Document ID: chunk:federal_register_of_legislation:F2024C00347:reg:10:p11
Version: federal_register_of_legislation:F2024C00347
Segment Type: reg
Provision Reference: reg 10 (pt 11/13)
Character Range: 90652–93246

a candidate makes a request, either orally or in writing, for a recount of any ballot‑papers received in the election and gives reasons for the request—must conduct a recount of the ballot‑papers.
 (2) In conducting a recount, the returning officer:
 (a) in the case of a poll by secret ballot—has the same powers for the purposes of the recount as he or she had in the count; and
 (b) in any other case—may make any reasonable decision in respect of the allowance and admission, or disallowance and rejection, of a vote cast in the poll.

3.26  Irregularities at election
 (1) Subject to subregulation (2), if the returning officer has reasonable grounds to believe that there has been an irregularity in the conduct of an election, he or she may, at any time before notification of the result of the poll is given under regulation 3.27, declare the election to be void.
 (2) An election must not be declared to be void only because of:
 (a) a defect or irregularity in the conduct of the election that did not affect the result of the election; or
 (b) an error or defect in an instrument or other document made, or purporting to be made, for the purposes of this Part; or
 (c) an illegal practice, other than bribery or corruption, or attempted bribery or corruption, having been engaged in by a person, unless:
 (i) it is likely 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, regulation 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 regulation 3.23.

Part 3—Advice, investigations and inquiries

3.28  OHS inspectors—identity cards
  For paragraph 681(2)(a) of the Act, an identity card issued to an OHS inspector by NOPSEMA, under section 681 of the Act, must include the following information:
 (a) the OHS inspector's name;
 (b) the date on which the OHS inspector was appointed;
 (c) if the OHS inspector is an officer of a statutory authority established under a law of the Commonwealth or of a State or Territory—the name of the authority;
 (d) if the OHS inspector is not an officer of such