Document ID: chunk:federal_register_of_legislation:F2019L00983:reg:8
Version: federal_register_of_legislation:F2019L00983
Segment Type: reg
Provision Reference: reg 8
Character Range: 4764–7081

8    Ballots

        (1)    A ballot is required if the number of eligible applicants, other than the Department of the Environment and Energy on behalf of the Commonwealth, is greater than 47.

        (2)    If a ballot is required, the Secretary must conduct the ballot in accordance with the following paragraphs:
(a)    not less than 7 days before the drawing of lots under paragraph (f), the Secretary gives written notice of the time and place of the draw to each eligible applicant;
(b)    each eligible applicant is entitled to be present at the draw;
(c)    the name of each eligible applicant is written on a separate paper of the same kind as the paper on which the name of each other eligible applicant is written;
(d)    the papers and writing may be examined by each person present at the draw;
(e)    the papers are folded in the same manner and are placed in an otherwise empty receptacle the interior surface of which will not snag the papers;
(f)    subject to subsection (3), a person draws 47 of the papers from the receptacle without looking into the receptacle;
(g)    for the purposes of paragraph 6(b), the eligible applicants whose names are on those 47 papers are selected.

        (3)    The person who draws the papers from the receptacle under paragraph (2)(f) must not be:
(a)    the Secretary; or
(b)    an eligible applicant; or
(c)    an officer, employee or agent of an eligible applicant.

        (4)    To avoid doubt, the ballot must not be conducted before the earliest time that, in accordance with subregulation 44(4) of the Regulations (if applicable), the Minister may allocate HFC quotas for the calendar years in the second HFC quota allocation period.

 9 Delegation by Secretary

        (1)    The Secretary may, in writing, delegate all or any of his or her functions or powers under this instrument to:
(a)    an SES employee or acting SES employee in the Department; or
(b)    an APS employee who holds, or is acting in, an Executive Level 2, or equivalent, position in the Department.

             Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

        (2)    In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Secretary.