Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 465

Costs of protected action ballot conducted by protected action ballot agent other than the Australian Electoral Commission

             (1)  This section applies if the protected action ballot agent for a protected action ballot is not the Australian Electoral Commission.

             (2)  The applicant for the protected action ballot order is liable for the costs of conducting the protected action ballot, whether or not the ballot is completed.

             (3)  If the application for the protected action ballot order was made by joint applicants, each applicant is jointly and severally liable for the costs of conducting the protected action ballot, whether or not the ballot is completed.

             (4)  The costs of conducting a protected action ballot are:

                     (a)  if the protected action ballot agent is an applicant for the protected action ballot order--the costs incurred by the applicant in relation to the ballot; or

                     (b)  otherwise--the amount the protected action ballot agent charges to the applicant or applicants in relation to the ballot.

             (5)  However, the costs of conducting a protected action ballot do not include any costs incurred by the protected action ballot agent in relation to legal challenges to matters connected with the ballot.



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