1995—No. 210 (NSW)
1995—No. 210
STOCK DISEASES ACT 1923—REGULATION
(Stock Diseases (Nominations and Elections) Regulation 1995)
NEW SOUTH WALES
[Published in Gazette No. 70 of 9 June 1995] HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Stock Diseases Act 1923, has been pleased to make the Regulation set forth hereunder.
R. S. AMERY
Minister for Agriculture.
PART 1—PRELIMINARY
Citation
1. This Regulation may be cited as the Stock Diseases (Nominations and Elections) Regulation 1995.
Commencement
2. This Regulation commences on 6th May 1995.
Definitions
3. (1) In this Regulation:
“calling of the ballot” for an election means the date on which a
notice is first published for the election under clause 25;
“calling of the election” for an election means the date on which a
notice is published for the election under clause 16;
“calling of nominations”, in relation to the appointment of the PSA member, means the date on which a notice is first published in respect of that appointment under clause 7;
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“close of enrolments” for an election means the final time and date fixed by the returning officer for the close of enrolments in the election;
“close of exhibition of the roll” for an election means the final time and date fixed by the returning officer for the close of exhibition of the roll;
“close of nominations” means:
(a) in relation to the appointment of the PSA member, the final time and date fixed by the returning officer for the close of nominations for that appointment; or (b) in relation to the election of a stock owner member, the final time and date fixed by the returning officer for the close of nominations for the election;
“close of the ballot” for an election means the final time and date fixed by the returning officer for the close of the ballot for the election;
“election” means an election conducted for the purpose of appointing
one or more stock owner members;
“final roll” for an election means the roll prepared by the returning
officer under Division 5 of Part 3;
“preliminary roll” for an election means the roll provided to the
returning officer under clause 24;
“PSA” means the Public Service Association of New South Wales; “PSA member” means the member of the Board appointed under
section 5 (5) (b) of the Act;
“returning officer” means:
(a) the Electoral Commissioner for New South Wales; or
(b)
a person nominated by the Electoral Commissioner for the purpose of exercising the functions of a returning officer;
“Secretary” means the Secretary of the Board of Tick Control;
“stock owner member” means a member of the Board appointed
under section 5 (5) (c) of the Act;
“the Act” means the Stock Diseases Act 1923.
(2) In this Regulation, a reference to a Form is a reference to a Form
set out in Schedule 1.
Repeal
4. (1) The Stock Diseases (Board Members) Regulation 1988 is repealed.
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(2) Any act, matter or thing that, immediately before the repeal of the Stock Diseases (Board Members) Regulation 1988, had effect under that Regulation continues to have effect under this Regulation.
PART 2—NOMINATIONS
Division 1—Preliminary
Nomination of member to represent PSA
5. The PSA member is to be nominated in accordance with this Part.
Prescribed qualifications
6. A person has the prescribed qualifications for the purposes of the nomination of the PSA member if the person:
(a) is employed in the Department of Agriculture; and
(b)
exercises functions, in relation to the control and eradication of cattle tick, conferred or imposed on the person by or under the Act; and
(c) is a member of the PSA.
Division 2—Calling of nominations
Notice of proposed appointment
7. (1) Whenever a PSA member is required to be appointed, the Secretary must cause notice of that fact to be published in at least one newspaper circulating generally throughout New South Wales.
(2) The notice:
(a) must specify that a PSA member is required to be appointed; and
(b) must call for nominations of candidates; and(c) must fix the time and date for the close of nominations; and
(d) must advise where nomination forms may be obtained and where nominations may be lodged; and (e) must specify the qualifications that qualify a person to nominate a candidate.
(3) The date fixed for the close of nominations must be not earlier than 21 days, or later than 28 days, after the date on which the notice is first published.
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Postponement of close of nominations
8. (1) The Secretary may postpone the close of nominations for a
period not exceeding 14 days by a notice similar to, and published in the
same manner as, the notice calling for the nomination of candidates.(2) The power conferred on the Secretary by this clause may be exercised more than once in respect of a proposed appointment.
Division 3—Nominations
Qualifications for nominating candidates
9. A person is qualified to nominate a candidate for appointment as the
PSA member if, and only if, the person has the prescribed qualifications.
Eligibility for nomination
10. A person is eligible for nomination as a candidate for appointment as the PSA member if, and only if, the person has the prescribed qualifications.
