Document ID: chunk:federal_register_of_legislation:C2008C00428:clause:6_55
Version: federal_register_of_legislation:C2008C00428
Segment Type: clause
Provision Reference: sch 6 cl 55
Character Range: 91134–92318

55  Transitional provision—items 13 to 16

(1) This item applies to a ballot in respect of which a ballot order was made under section 462 of the Workplace Relations Act 1996 before the commencement of this item if:
 (a) the authorised ballot agent for the ballot was the Australian Electoral Commission; and
 (b) the Australian Electoral Commission certifies that the ballot had not been completed at the commencement of this item.

(2) After the commencement of this item, section 483 of the Workplace Relations Act 1996 is taken to apply to the incomplete ballot as if the ballot had been completed at the time of the certification referred to in paragraph (1)(b), so far as section 483 relates to costs:
 (a) incurred by the Australian Electoral Commission; and
 (b) in respect of which, had the applicant been liable for the costs of the incomplete ballot, the applicant's liability would have been able to have been discharged under subsections 483(5) and (6).

(3) To avoid doubt, this item does not affect any liability of the applicant in relation to the cost of holding the incomplete ballot and, in particular, does not impose any additional liability upon the applicant.