Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_109zh
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 109ZH
Character Range: 444021–445816

109ZH  Commonwealth has partial liability for cost of ballot

Authorised ballot agent someone other than the Australian Electoral Commission

 (1) If:
 (a) the authorised ballot agent for the ballot is not the Australian Electoral Commission; and
 (b) the applicant notifies the Industrial Registrar of the cost of holding the ballot; and
 (c) the applicant does so within a reasonable time after the day on which the ballot closed;
the Industrial Registrar must determine how much (if any) of that cost was reasonably and genuinely incurred in relation to the holding of the ballot.

 (2) If subsection (1) applies, the Commonwealth is liable to pay to the authorised ballot agent 80% of the amount determined under that subsection.

 (3) The applicant is, to the extent of the Commonwealth's liability under subsection (2), discharged from liability under section 109ZG for the cost of holding the ballot.

 (4) The regulations may prescribe matters to be taken into account by the Industrial Registrar in determining whether costs are reasonably and genuinely incurred in relation to the holding of the ballot.

Authorised ballot agent the Australian Electoral Commission

 (5) If the authorised ballot agent for the ballot is the Australian Electoral Commission, the Australian Electoral Commission must certify, within a reasonable time after the completion of the ballot, the amount of the reasonable costs charged by the Australian Electoral Commission to the applicant in relation to holding the ballot.

 (6) The applicant is, to the extent of 80% of the amount certified under subsection (5), discharged from liability under section 109ZG for the cost of holding the ballot.

Definition

 (7) In this section:

cost of holding the ballot has the same meaning as in section 109ZG.