Commonwealth Repealed Acts

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 480

             (1)  In a ballot order, the Commission may name as the authorised ballot agent:

                     (a)  the Australian Electoral Commission; or

                     (b)  another person.

             (2)  The Commission must not name a person other than the Australian Electoral Commission as the authorised ballot agent for the ballot unless the Commission is satisfied that the person:

                     (a)  is capable of ensuring the secrecy and security of votes cast in the ballot; and

                     (b)  is capable of ensuring that the ballot will be fair and democratic; and

                     (c)  will conduct the ballot expeditiously; and

                     (d)  is otherwise a fit and proper person to conduct the ballot.

             (3)  The Commission must not name the applicant as the authorised ballot agent for the ballot unless:

                     (a)  the applicant nominates another person to be the authorised independent adviser for the ballot; and

                     (b)  the Commission names the other person as the authorised independent adviser for the ballot.

Note:          Section 481 specifies who may be authorised by the Commission to be the independent adviser for a protected action ballot.

             (4)  If the Commission is satisfied that a person is not sufficiently independent of the applicant, the Commission must not name the person as the authorised ballot agent for the ballot unless:

                     (a)  the applicant nominates a third person as the authorised independent adviser for the ballot; and

                     (b)  the Commission names the third person as the authorised independent adviser for the ballot.

Note:          Section 481 specifies who may be authorised by the Commission to be the independent adviser for a protected action ballot.

             (5)  The regulations may prescribe:

                     (a)  conditions that a person must meet in order to satisfy the Commission that the person is a fit and proper person to conduct a ballot; and

                     (b)  factors to be taken into account by the Commission in determining whether a person is a fit and proper person to conduct a ballot.