Nomination of candidates
11. (1) A nomination of a candidate:
(a) must be in Form 1; and
(b) must be made by at least 2 persons (other than the candidate) who each have the prescribed qualifications; and (c) must be lodged with the Secretary before the close of nominations. (2) If the Secretary is of the opinion that an insufficient number of the persons by whom a candidate has been nominated are qualified to nominate a candidate, the Secretary must, as soon as practicable, cause notice of that fact to be given to the candidate.
(3) A candidate who has been nominated for appointment may withdraw the nomination at any time before the close of nominations by notice in writing addressed to the Secretary.
Selection of members
12. In the appointment of the PSA member, the member to be appointed must be selected by the PSA from the persons duly nominated as at the close of nominations.
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PART 3—ELECTIONS
Division 1—Preliminary
Election of members to represent stock owners
13. The stock owner members are to be elected, one for each electoral district, in accordance with this Part.
Prescribed qualifications
14. A person has the prescribed qualifications for the purposes of the election of a stock owner member if the person owns cattle that have been examined by an inspector:
(a)
at the first round of the most recent compulsory dipping of cattle under section 14 (6) of the Act; or
(b)
at the most recent compulsory examination of cattle under section 14 (6) of the Act,
that has occurred within the electoral district to which the election relates.
Constitution of electoral districts
15. (1) There are to be 6 electoral districts.
(2) The Minister may, by order published in the Gazette, constitute an
electoral district and may, by the same order or by a further order so
published, give a name to the electoral district.(3) An order by which an electoral district is constituted must describe the land comprised in the electoral district.
(4) An order that was in force under the Stock Diseases (Board Members) Regulation 1988 immediately before the repeal of that Regulation is taken to be an order in force under this Regulation.
Division 2—Calling of the election
Notice of election
16. (1) As soon as practicable after having been notified in writing by or on behalf of the Minister that one or more stock owner members are required to be appointed, the returning officer must cause notice of that fact:
(a) to be sent to the Secretary; and
(b)
to be published in a newspaper circulating generally throughout the electoral district.
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(2) The notice to be sent to the Secretary:
(a)
must state that an election is to be held for the purpose of appointing one or more stock owner members; and
(b) must fix a time and date for the close of nominations.
(3) The notice to be published in the newspaper:
(a)
must state that an election is to be held for the purpose of appointing one or more stock owner members; and
(b)
must specify the number of members required to be appointed to represent stock owners; and
(c) must call for nominations of candidates; and
(d) must specify the time and date for the close of nominations; and
(e) must advise where nomination forms may be obtained and where nominations may be lodged; and (f) must specify the qualifications that qualify a person to nominate a candidate. (4) The date fixed for the close of nominations must not be earlier than 21 days, or later than 28 days, after the date on which the notice is published in the Gazette.
Postponement of close of nominations
17. (1) The returning officer may postpone the close of nominations for a period not exceeding 14 days by a notice in a form similar to, and published in the same manner as. a notice calling for the nomination of candidates.
(2) The power conferred on the returning officer by this clause may be exercised more than once in respect of an election.
Division 3—Nominations
Qualifications for nominating candidates
18. A person is qualified to nominate a candidate for election as a stock owner member if, and only if, the person has the prescribed qualifications.
Eligibility for nomination
19. A person is eligible for nomination as a candidate for election as a stock owner member if, and only if, the person has the prescribed qualifications.
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Nomination of candidates
20. (1) A nomination of a candidate:
(a) must be in Form 2; and
(b) must be made by at least 5 persons (other than the candidate) who each have the prescribed qualifications; and (c) must be lodged with the returning officer before the close of nominations. (2) If the returning officer is of the opinion that an insufficient number of the persons by whom a candidate has been nominated are qualified to nominate a candidate, the returning officer must, as soon as practicable, cause notice of that fact to be given to the candidate.
(3) For the purpose of enabling the returning officer to form an opinion as to whether a person by whom a candidate in an election has been nominated is qualified to nominate a candidate, the returning officer may require the Secretary to furnish the returning officer with such information regarding the person as the returning officer may specify.
(4) The Secretary must comply with such a requirement as soon as practicable.
(5) A candidate who has been nominated in an election may withdraw the nomination at any time before the close of nominations by notice in writing addressed to the returning officer..
