Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_109zm
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 109ZM
Character Range: 449738–450998

109ZM  Limits on challenges etc. to ballot orders etc.

 (1) An order of the Commission that a person hold a protected action ballot, and any order, direction or decision of the Commission in connection with the order:
 (a) is final and conclusive; and
 (b) must not be challenged, appealed against, reviewed, quashed, set aside or called in question in any court on any ground; and
 (c) is not subject to mandamus, prohibition, certiorari or injunction, or the making of a declaratory or other order, in any court on any ground;
unless subsection (2) applies to the order or decision.

 (2) This subsection applies to an order for a protected action ballot, or to an order, direction or decision of the Commission in connection with the order, if:
 (a) in proceedings relating to the order, direction or decision, as the case requires, a person claims that another person or persons:
 (i) contravened this Division, or an order or direction of the Commission under this Division, if the contravention is not merely a technical breach; or
 (ii) misled the Commission (whether by a false statement or by an omission) in such a way as to affect the order, direction or decision; and
 (b) the court is satisfied that there are reasonable grounds for the claim.