Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:2:p3
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 2 (pt 3/6)
Character Range: 132877–135564

is informed by a scrutineer to the effect that, in the scrutineer's opinion, an error has been made in the conduct of the scrutiny, the authorised ballot agent must:
 (a) decide whether an error has been made; and,
 (b) if appropriate, direct what action is to be taken to correct or mitigate the error.
 (8) To preserve the secrecy of a postal vote or an electronic vote, the protected action ballot agent must ensure that the independent advisor or a scrutineer does not have access to any evidence that may allow the ballot paper to be identified as having been completed by a particular employee.

Control of scrutiny process
 (9) If a person:
 (a) is not entitled to be present, or to remain present, at a scrutiny; or
 (b) interrupts the scrutiny of a ballot, except to perform a function mentioned in subregulation (3);
the protected action ballot agent conducting the ballot may direct the person to leave the place where the scrutiny is being conducted.
 (10) A person to whom a direction is given under subregulation (9) must comply with the direction.
Note: Subregulation (10) is a civil remedy provision to which Part 4‑1 of the Act applies. Division 4 of Part 4‑1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

3.20  Conduct of protected action ballot—scrutineers
 (1) For paragraph 469(d) of the Act, this regulation sets out matters relating to the qualifications, appointment, powers and duties of scrutineers for a protected action ballot.

Appointment
 (2) The employer may appoint 1 or more scrutineers to perform the functions set out in this regulation.
 (3) The applicant for a protected action ballot may appoint 1 or more scrutineers to perform the functions set out in this regulation.
 (4) An appointment under subregulation (2) or (3) must be made by an instrument signed on behalf of the employer or applicant.
 (5) A person who does not have a current appointment under subregulation (2) or (3):
 (a) is not a scrutineer; and
 (b) is not permitted to attend the scrutiny of ballot material as a scrutineer; and
 (c) is not permitted to perform the functions set out in this regulation.

Functions
 (6) A scrutineer may be present at the scrutiny of ballot material as follows:
 (a) if the ballot is conducted by postal voting or by electronic voting, the scrutineer may be present after the protected action ballot agent has acted under subregulation 3.19(8) to remove evidence of an employee's identity;
 (b) if the ballot is not conducted by postal voting or by electronic voting, the scrutineer may be present when the protected action ballot agent is ready to conduct the scrutiny of the ballot