned in subregulation (3);
the protected action ballot agent conducting the ballot may direct the person to leave the place where the scrutiny is being conducted.
(10) A person to whom a direction is given under subregulation (9) must comply with the direction.
Note: Subregulation (10) is a civil remedy provision to which Part 4 - 1 of the Act applies. Division 4 of Part 4 - 1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.