Commonwealth Consolidated Regulations

WORKPLACE RELATIONS REGULATIONS 2006 - REG 2.9.22

         (1)   Subject to subregulations (2), (3) and (4):

                (a)    a scrutineer for a protected action ballot may be present at the scrutiny of ballot material:

                          (i)    for a ballot conducted by postal voting -- after the authorised ballot agent has acted under subregulation 9.4 (3) to remove the flap or label from the declaration envelope; or

                         (ii)    for a ballot conducted by a method of voting other than postal voting -- when the authorised ballot agent is ready to conduct the scrutiny of the ballot material; and

               (b)    at the scrutiny mentioned in paragraph (a):

                          (i)    if the scrutineer objects to a decision that a ballot paper is formal or informal; or

                         (ii)    if the scrutineer considers that an error has been made in the conduct of the scrutiny;

                        the scrutineer may inform the authorised ballot agent conducting the ballot accordingly.

         (2)   At any time during the period of scrutiny, the total number of scrutineers appointed under regulation 9.19 and in attendance at the scrutiny must not exceed the total number of people who are:

                (a)    performing functions and duties as, or on behalf of, the authorised ballot agent; and

               (b)    engaged on the scrutiny at that time.

         (3)   If a person fails to produce the person's instrument of appointment as a scrutineer for inspection by the authorised ballot agent conducting the ballot, when requested by the agent to do so, the agent may refuse to allow the person to attend or act as a scrutineer.

         (4)   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 paragraph (1) (b);

the authorised ballot agent conducting the ballot may direct the person to leave the place where the scrutiny is being conducted.

         (5)   A person to whom a direction is given under subregulation (4) must comply with the direction.

         (6)   Strict liability applies to the physical elements in subregulation (5).

Note    For strict liability , see section 6.1 of the Criminal Code .

         (3)   Subregulation (5) is a civil remedy provision.

Note    Part 14 of this Chapter sets out provisions dealing with contraventions of civil remedy provisions.