Uncontested elections
21. If the number of persons who have been duly nominated as
candidates by the close of nominations does not exceed the number ofpersons to be elected, each of those persons is taken to have been elected.
Contested elections
22. If the number of persons who have been duly nominated as candidates by the close of nominations exceeds the number of persons to be elected, a ballot must be held.
Candidate information sheets
23. (1) At any time before the close of nominations, a candidate may submit to the returning officer a statutory declaration, in Form 3, containing information intended for inclusion in a candidate information sheet.
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(2) If more than the required number of persons have been nominated as candidates by the close of nominations, the returning officer must draw up a candidate information sheet consisting of the information contained in the statutory declarations submitted by the candidates.
(3) In drawing up a candidate information sheet, the returning officer may omit (or, with the consent of the candidate, correct) so much of the information contained in a candidate’s statutory declaration as the returning officer considers:
(a) to be false or misleading; or
(b) to be inappropriate for inclusion in the candidate information sheet; or (c) to exceed the maximum amount of information that is suitable for inclusion in the candidate information sheet. (4) If a candidate does not submit a statutory declaration to the returning officer, the returning officer may, in drawing up a candidate information sheet, include in the sheet in respect of the candidate the words “NO INFORMATION RECEIVED”.
(5) The names of the candidates must be listed on the candidate
information sheet in the same order as they are listed on the ballot-paper
for the election.
Division 4—Calling of the ballot
Preparation of preliminary roll 24. (1) As soon as practicable after it becomes apparent to the returning officer that a ballot is required to be held in respect of an election, the returning officer must cause notice of that fact to be sent to the Secretary.
(2) The Secretary must provide the returning officer with:
(a) in the case of an election of one or more members to represent
stock owners, a preliminary roll of the persons who, in the opinion
of the Secretary, are qualified to vote in the election; and
(b)
an appropriately addressed label or an appropriately addressed envelope for each person whose name is included in that roll.
(3) The preliminary roll:
(a)
must contain the names (consecutively numbered and listed in alphabetical order) and addresses of the persons whose names are included in the roll; and
(b) must be certified by the Secretary in accordance with Form 4.
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(4) This clause does not apply to an election held as a consequence of an earlier election that has failed if a preliminary roll for the earlier election has already been provided to the returning officer.
Notice of ballot
25. (1) As soon as practicable after receiving the preliminary roll for the election, the returning officer:
(a)
must cause notice that a ballot is to be held to be published in a newspaper circulating generally throughout the electoral district; and
(b)
must cause copies of the preliminary roll to be exhibited for public inspection for at least 14 days (ending at the close of exhibition of the roll) at a place specified in the notice as a place where the roll will be exhibited.
(2) The notice:
(a) must state that a ballot is to be taken; and
(b) must fix a time and date for the close of exhibition of the roll; and
(c) must fix a time and date for the close of enrolments; and(d) must fix a time and date for the close of the ballot; and
(e)
must advise where copies of the preliminary roll will be exhibited; and
(f) must specify the qualifications that qualify a person to vote; and
(g) must advise where applications for enrolment and objections against enrolment may be lodged.
(3) The close of exhibition of the roll must be not earlier than 14 days after the calling of the ballot.
(4) The close of the ballot must be not earlier than 28 days after the calling of the ballot.
(5) The close of enrolments must be not earlier than the close of exhibition of the roll and not later than 14 days before the close of the ballot.
Postponement of ballot
26. (1) The returning officer may postpone (for a period not exceeding
14 days) the close of exhibition of the roll, the close of enrolments or the
close of the ballot by a notice published in the same way as the notice
stating that a ballot is to be held.
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(2) The power conferred on the returning officer by this clause may be exercised more than once in respect of an election.
Division 5—Preparation of the final roll
Qualifications for voting
27. (1) A person is qualified to vote in an election if, and only if, the person has the prescribed qualifications.(2) This clause does not entitle a person (whether in his or her own capacity or in his or her capacity as the representative of some other person):
(a) to vote more than once in any election; or
(b)
to vote in 2 or more elections if elections are being held simultaneously in different electoral districts.
