Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_109ze
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 109ZE
Character Range: 440398–442337

109ZE  Who may be an authorised ballot agent?

 (1) In a ballot order, the Commission may name as the authorised ballot agent:
 (a) the Australian Electoral Commission; or
 (b) another person.

 (2) The Commission must not name a person other than the Australian Electoral Commission as the authorised ballot agent for the ballot unless the Commission is satisfied that the person:
 (a) is capable of ensuring the secrecy and security of votes cast in the ballot; and
 (b) is capable of ensuring that the ballot will be fair and democratic; and
 (c) will conduct the ballot expeditiously; and
 (d) is otherwise a fit and proper person to conduct the ballot.

 (3) The Commission must not name the applicant as the authorised ballot agent for the ballot unless:
 (a) the applicant nominates another person to be the authorised independent adviser for the ballot; and
 (b) the Commission names the other person as the authorised independent adviser for the ballot.

Note: Section 109ZF specifies who may be authorised by the Commission to be the independent adviser for a protected action ballot.

 (4) If the Commission is satisfied that a person is not sufficiently independent of the applicant, the Commission must not name the person as the authorised ballot agent for the ballot unless:
 (a) the applicant nominates a third person as the authorised independent adviser for the ballot; and
 (b) the Commission names the third person as the authorised independent adviser for the ballot.

Note: Section 109ZF specifies who may be authorised by the Commission to be the independent adviser for a protected action ballot.

 (5) The regulations may prescribe:
 (a) conditions that a person must meet in order to satisfy the Commission that the person is a fit and proper person to conduct a ballot; and
 (b) factors to be taken into account by the Commission in determining whether a person is a fit and proper person to conduct a ballot.