68Scrutineers (s 64 and 65(8))

#### 68 Scrutineers (s 64 and 65(8)) (1) In relation to a ballot of the members of an organisation on a proposed amalgamation, the committee of management of the organisation may appoint members as scrutineers to safeguard the interests of the members who approve of the amalgamation. (2) An appointment under subregulation (1) must be made by an instrument signed on behalf of the committee of management by an authorised officer of the organisation. (3) If members of an organisation (the opposing members) have lodged, under subsection 60(2) of the Act, a written statement in opposition to the proposed amalgamation or any proposed alternative amalgamation, the electoral official conducting a ballot of the members of the organisation in relation to the amalgamation must allow members of the organisation who appear to the official to represent the opposing members to be scrutineers for the ballot to safeguard the interests of members who disapprove of the amalgamation. (4) Subject to subregulations (5), (6) and (7): (a) a scrutineer may be present: (i) at the issue of ballot papers under regulation 61; and (ii) at the preparation and dispatch of ballot material under regulations 59 and 63; and (iii) at the receipt and placement of ballot material in safe custody under regulation 66; and (iv) at the scrutiny of ballot material under regulation 67; and (b) at the scrutiny mentioned in subparagraph (a)(iv): (i) if the scrutineer objects to a decision that a ballot paper is formal or informal; or (ii) if the scrutineer considers that an error has been made in the conduct of the scrutiny; the scrutineer may inform the electoral official conducting the ballot accordingly. (5) At any time during the period of scrutiny: (a) the number of scrutineers appointed under subregulation (1) and in attendance at the scrutiny; and (b) the number of scrutineers mentioned in subregulation (3) and in attendance at the scrutiny; must not, in either case, exceed the number of electoral officials engaged on the scrutiny at that time. (6) If a member appointed under subregulation (1) fails to produce the member’s instrument of appointment for inspection by the electoral official conducting the ballot when requested by the official to do so, the official may refuse to allow the member to attend or act as a scrutineer. (7) If a person: (a) is not entitled to be present, or to remain present, at the scrutiny; or (b) interrupts the scrutiny of a ballot, except to perform a function mentioned in paragraph (4)(b); the electoral official conducting the ballot may direct the person to leave the place where the scrutiny is being conducted. (8) A person must comply with a direction given to him or her under subregulation (7). > Note: This subregulation is a civil penalty provision (see regulation 168). (9) The AEC must advise the General Manager of a possible contravention of subregulation (8) not later than 21 days after the AEC has become aware of the possible contravention.