Enrolment of representatives of stock owners
28. (1) If, in the opinion of the returning officer, cattle are owned:
(a) on behalf of a corporation—the corporation is taken to be enrolled, or to apply for enrolment, in the relevant final roll for an election if, and only if, a nominee of the corporation is so enrolled, or so applies for enrolment, in that roll as the representative of the corporation; or (b) on behalf of a partnership—the partnership is taken to be enrolled, if, and only if, a nominee of the partnership is so enrolled, or so applies for enrolment, in that roll as the representative of the partnership; or
(c) by trustees or by legal personal representatives (whether as agents, administrators or executors or otherwise) on behalf of a person or
the estate of a person—the person or estate is taken to be enrolled, or to apply for enrolment, in the relevant final roll for an election if, and only if, a nominee of those trustees or representatives is so enrolled, or so applies for enrolment, in that roll as the representative of the person or estate.
(2) A nominee must be a natural person who is not already enrolled in the relevant final roll for the election in some other capacity.
(3) A representative of a corporation, partnership, person or estate is taken to be a stock owner for the purposes of enrolment and of any election in which the corporation, partnership, person or estate is qualified to vote.
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(4) In this clause, a reference to a partnership includes a reference to any group of persons who, in the opinion of the returning officer, are engaged in a single enterprise in raising cattle.
(5) In forming such an opinion in respect of a group of persons, the returning officer may ignore the existence of any legal entity that consists of or includes persons who form part of the group.
Applications for enrolment
29. (1) A person whose name does not appear on the preliminary roll for an election may apply for enrolment in the final roll for the election.
(2) The application must be in Form 5 and must be lodged with the returning officer before the close of enrolments.
(3) On receipt of the application, the returning officer:
(a)
if satisfied that the applicant is qualified to vote, must accept the application and enter the name and address of the applicant in the relevant final roll; or
(b)
if not so satisfied, must reject the application and inform the applicant in writing that the application has been rejected; or
(c)
if the application is not in the proper form or is incomplete, must return the application for correction or completion and consider the duly corrected or completed application in accordance with this clause.
Objections to enrolment
30. (1) Before the close of enrolments, the returning officer and any person who is qualified to vote in an election may object to the inclusion of the name of any person in the relevant final roll.
(2) An objection:
(a) must be in Form 6; and
(b) must state the grounds on which the objection is made; and
(c) must be signed by the objector; and
(d) must be lodged with the returning officer.
(3) The returning officer must send particulars of an objection to the person to whom the objection relates.
(4) The person to whom an objection relates may lodge a written reply with the returning officer within 14 days after the date on which particulars of the objection were sent to that person.
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(5) The returning officer must consider each objection, and any reply received within that 14 day period, and may make such inquiries as the returning officer thinks fit.
(6) The returning officer may accept or refuse to accept an objection.
(7) If the returning officer accepts an objection, the returning officer must exclude from the relevant final roll for the election the name of the person to whom the objection relates and must inform that person and the objector, in writing, that the name is so excluded.
(8) If the returning officer rejects an objection, the returning officer must notify the person to whom the objection relates and the objector, in writing, that the returning officer has rejected the objection.
(9) The returning officer may require a person who lodges an objection, or who replies to an objection, to verify the objection or reply by statutory declaration.
Postponement of ballot not to affect final roll
31. The validity of the final roll for an election is not affected by the
postponement of the close of the ballot by a notice published after theclose of the roll, and the roll remains the final roll for the election.
Division 6—The ballot
Printing of ballot-papers
32. (1) As soon as practicable after the close of enrolments in an election, the returning officer:
(a)
must determine the order in which the candidates’ names are to be listed on a ballot-paper by means of a ballot held in accordance with the procedure prescribed for the purposes of section 82A of the Parliamentary Electorates and Elections Act 1912; and
(b)
must cause sufficient ballot-papers to be printed to enable a ballot- paper to be sent to each person included in the final roll for the election; and
(c)
if a candidate information sheet has been drawn up, must cause sufficient copies to be printed so that a copy may be sent to each person included in that roll.
(2) A ballot-paper for an election must contain:
(a)
the names of the candidates arranged in the order determined in accordance with subclause (1) (a), with a small square set opposite each name; and
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(b)
if the returning officer considers that the names of 2 or more of the candidates are so similar as to cause confusion, such other matter as the returning officer, considers will distinguish between the candidates; and
(c)
such directions as to the manner in which a vote is to be recorded and returned to the returning officer as the returning officer considers appropriate.
