Commonwealth Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY (SAFETY ARRANGEMENTS) REGULATIONS 1991 - REG 23A

         (1)   For subregulation 23 (4), lots are drawn in the prescribed manner if:

                (a)    as soon as practicable before the drawing of lots, the returning officer gives written notice of the time and place of the draw to each candidate; and

               (b)    the draw is carried out in the presence of:

                          (i)    subject to subregulation (3) -- each candidate, or a scrutineer of each candidate, who received the same number of votes; and

                         (ii)    at least one person who is not the returning officer or a candidate or scrutineer mentioned in subparagraph (i); and

                (c)    the returning officer writes the name of each candidate who received the same number of votes on a separate piece of paper of the same colour, texture and size; and

               (d)    the papers and writing are displayed for examination by each person present at the draw; and

                (e)    each paper is folded in the same manner by the returning officer and placed by him or her in a container, the interior surface of which will not snag the papers; and

                (f)    the returning officer shakes or turns the container to mix the papers; and

               (g)    without looking into the container, a person referred to in subparagraph (b) (ii) draws a paper from the container.

         (2)   The candidate whose name is written on the paper drawn in accordance with paragraph (1) (g) is the successful candidate.

         (3)   If a candidate who has been notified in accordance with paragraph (1) (a) of a drawing of lots, or a scrutineer of the candidate, does not attend the draw at the notified time and place, the draw may be conducted in his or her absence.