Commonwealth Numbered Regulations

1994 No. 46 OFFSHORE MINERALS (BALLOT PROCEDURES) REGULATIONS - REG 5

5. (1) For the purposes of subsections 58 (2) and 203 (2) of the Act, lots are
drawn in the prescribed way if:

   (a)  not less than 7 days before the drawing of lots, the delegate gives
        notice in writing of the time and place of the draw to each applicant
        at the principal office of the applicant; and

   (b)  subject to subregulation (2)-the draw is carried out in the presence
        of all applicants; and

   (c)  the delegate writes the name of each applicant on a separate paper of
        the same kind as the paper on which the name of each other applicant
        is written; and

   (d)  the papers and writing may be examined by each person present at the
        draw; and

   (e)  the papers are folded in the same manner by the delegate and are
        placed by him or her in an otherwise empty receptacle the interior
        surface of which will not snag the papers; and

   (f)  subject to subregulation (3)-a person draws the papers individually
        from the receptacle without looking into the receptacle; and

   (g)  the delegate records on each paper the place of the paper in the order
        of drawing of papers from the receptacle; and

   (h)  the delegate records on each application the number that corresponds
        to the place in the draw of the paper relating to the application.

(2) If an applicant who has been notified under paragraph (1) (a) does not
attend the draw at the notified time and place, the draw may be conducted in
his or her absence.

(3) The person mentioned in paragraph (1) (f):

   (a)  must not be:

        (i)    an applicant or the delegate; or

        (ii)   an officer, employee or agent of an applicant; and

   (b)  must be a person declared in writing by each applicant and the
        delegate to be acceptable.