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37 Effect of committee's decision

 (1) If the dispute committee for an election confirms the election of the candidate declared by the returning officer to have been elected, the candidate is taken to be elected.

 (2) If the committee declares that the candidate declared by the returning officer to be elected is not elected:
 (a) that candidate is taken not to have been elected; and
 (b) the other candidate declared by the committee as having been elected is taken to have been elected.

38 Irregularities in conduct of election

 (1) If the returning officer for an election has reasonable grounds to believe there has been an irregularity in the conduct of the election, the returning officer may, before a candidate is declared to be elected, declare the election to be void.

 (2) If the dispute committee for an election has reasonable grounds to believe there has been an irregularity in the conduct of the election, the committee may, regardless of whether or not an inquiry by the committee is proposed, in place, or has taken place, declare the election to be void.

 (3) However, the returning officer or dispute committee must not declare an election to be void if the only reason for the declaration is:
 (a) an irregularity that did not affect the result of the election; or
 (b) an error or defect in an instrument, notice, statement or other document made under this regulation; or
 (c) an illegal action, other than bribery or corruption or attempted bribery or corruption, unless it is likely that the result of the election was affected by the action and it would be just to declare the election void.

 (4) If an election is declared void, the Managing Director must make arrangements for another election to be conducted.

Part 8 Consequential amendment and repeal

39 Consequential amendment

  Schedule 1 amends the Remuneration Tribunal (Miscellaneous Provisions) Regulations 1976.

40 Repeal

  The Australian Broadcasting Corporation (Election of staff‑elected Director) Regulations (Statutory Rules 1991 No. 32) are repealed.
Schedule 1 Consequential amendment
(section 41)

[1] Schedule 2, item 2

omit
(b)

insert
(ba)

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.