Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:10:p18
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 10 (pt 18/19)
Character Range: 151371–153945

that the result of the election was affected by the practice; and
 (ii) it is just that the election be declared void.
 (3) If an election is declared void, section 3.27 applies as if the election had failed.

3.27  Result of poll
 (1) As soon as practicable after the failure of an election, a returning officer must notify in writing:
 (a) the operator of the facility to which the election relates; and
 (b) NOPSEMA;
of the failure of the election.
 (2) As soon as practicable after the close of the poll for an election that has not failed, the returning officer must notify in writing the candidate who is elected and enclose with the notification a copy of the statement prepared under section 3.23.

Part 4—Advice, investigations and inquiries

3.29  Taking samples for testing etc
 (1) If a sample of a substance or thing taken under subclause 75(1) of Schedule 3 to the Act is safely and practicably divisible, the NOPSEMA inspector who has taken the sample must:
 (a) divide the sample into 3 parts; and
 (b) put each part into a container and seal and label the container appropriately; and
 (c) give one part to the operator of the facility or the employer for whom the substance or thing was being used; and
 (d) provide another part for inspection, examination, measuring or testing for the purposes of Schedule 3 to the Act; and
 (e) retain the remaining part for any further inspection, examination, measuring or testing that is required.
 (2) If a sample of a substance or thing taken under subclause 75(1) of Schedule 3 to the Act is not safely and practicably divisible, the NOPSEMA inspector who has taken the sample must provide the whole sample for inspection, examination, measuring or testing for the purposes of the Schedule.
 (3) A NOPSEMA inspector who, under subclause 75(1) of Schedule 3 to the Act:
 (a) has taken possession of any plant, substance or thing; or
 (b) has taken a sample of a substance or thing;
and removed the plant, substance or thing or the sample from the workplace must take all reasonable steps to ensure that, while in the inspector's possession or control:
 (c) the plant, substance or thing is not damaged; or
 (d) the sample is not contaminated.

Part 5—Exemptions from the requirements in Part 3 of Schedule 3 to the Act

3.31  Orders under clause 46 of Schedule 3 to the Act
 (1) For the purposes of subclause 46(1) of Schedule 3 to the Act, a person may apply in writing to NOPSEMA for an order exempting the person from any or all of the provisions of Part 3 of that Schedule.
 (2) Within 28 days after NOPSEMA