Industrial Arbitration (Union Elections) Regulations 1980


16/Jan/2004 - Current (at 31 Dec 2005)
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    18. Scrutineers

    (1) Each candidate nominated for election may, by written notice given to the returning officer not less than 7 days prior to the close of the ballot, appoint to be a scrutineer a person who is eligible, under the rules of the union, to be a scrutineer in respect of that election, being a person other than a candidate, and may by notice in like manner appoint another such person to carry out the functions of scrutineer where the first-mentioned person does not carry out those functions.

    (2) Where an election is conducted by the person referred to in regulation 13(1), a scrutineer appointed under subregulation (1) shall be given sufficient notice in writing by the returning officer prior to the date and time when the returning officer opens the ballot box or boxes referred to in regulation 17(1)(a) and (b), to enable him to be present while the returning officer performs his functions.

    (3) Where an election is conducted by the person referred to in regulation 13(2), a scrutineer appointed under subregulation (1) shall be given sufficient notice in writing by the returning officer prior to the date and time when the returning officer opens the private box at the post office, to enable him to be present while the returning officer performs his functions.

    (4) Subject to subregulation (5), a scrutineer appointed under this regulation may

    (a) be present while the returning officer carried out his functions under regulation 17(2) and regulation 19;

    (b) direct the attention of the returning officer to any irregularity concerning the issue of ballot papers, the admission of any envelope to scrutiny, the admission of a ballot paper as formal, the rejection of a ballot paper as informal or the counting of the vote; and

    (c) carry out any other functions of a scrutineer under the rules of the union.

    (5) Where a scrutineer appointed under subregulation (1)

    (a) interrupts the scrutiny otherwise than in accordance with of subregulation (4)(b) or (c); or

    (b) fails to carry out a lawful request by the returning officer, the returning officer may direct the scrutineer to leave the place where the scrutiny is being conducted.

    (6) A scrutineer appointed under subregulation (1) shall comply with a direction by the returning officer given under subregulation (5).

    Penalty: $40.00



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.