Fair Work (Registered Organisations) Act 2009

If an electoral official is conducting an election, or taking a step in relation to an election, for an office or other position in an organisation, or branch of an organisation, the electoral official:

subject to paragraph (b), must comply with the rules of the organisation or branch; and

may, in spite of anything in the rules of the organisation or branch, take such action, and give such directions, as the electoral official considers necessary:

to ensure that no irregularities occur in or in relation to the election; or

to remedy any procedural defects that appear to the electoral official to exist in the rules; or

to ensure the security of ballot papers and envelopes that are for use, or used, in the election.

A person commits an offence if the person does not comply with a direction under subsection (1).

Subsection (2) does not apply so far as the person is not capable of complying.

A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

Subsection (2) does not apply if the person has a reasonable excuse.

A defendant bears an evidential burden in relation to the matter mentioned in subsection (4), see subsection 13.3(3) of the Criminal Code.

An offence against subsection (2) is an offence of strict liability.

For strict liability, see section 6.1 of the Criminal Code.

An election for an office or other position conducted by an electoral official, or step taken in relation to such an election, is not invalid merely because of a breach of the rules of the organisation or branch because of:

action taken under subsection (1); or

an act done in compliance with a direction under subsection (1).

If an electoral official conducting, or taking a step in connection with, an election for an office or other position:

dies or becomes unable to complete the conduct of the election or the taking of the step; or

ceases to be qualified to conduct the election or to take the step;