Document ID: chunk:federal_register_of_legislation:C2004C00497:section:47
Version: federal_register_of_legislation:C2004C00497
Segment Type: section
Provision Reference: s 47
Character Range: 42479–44504

47  Secret postal ballots

 (1) An organisation that was exempted from the application of subsection 133AA(1) of the previous Act in relation to the last election held before the commencement is exempted from the application of subsection 198(1) of the Industrial Relations Act for the period starting at the commencement and ending:
 (a) where an application under subsection (2) has been made within 3 months after the commencement‑on the grant or refusal of the application; or
 (b) in any other case‑3 months after the commencement.

 (2) The Industrial Registrar may, on application by an organisation to which subsection (1) applies, grant to it an exemption from subsection 198(1) of the Industrial Relations Act if the Industrial Registrar is satisfied:
 (a) that its rules provide for the conduct of elections of the kind referred to in that subsection by secret ballot other than postal ballot; and
 (b) that the conduct of elections under those rules:
 (i) is likely to result in a fuller participation by members of the organisation in the ballot than would result from a postal ballot; and
 (ii) will afford to members entitled to vote an adequate opportunity of voting without intimidation.

 (3) An exemption granted under subsection (2) shall be taken to have been granted under subsection 198(3) of the Industrial Relations Act.

 (4) Subsection 81(1) of the Industrial Relations Act does not apply to a decision of the Industrial Registrar under this section.

 (5) Where, at the commencement, the rules of an organisation (other than an organisation to which subsection (1) applies) do not provide for the conduct of elections of the kind referred to in subsection 198(1) of the Industrial Relations Act by secret postal ballot, any such election conducted after the commencement but before the rules provide for such elections to be conducted by secret postal ballot shall, unless the organisation has been granted an exemption under subsection 198(3) of that Act, be conducted by secret postal ballot.