Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_109zn
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 109ZN
Character Range: 450998–453113

109ZN  Limits on challenges etc. to ballots

 (1) If a protected action ballot has been conducted, or has purportedly been conducted:
 (a) the declaration of the results of the ballot is final and conclusive; and
 (b) the declaration of the results of the ballot must not be quashed or set aside by any court on any ground; and
 (c) the conduct of the ballot, and the declaration of the results of the ballot, must not be challenged, appealed against, reviewed or called in question, as applicable, in any court on any ground; and
 (d) the conduct of the ballot, and the declaration of the results of the ballot, are not subject to mandamus, prohibition, certiorari or injunction, or the making of a declaratory or other order, as applicable, in any court on any ground;
unless subsection (2) applies to the conduct or declaration.

 (2) This subsection applies to the conduct of a protected action ballot, and to the declaration of the results of a ballot, if:
 (a) in proceedings relating to the conduct or declaration, 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) acted fraudulently in relation to the conduct or declaration; or
 (iii) acted in such a way as to cause an irregularity in relation to the conduct or declaration, being an irregularity that affected the outcome of the ballot; and
 (b) the court is satisfied that there are reasonable grounds for the claim.

 (3) In this section:

conduct, in relation to a protected action ballot, includes, but is not limited to, the compilation of the roll of voters for the ballot.

irregularity, in relation to the conduct or declaration of a protected action ballot, includes, but is not limited to, an act or omission by means of which:
 (a) the full and free recording of votes by all persons entitled to record votes and by no other persons; or
 (b) a correct ascertainment or declaration of the results of the voting;
is, or is attempted to be, prevented or hindered.