Commonwealth Numbered Regulations

1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 89

89. (1) The person conducting a ballot or ballots of the members of an
organisation shall ascertain the result of the ballot or ballots by conducting
a scrutiny in accordance with this regulation.

(2) The person conducting a ballot or ballots of the members of an
organisation shall, as soon as practicable after the closing day of the ballot
or ballots:

   (a)  open the sealed container or containers referred to in subregulation
        88 (1) in relation to the ballot or ballots and withdraw from the
        envelopes in the container or containers the ballot papers found in
        the envelopes;

   (b)  reject:

        (i)    in the case of a ballot in respect of a proposed amalgamation
               the scheme for which does not contain an alternative
               provision-each ballot paper that is informal; or

        (ii)   in the case of ballots conducted at the same time in accordance
               with subsection 243 (2) of the Act in respect of a proposed
               amalgamation the scheme for which contains an alternative
               provision-each ballot paper not relating to
the alternative provision (in this regulation called the "first ballot paper")
that is informal;

   (c)  admit as formal:

        (i)    in the case of a ballot referred to in subparagraph (b)
               (i)-those ballot papers not rejected as informal; or

        (ii)   in the case of a ballot referred to in subparagraph (b)
               (ii)-those first ballot papers not rejected as informal;

   (d)  arrange in separate parcels:

        (i)    in the case of a ballot referred to in subparagraph (b) (i):

                (A)  the ballot papers admitted as formal on which are
                     recorded votes that approve the proposed amalgamation;
                     and

                (B)  the ballot papers admitted as formal on which are
                     recorded votes that do not approve the proposed
                     amalgamation; or

        (ii)   in the case of ballots referred to in subparagraph (b) (ii):

                (A)  the double ballot papers containing first ballot papers
                     admitted as formal on which are recorded votes that
                     approve the proposed amalgamation; and

                (B)  the double ballot papers containing first ballot papers
                     admitted as formal on which are recorded votes that do
                     not approve the proposed amalgamation;

   (e)  count, and record the number of, the formal votes in favour, and the
        formal votes not in favour, of the proposed amalgamation recorded in
        the ballot papers arranged in parcels in accordance with paragraph
        (d);

   (f)  place into a container or containers the separate parcels of ballot
        papers referred to in subparagraph (d) (i) or the separate parcels of
        double ballot papers referred to in subparagraph (d) (ii), as the case
        may be, seal the container or each of the containers and endorse on
        the container or each of the containers:

        (i)    the name of the organisation;

        (ii)   the words "Ballot in respect of proposed amalgamation-ballot
               papers admitted as formal";

        (iii)  his or her signature; and

        (iv)   the date of signing; and

   (g)  count, record the number of and place into a container or containers,
        the ballot papers that have been rejected as informal or the double
        ballot papers containing first ballot papers that have been rejected
        as informal, as the case may be, seal the container or each of the
        containers and endorse on the sealed container or each of the sealed
        containers:

        (i)    the name of the organisation;

        (ii)   the words "Ballot in respect of proposed amalgamation-ballot
               papers rejected as informal";

        (iii)  his or her signature; and

        (iv)   the date of signing.

(3) Where ballots of the members of an organisation have been conducted in
accordance with subsection 243 (2) of the Act, the person conducting the
ballots shall, if and when he or she is satisfied that the result of the
ballot conducted on the question of the proposed alternative amalgamation will
be required to be known for the purposes of the Act:

   (a)  open the sealed container or containers referred to in paragraph (2)
        (f) in relation to the ballots, remove from the container or
        containers the parcel or parcels made up of double ballot papers
        containing first ballot papers on which are recorded a formal vote in
        favour of the proposed amalgamation and reseal the container or
        containers;

   (b)  reject from the double ballot papers referred to in paragraph (a) each
        paper containing a ballot paper on the question of a proposed
        alternative
amalgamation (in this subregulation referred to as a "second ballot paper")
that is informal;

   (c)  admit as formal the second ballot papers not rejected as informal;

   (d)  count, and record the number of, the formal votes in favour, and the
        formal votes not in favour, of the question of a proposed alternative
        amalgamation;

   (e)  place into a container or containers the double ballot papers
        containing second ballot papers admitted as formal, seal the container
        or each of the containers and endorse on the sealed container or each
        of the sealed containers:

        (i)    the name of the organisation;

        (ii)   the words "Ballot on the question of a proposed alternative
               amalgamation-ballot papers admitted as formal";

        (iii)  his or her signature; and

        (iv)   the date of signing; and

   (f)  count, and place into a container or containers, the double ballot
        papers containing second ballot papers that have been rejected as
        informal, seal the container or each of the containers and endorse on
        the sealed container or each of the sealed containers:

        (i)    the name of the organisation;

        (ii)   the words "Ballot on the question of a proposed alternative
               amalgamation-ballot papers rejected as informal";

        (iii)  his or her signature; and

        (iv)   the date of signing.

(4) For the purposes of this regulation, a ballot paper is informal only if:

   (a)  the ballot paper, or the paper containing the ballot paper, does not
        bear the initials, or a facsimile of the initials, of the person
        conducting the ballot;

   (b)  the ballot paper, or the paper containing the ballot paper, has upon
        it a mark or writing by which the voter can be identified; or

   (c)  the ballot paper is so imperfectly marked that the intention of the
        voter is not clear.

(5) Where, during a scrutiny under this regulation in relation to a ballot,
the person conducting the ballot is informed by a scrutineer referred to in
regulation 90 that the scrutineer objects to a ballot paper being admitted as
formal or rejected as informal, as the case may be, the person conducting the
ballot shall decide whether the ballot paper is to be admitted as formal or
rejected as informal and shall endorse that decision on the back of the ballot
paper.

(6) Where, during a scrutiny under this regulation in relation to a ballot,
the person conducting the ballot is informed by a scrutineer referred to in
regulation 90 that the scrutineer considers that an error has been made in the
conduct of the scrutiny, the person conducting the ballot shall decide whether
such an error has been made and, where he or she decides that an error has
been made, shall direct what action, if any, shall be taken to correct the
error.