(3) The directions to voters must include a direction that:
(a)
the voter must record a vote for at least the number of candidates to be elected by placing consecutive numbers (beginning with the number “1” and ending with the number equal to the number of candidates to be elected) in the squares set opposite their names in the order of the voter’s preferences for them; and
(b)
the voter may, but is not required to, vote for additional candidates by placing consecutive numbers (beginning with the number next higher than the number of candidates to be elected) in the square set opposite their names in the order of the voter’s preferences for them.
Distribution of ballot-papers
33. As soon as practicable after the printing of the ballot-papers for an election, the returning officer must send to each person included in the final roll for the election:
(a)
a ballot-paper initialled by the returning officer (or by a person authorised by the returning officer) or that bears a mark prescribed for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 19 12; and
(b)
an unsealed reply-paid envelope addressed to the returning officer and bearing on the back the words “NAME AND ADDRESS OF VOTER” and “SIGNATURE OF VOTER”, together with appropriate spaces for the insertion of a name, address and signature; and
(c) if applicable, a candidate information sheet.
Duplicate ballot-papers
34. (1) At any time before the close of the ballot, the returning officer may issue to a voter a duplicate ballot-paper and envelope if the voter satisfies the returning officer by statutory declaration:
(a)
that the original ballot-paper has been spoilt, lost or destroyed; and
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(b)
that the voter has not already voted in the election to which the ballot-paper relates.
(2) The returning officer must maintain a record of all duplicate ballot-
papers issued under this clause.
Recording of votes
35. In order to vote in an election, a person:
(a)
must record a vote on the ballot-paper in accordance with the directions shown on it; and
(b)
must place the completed ballot-paper (folded so that the vote cannot be seen) in the envelope addressed to the returning officer; and
(c) must seal the envelope; and
(d)
must complete the person’s full name and address on, and must sign, the back of the envelope; and
(e)
must return the envelope to the returning officer so as to be received before the close of the ballot.
Division 7—The scrutiny
Receipt of ballot-papers
36. (1) The returning officer must reject (without opening it) any envelope purporting to contain a ballot-paper if the envelope is not received before the close of the ballot or is received unsealed.
(2) The returning officer must examine the name on the back of the envelope and, without opening the envelope:
(a) must accept the ballot-paper in the envelope and draw a line through the name on the roll that corresponds to the name on the back of the envelope, if satisfied that a person of that name is included in the relevant final roll for the election; or (b) must reject the ballot-paper in the envelope, if not so satisfied or if a name, address or signature does not appear on the back of the envelope. (3) The returning officer may reject a ballot-paper in an envelope without opening the envelope if, after making such inquiries as the returning officer thinks fit:
(a)
the returning officer is unable to identify the signature on the back of the envelope; or
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(b)
it appears to the returning officer that the signature on the back of the envelope is not the signature of the person whose name and address appear on the back of the envelope.
Ascertaining result of ballot
37. The result of a ballot must be ascertained by the returning officer as soon as practicable after the close of the ballot.
Scrutineers
38. Each candidate in a ballot is entitled to appoint, by notice inwriting, a scrutineer to represent the candidate at all stages of the scrutiny.
Scrutiny of votes
39. (1) The scrutiny of votes in a ballot is to be conducted as follows:
(a) the returning officer must produce unopened the envelopes containing the ballot-papers accepted for scrutiny; (b) the returning officer must then open each such envelope, extract the ballot-paper and (without unfolding it) place it in a locked ballot-box; (c) when the ballot-papers from all the envelopes so opened have been placed in the ballot-box, the returning officer must then unlock the ballot-box and remove the ballot-papers; (d) the returning officer must then examine each ballot-paper and reject those that are informal; (e) the returning officer must then proceed to count the votes and ascertain the result of the election. (2) At the scrutiny of votes in a ballot, a ballot-paper must be rejected as informal:
(a)
if it is neither initialled by the returning officer (or by a person authorised by the returning officer in that behalf) nor bears a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912; or
(b)
if it has on it any mark or writing which the returning officer considers could enable any person to identify the voter who completed it; or
(c)
if it has not been completed in accordance with the directions shown on it.
(3) A ballot-paper must not be rejected as informal:
(a)
merely because there is any mark or writing on it that is not authorised or required by this Regulation (not being a mark or
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writing referred to in subclause (2) (b)) if, in the opinion of the returning officer, the voter’s intention is clearly indicated on the ballot-paper; or
(b) if the voter has recorded a vote by placing in one square the number “l”: (i) merely because the same preference (other than a first preference) has been recorded on the ballot-paper for more than one candidate; or
(ii) merely because there is a break in the order of preferences recorded on the ballot-paper.
