Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_54
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 54
Character Range: 962307–963991

54  Conduct of ballot

 (1) If, under this Part, the Commission orders the holding of a secret ballot, the Commission must, by order:
 (a) direct the organisation concerned to make arrangements for the conduct of the ballot by a person approved by the Industrial Registrar; or
 (b) direct the Industrial Registrar to make arrangements for the conduct of the ballot;
and may give any further directions that it considers necessary for ensuring the secrecy of votes and otherwise for the purposes of the conduct of the ballot or the communication of the result to the Commission.

 (2) An organisation or person (other than the Industrial Registrar) to whom a direction has been given under subclause (1) must comply with the direction.

Penalty: 30 penalty units.

 (3) Subclause (2) is an offence of strict liability.

 (4) If a direction is given under paragraph (1)(a), the Commonwealth is liable to pay to the organisation the reasonable costs of the conduct of the ballot concerned as assessed by a Registrar.

 (5) If a direction is given under paragraph (1)(b), the Industrial Registrar must conduct the ballot concerned, or make arrangements for its conduct, in accordance with the direction.

 (6) If the result of a ballot conducted under an order under this Part is communicated to the Commission, the Commission must cause the Industrial Registrar to inform each of the following persons, by written notice, of the result:
 (a) the persons who were eligible to vote in the ballot;
 (b) the organisation (if any) to which those persons belonged, and the transitional employers by whom those persons were employed, when those persons became eligible to vote in the ballot.