Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_569
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 569
Character Range: 282584–284074

569  Subsection 444(1)
Repeal the subsection, substitute:
 (1) This section applies if the FWC must make a protected action ballot order under subsection 443(1).

Protected action ballot agent
 (1A) The FWC must, in accordance with subsections (1B) to (1D) of this section, decide the person or entity that is to be the protected action ballot agent for the protected action ballot.
 (1B) The person or entity must be the person or entity specified in the application for the protected action ballot order as the person or entity the applicant wishes to be the protected action ballot agent, unless:
 (a) the person or entity specified in the application does not meet the requirements of subsection (1C) (unless subsection (1D) applies); or
 (b) the FWC is satisfied that there are exceptional circumstances that justify another person or entity being the protected action ballot agent.
 (1C) The person or entity must be an eligible protected action ballot agent.
 (1D) Subsection (1C) does not apply in relation to a person if the FWC is satisfied that:
 (a) there are exceptional circumstances that justify the ballot not being conducted by an eligible protected action ballot agent; and
 (b) the person is a fit and proper person to conduct the ballot; and
 (c) any other requirements prescribed by the regulations are met.
Note: Other than the Australian Electoral Commission, an entity that is not a person cannot be the protected action ballot agent for a protected action ballot.