Counting of votes
40. In any election:
(a)
the method of counting the votes so as to ascertain the result of the election is as provided in Part 2 of the Seventh Schedule to the Constitution Act 1902; and
(b)
for the purpose of applying the provisions of that Part to any such election, a reference in those provisions to the returning officer is to be read as a reference to the returning officer under this Regulation.
Notice of result of election
41. As soon as practicable after a candidate in an election has been elected, the returning officer must notify the Minister and the Secretary, in writing, of the name of the candidate elected.
Division 8—General
Decisions of returning officer final
42. If the returning officer is permitted or required by the Act or this Regulation to make a decision on any matter relating to the taking of a ballot in an election, the decision of the returning officer on that matter is final.
Death of a candidate
43. If a candidate dies after the close of nominations and before the close of the ballot:
(a)
the returning officer is to cause notice of the death to be published in the Gazette; and
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(b)
all proceedings taken after the Minister notified the returning officer that the election was required to be held are of no effect and must be taken again.
Offences
44. A person must not:
(a) vote, or attempt to vote, more than once in any election; or
(b)
vote, or attempt to vote, in an election in which the person is not entitled to vote; or
(c)
make a false or wilfully misleading statement (not being a statement verified by statutory declaration):
(i) to the returning officer in connection with an election; or
(ii) in any document that the person furnishes for the purposes of an election; or
(d)
apply for enrolment in respect of an election in respect of which the person is already enrolled.
Maximum penalty: 5 penalty units.
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SCHEDULE 1—FORMS
Form 1
(Cl. 11)
NOMINATION OF CANDIDATE FOR APPOINTMENT AS THE PSA
MEMBER
(STOCK DISEASES ACT 1923)
We hereby nominate ........................................................................................
(name in full)
of ...........................................................................................................................
(postal address)
as a candidate for appointment to the Board of Tick Control as the PSA member.
We declare that we are each qualified to make this nomination.
Name in full Address Signature .............................................................................................................................
............................................................................................................................
......................................................................................................................................................................................................................................................
I. ..................................... hereby consent to being a candidate for appointment to the Board of Tick Control.
Postal address ....................................................................................................................
Postcode: .......................... Telephone No.:............................................................ Date of birth: ......................................................................................................
Dated: ....................................................... Signed: .....................................................
NOTE: This nomination must be completed by 2 or more persons (other than the candidate), each of whom is qualified to nominate a candidate in accordance with clause 9 of the Stock Diseases (Nominations and Elections) Regulation 1995.
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Form 2
(CI. 20)
NOMINATION OF CANDIDATE FOR ELECTION AS A STOCK OWNER
(STOCK DISEASES ACT 1923)
We hereby nominate ........................................................................................
(name in fill)
of ....................................................................................................................
(postal address)
as a candidate for election to the Board of Tick Control as a stock owner member.
We declare that we are each qualified to make this nomination.
Name in fill Address Signature
......................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.........................................................................................................................................
I, ............................................ hereby consent to being a candidate for election to the Board of Tick Control.
Postal address: ................................................................................................ Postcode: ...................... Telephone No.: ...............................................................
Date of birth: ..........................................................................................................
Dated: ................................................. Signed: .................................................. NOTE: This nomination must be completed by 5 or more persons (other than the candidate). each of whom is qualified to nominate a candidate in accordance with clause 18 of the Stock Diseases (Nominations and Elections) Regulation 1995.
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Form 3
(Cl. 23)
STATUTORY DECLARATION
(STOCK DISEASES ACT 1923)
I. .................................................... of .................................................................... do solemnly and sincerely declare that:
I. My full name is ..........................................................................................................
2. My residential address is ................................................................................................. ...............................................................................................................................................
3. My date of birth is ..........................................................................................................
4. I am self-employed*/employed by* ...............................................................................
as ..........................................................................................................................................
(specify nature of employment)
5. I hold the following qualifications (academic/trade/professional): ..............................
................................................................................................................................................
6. I am a member of the following organisations: .........................................................
................................................................................................................................................
7. (See note) .........................................................................................................................................................................................................................................................................
And I make this solemn declaration conscientiously believing the same to be true.
and by virtue of the provisions of the Oaths Act 1900.
