Document ID: chunk:federal_register_of_legislation:F2024L01588:reg:10:p14
Version: federal_register_of_legislation:F2024L01588
Segment Type: reg
Provision Reference: reg 10 (pt 14/19)
Character Range: 141693–144364

circumstances:
 (a) compliance is not practicable; and
 (b) technical and control measures to reduce any risk arising from non‑compliance to as low as is reasonably practicable are in place or will be implemented.
 (4) An exemption granted under this section must be in writing.
 (5) NOPSEMA may specify conditions and limitations on an exemption.

Part 3—Election of health and safety representatives

Division 1—Returning officer

3.7A  Purpose of this Part
  This Part is made for the purposes of subclause 26(4) of Schedule 3 to the Act.

3.8  Appointment of returning officer
 (1) If, under subclause 26(3) of Schedule 3 to the Act, the operator of a facility is required to conduct, or arrange for the conduct, of an election, the operator must nominate a person to act as the returning officer for the election.
 (2) The operator must notify NOPSEMA of the nomination.
 (3) NOPSEMA may:
 (a) approve the nomination and appoint the nominee as returning officer; or
 (b) appoint another person as returning officer.

Division 2—The poll

3.9  Number of votes
  Each person eligible to vote in an election is entitled to one vote only in the election.

3.10  Right to secret ballot
  A person eligible to vote in an election may request the returning officer for the election to conduct the poll for the election by secret ballot.

3.11  Conduct of poll by secret ballot
 (1) As soon as practicable after a request under section 3.10, the returning officer must issue ballot‑papers for the poll to voters.
 (2) The returning officer must conduct the poll in accordance with Divisions 3 and 4.

3.12  Conduct of poll if no request made for secret ballot
  Subject to Division 5, if no request is made for a secret ballot, the returning officer for an election may conduct a poll for the election in a manner determined by the returning officer to produce a fair result.

3.13  If no candidate is elected
  If, in an election, no candidate is elected, the election is taken to have failed.

Division 3—Polling by secret ballot

3.14  Ballot‑papers
  A ballot‑paper must:
 (a) state the election to which it relates; and
 (b) set out the name of each candidate in alphabetical order; and
 (c) state the manner of voting.

3.15  Distribution of ballot papers
 (1) As soon as practicable before the close of a poll by secret ballot, the returning officer for an election must give to each voter:
 (a) a ballot‑paper that is initialled by the returning officer; and
 (b) an envelope that:
 (i) is addressed to the returning officer; and
 (ii) shows on its face that it relates to the election.
 (2) The envelope given to a voter by a returning officer:
 (a) may be pre‑paid