Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For paragraph 493 (a) of the Act, this regulation sets out the qualifications of a person appointed as an agent to represent another person in making an application for an order for a protected action ballot to be held .
Note Subsection 451 (5) of the Act authorises persons to appoint agents.
Person is already an agent
(2) A person is not qualified to be appointed, or to hold an appointment, as an agent if the person has been appointed as the agent for another party in relation to an application for an order relating to the same protected action ballot .
Person is under legal restriction
(3) A person is not qualified to be appointed, or to hold an appointment, as an agent if the person:
(a) is bankrupt; or
(b) is applying to take the benefit of any law for the relief of a bankrupt or insolvent debtor; or
(c) is less than 18 years old.
Person has been convicted of certain offences
(4) A person is not qualified to be appointed, or to hold an appointment, as an agent if, before or after the commencement of this regulation, the person has been convicted of:
(a) an offence against a Commonwealth, State or Territory law punishable by imprisonment for 1 year or longer; or
(b) an offence against a Commonwealth, State or Territory law that involves dishonesty and is punishable by imprisonment for 6 months or longer; or
(c) has been the subject of an order by a court in relation to a civil remedy provision in connection with the negotiation of:
(i) a workplace agreement (whether or not as a bargaining agent); or
(ii) a State agreement under a State law; or
(d) an offence under the Act or the Criminal Code .
(5) A person to whom subregulation (4) applies is not qualified to be appointed, or to hold an appointment, as an agent for a period of 5 years starting on the date of the conviction.
Leave to hold appointment as agent
(6) A person who is not qualified to be appointed, or to hold an appointment, as an agent under subregulations (2) to (4) may apply to the Court for leave to hold an appointment as an agent.
(7) If the Court grants leave under this regulation, the Court may impose any conditions or restrictions that it thinks fit.
(8) The Court may at any time, on the application of the Workplace Authority Director, revoke leave granted by the Court under this regulation.