Fair Work (Registered Organisations) Regulations 2009

The committee of management of the constituent part to which a ballot relates, or the representative constituent member, may appoint members of the constituent part as scrutineers for the ballot.

An appointment under subregulation (1) must be made by an instrument signed:

on behalf of the committee of management by an officer of the constituent part authorised to sign the instrument; or

by the representative constituent member.

The committee of management of an amalgamated organisation may appoint members of the amalgamated organisation as scrutineers for a ballot to represent the interests of the amalgamated organisation.

An appointment under subregulation (3) must be made by an instrument signed on behalf of the committee of management by an officer authorised by the rules of the organisation or by the committee of management of the amalgamated organisation.

Subject to subregulations (6), (7) and (9), a scrutineer may be present at:

the preparation and dispatch of ballot material under regulation 91; and

the preparation and dispatch of duplicate ballot papers under regulation 93; and

the receipt and placement of ballot material in safe custody under regulation 95; and

the scrutiny of ballot material under regulation 96.

If a scrutineer fails to produce his or her instrument of appointment for inspection at the request of the electoral official conducting the ballot, the electoral official may refuse to allow the person to be present.

At any time during the scrutiny of ballot material:

the number of scrutineers appointed under subregulation (1) in attendance at the scrutiny; and

the number of scrutineers appointed under subregulation (3) in attendance at the scrutiny;

At the scrutiny of ballot material, if the scrutineer:

objects to a decision that a ballot paper is formal or informal; or

believes an error has been made in the conduct of the scrutiny;

If a person:

is not entitled to be present, or to remain present, at the scrutiny; or

interrupts the scrutiny of a ballot, except for a purpose mentioned in paragraph (8)(a) or (b);

A person must comply with a direction given to him or her under subregulation (9).

This subregulation is a civil penalty provision (see regulation 168).

The AEC must advise the General Manager of a possible contravention of subregulation (10) not later than 21 days after the AEC has become aware of the possible contravention.