By Robert Windmill

MELBOURNE, Sept 1 AAP - Weight is only a secondary problem for 2007 Melbourne Cup winner Efficient lining up to contest this year's race.

Chief handicapper Greg Carpenter said he believed the Lloyd Williams-owned Efficient, who he rates as the "benchmark stayer in the southern hemisphere" over the last three years, was the first ever Melbourne Cup topweight not to have passed the first ballot clause.

Carpenter allotted Efficient 58kg in the Melbourne Cup and he is equal topweight with former European star stayer and stablemate Alandi.

While not passing the first ballot clause doesn't preclude Efficient from running in the Melbourne Cup, it jeopardises his chances of gaining a start.

"He is topweight on overall performances and he could still get into the field but to make sure he is right at the top of the ballot preference he will have to fulfil that first balloting clause," Carpenter said.

Carpenter said he supports the Melbourne Cup conditions and the balloting clauses as they stand.

"It was something that was reviewed again this year and it is probably fair to say that I don't think any rule should be changed to suit a specific horse," Carpenter said.

"You have to look at the overall concept."

He said the first ballot clause provided for horses who have a performance of significance of over 2300 metres or further since August 1, 2008 to be at the top end of the ballot.

"Efficient's most recent start in that distance range was his victory in the 2007 Melbourne Cup and therefore he has not passed the ballot criteria as yet," Carpenter said.

Efficient was given 58kg in both 2008 and 2009 (when heading the weights with Maldivian) but has not raced since winning the Group One Turnbull Stakes (2000m) at Flemington last October owing to injury.

Peter Pan is the only horse to win two Cups (1932 and 1934) having missed the interceding year through injury. No horse has won the Cup twice with three years between victories.

The Turnbull is one avenue to the Melbourne Cup as it guarantees this year's winner a start in the race.

Efficient would also pass the ballot clause if he had a top-three finish in the Cox Plate (2040m) or in either of the Derby Day features - the Mackinnon Stakes (2000m) or Lexus Quality (2500m).

A top-eight finish in the Caulfield Cup would also give him a pass into the Melbourne Cup while a top-three finish over 2300 metres or further in any Group race or a win in a Listed race in that distance range would also secure him another Melbourne Cup start.

Placing down to fifth and earning $60,000 in any race of 2300 metres or more also constitutes passing the first ballot clause.