South Australian Current Regulations

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RETAIL AND COMMERCIAL LEASES REGULATIONS 2010 - REG 11

11—Trading hours—procedure for secret ballot

For the purposes of section 61(1)(c) of the Act, a secret ballot for the approval of core trading hours must be conducted as follows:

            (a)         the proposed core trading hours must be incorporated into a resolution to be put at a meeting of the persons who are entitled to vote on the matter (see section 61(2) of the Act);

            (b)         the lessor and each lessee of a retail shop affected by the proposal must receive at least 10 days notice of the meeting;

            (c)         the notice must—

                  (i)         be in writing; and

                  (ii)         state the time and place at which the meeting will be held; and

                  (iii)         set out the text of the resolution that is to be put to the meeting;

            (d)         a person who is entitled to vote at the meeting may, by written instrument, appoint another person to act as his or her proxy at the meeting;

            (e)         the person or persons who are proposing the resolution must make up, and provide at the meeting, ballot papers for the purposes of the ballot;

            (f)         the ballot papers must set out the text of the resolution and clearly indicate a place where a person who is voting may vote for, or against, the resolution;

            (g)         the persons present at the relevant meeting must appoint 1 of their number to preside at the meeting and to conduct the ballot;

            (h)         the person presiding at the meeting—

                  (i)         may require that the ballot papers be altered or replaced before the ballot is conducted if he or she is dissatisfied with the form or content of the ballot papers, or otherwise considers that it is appropriate to take action under this provision; and

                  (ii)         may decide any other question relevant to the conduct of the ballot;

                  (i)         each person who casts a vote in the ballot is entitled to scrutinise the counting of votes.



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