Document ID: chunk:federal_register_of_legislation:F2012L02400:body:0:p2
Version: federal_register_of_legislation:F2012L02400
Segment Type: other
Provision Reference: 
Character Range: 2892–5574

eligible voter means a person who meets the requirements of section 10.
informal ballot paper means a ballot paper to which subsection 30 (2) applies.

Part 2 Notice and method of election

5 Notice of election

First election

 (1) Not later than 28 days after the commencement of this regulation, the Managing Director must give the AEC written notice that the first election of the staff‑elected Director is to be held.

Subsequent elections

 (2) For subsequent elections, the Managing Director must give the notice to the AEC:
 (a) for an expected vacancy—at least 6 months before the expected vacancy; and
 (b) for an unexpected vacancy—as soon as practicable after the Managing Director becomes aware of the unexpected vacancy.

6 AEC to conduct elections

 (1) An election of the staff-elected Director is to be conducted by the AEC.

 (2) However, if the AEC advises the Managing Director that the AEC is unable to conduct the election, the election is to be conducted by a person approved in writing by the Minister.

7 Method of election

  An election of the staff-elected Director is to be conducted by a secret postal ballot of eligible voters.

Part 3 Returning officer and roll of voters

8 Appointment of returning officer

 (1) If an election of the staff-elected Director is to be held, a returning officer for the election must be appointed by:
 (a) for an election conducted by the AEC—the AEC; or
 (b) in any other case—the person approved in writing by the Minister under subsection 6 (2).

 (2) The returning officer must be appointed as soon as practicable after:
 (a) for an election conducted by the AEC—the AEC is notified under section 5; or
 (b) in any other case—the person is approved under subsection 6 (2).

 (3) The returning officer must not be:
 (a) the holder of any office of the ABC; or
 (b) an employee of the ABC.

9 Powers and functions of returning officer

  In addition to any powers given to the returning officer by this regulation, the returning officer may make any decisions that the returning officer considers reasonable and necessary for the proper conduct of the election in accordance with this regulation, including decisions to:
 (a) ensure the secrecy of the ballot; and
 (b) prevent or remedy any irregularity in the election.

10 Eligible voters

  A person is eligible to vote in an election of the staff‑elected Director if, on the day on which the Managing Director gives the roll of voters to the returning officer under subsection 11 (2), the person (the relevant person):
 (a) is an employee of the ABC; or
 (b) performs services for the ABC, under the direction and control of the Managing Director or an