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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 108

Inquiries into irregularities

             (1)  Not later than 30 days after the result of a ballot under this Part is declared, application may be made to FWA, as prescribed, for an inquiry by FWA into alleged irregularities in relation to the ballot.

             (2)  If FWA finds that there has been an irregularity that may affect, or may have affected, the result of the ballot, FWA may:

                     (a)  if the ballot has not been completed--order that a step in relation to the ballot be taken again; or

                     (b)  in any other case--order that a fresh ballot be conducted in place of the ballot in which the irregularity happened;

and may make such further orders as it considers necessary or desirable.

             (3)  The regulations may make provision with respect to the procedure for inquiries by FWA into alleged irregularities in relation to ballots under this Part, and for matters relating to, or arising out of, inquiries.



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