Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:2:p2
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 2 (pt 2/6)
Character Range: 130461–133099

employee is to be balloted by attendance voting; and
 (b) the employee satisfies the protected action ballot agent, before depositing the ballot paper in the repository that serves to receive or hold ballot papers, that the employee has accidentally spoilt the paper;
the protected action ballot agent must give the employee a replacement ballot paper.
 (9) The protected ballot agent must also:
 (a) mark "spoilt" on the ballot paper and initial the marking; and
 (b) keep the ballot paper.

3.19  Conduct of protected action ballot—scrutiny of ballot
 (1) For paragraph 469(b) of the Act, this regulation sets out procedures to be followed in relation to the conduct of a protected action ballot.

Counting votes
 (2) The protected action ballot agent for the ballot must determine the result of the ballot by conducting a scrutiny in accordance with this regulation.
 (3) As soon as practicable after the close of the ballot, the protected action ballot agent must:
 (a) admit the valid ballot papers and reject the informal ballot papers; and
 (b) count the valid ballot papers; and
 (c) record the number of votes:
 (i) in favour of the question or questions; and
 (ii) against the question or questions; and
 (d) count the informal ballot papers.

Informal votes
 (4) A vote is informal only if:
 (a) for an attendance vote or a postal vote—the ballot paper does not bear:
 (ii) the initials of the protected action ballot agent; or
 (ii) a facsimile of the agent's initials; or
 (b) the ballot paper is marked in a way that allows the employee to be identified; or
 (c) the ballot paper is not marked in a way that makes it clear how the employee meant to vote; or
 (d) a direction under regulation 3.14 that was to be followed by an employee entitled to vote in the ballot has not been complied with.
 (5) However, a vote is not informal because of paragraph (4)(a) if the protected action ballot agent is satisfied that the ballot paper is authentic.
 (6) If the protected action ballot agent is informed by a scrutineer that the scrutineer objects to a ballot paper being admitted as formal, or rejected as informal, the agent must:
 (a) decide whether the ballot paper is to be admitted as formal or rejected as informal; and
 (b) for an attendance vote or a postal vote—endorse the decision on the ballot paper and initial the endorsement.
 (7) If the protected action ballot agent conducting the ballot 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