Mine Health and Safety Act 2004 No 74
Current version for 1 January 2014 to date (accessed 27 January 2015 at 09:28)

140   Conduct of election of site check inspectors

(1)  An election for a site check inspector for a mine may be conducted:
(a)  if there is only one involved union in relation to the mine—by that involved union, or
(b)  if there is more than one involved union and all the involved unions are in agreement that a specified one of those unions should conduct the election—by that specified union, or
(c)  if there is no involved union in relation to the mine or agreement cannot be reached under paragraph (b)—by a person authorised by the Chief Inspector to conduct elections under this section.
(2)  A person may be a candidate in the election if and only if the person is employed at the mine.
(3)  Subject to the regulations, all individuals employed in or about the mine are entitled to vote in the election.
(4)  Where there is only one candidate for the election, that person is taken to have been elected.
(5)  The election must be conducted in a manner that is consistent with recognised democratic principles.
(6)  Where a person is elected as a site check inspector for a mine, the involved union or other person authorised under subsection (1) to conduct the election must, as soon as practicable after the person has been so elected, inform the Chief Inspector and the operator of the mine.
(7)  As soon as practicable after being so informed, the operator of the mine must cause a notice, that the person so elected is a site check inspector for the mine, to be displayed in a prominent place at the mine, that will allow all of the persons working in or about the mine to be notified of the election.

Maximum penalty: 10 penalty units.

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