Declared at .............................................. this .............................................................. day of ......................................... 19 .............. , ............................................................
(Signature)
Before me:
............................................
Justice of the Peace
* (Strike out whichever does not apply)
NOTE: A candidate may include further information relating to the candidacy. The information should not exceed 100 words.
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Form 4
(CI. 24)
CERTIFICATE
(STOCK DISEASES ACT 1923)
I certify that this roll contains the names (consecutively numbered and listed in
alphabetical order) and addresses of those persons who in my opinion are entitled to
vote in the election for which this roll has been prepared.
The first and last entries in the roll are as follows:
First entry: No.: ............. Name: ........................................................................................
Address: ...............................................................................................................................
Last entry: No.: ............. Name: .......................................................................................Address: ...............................................................................................................................
Dated: .......................................... Signed: ......................................................
Form 5
(Cl. 29)
APPLICATION FOR ENROLMENT
(STOCK DISEASES ACT 1923)
Surname: .............................................................................................................................
Given names: ......................................................................................................................Postal address: ...................................................................................................................
Postcode: ......................... Telephone No.: ...............................
I hereby apply to be enrolled as a stock owner:
(a) * as the occupier of land; or
(b) * as a nominee of the occupier of land.
Particulars of person or persons for whom I am a nominee are as follows:
Name: .................................................................................................................................
Postal address: ...................................................................................................................
1995—No. 210
...........................................................................................................................................
I declare that I am*/the person I represent is* entitled to enrolment in accordance with clause 27 of the Stock Diseases (Nominations and Elections) Regulation 1995.
I further declare that, to the best of my knowledge, the information contained in this application is true.
Dated: * (Strike out whichever does not apply)
........................................
Signed:
........................................
Form 6
(CI. 30)
OBJECTION TO ENROLMENT
(STOCK DISEASES ACT 1923)
I hereby object to the inclusion in the final roll for the following election:
.........................................................................................................................................
(specify the election to which the objection relates)
of the name of ..............................................................................................................
(name in full)
of .................................................................................................................................
(address)
This objection is based on the following grounds:
..................................................................................................................................
..................................................................................................................................
(specify the grounds of the objection)
Name of objector: ........................................................................................................
Postal address: ...............................................................................................................
Postcode: ................. Telephone No.: .......................................................................
Dated: ................................ Signed: ................................................................................
1995—No. 210
NOTES
TABLE OF PROVISIONS
PART I-PRELIMINARY
1. Citation
2. Commencement
3. Definitions
4. Repeal
PART 2—NOMINATIONS
Division 1—Preliminary
5. Nomination of member to represent PSA
6. Prescribed qualifications
Division 2—Calling of nominations
7. Notice of proposed appointment
8. Postponement of close of nominations
Division 3—Nominations
9. Qualifications for nominating candidates
10. Eligibility for nomination
11. Nomination of candidates
12. Selection of members
PART 3—ELECTIONS
Division 1—Preliminary
13. Election of members to represent stock owners
14. Prescribed qualifications
15. Constitution of electoral districts
Division 2—Calling of the election
16. Notice of election
17. Postponement of close of nominations
Division 3—Nominations
18. Qualifications for nominating candidates
19. Eligibility for nomination
20. Nomination of candidates
21. Uncontested elections
22. Contested elections
23. Candidate information sheets
1995—No. 210
Division 4—Calling of the ballot
24. Preparation of preliminary roll
25. Notice of ballot
26. Postponement of ballot
Division 5—Preparation of the final roll
27. Qualifications for voting
28. Enrolment of representatives of stock owners
29. Applications for enrolment
30. Objections to enrolment
31. Postponement of ballot not to affect final roll
Division 6—The ballot
32. Printing of ballot-papers
33. Distribution of ballot-papers
34. Duplicate ballot-papers
35. Recording of votes
Division 7—The scrutiny
36. Receipt of ballot-papers
37. Ascertaining result of ballot
38. Scrutineers
39. Scrutiny of votes
40. Counting of votes
41. Notice of result of election
Division 8—General
42. Decisions of returning officer final
43. Death of a candidate
44. Offences
SCHEDULE 1—FORMS
EXPLANATORY NOTE
The object of this Regulation is to repeal and remake, without any major changes in substance, the provisions of the Stock Diseases (Board Members) Regulation 1988. The new Regulation deals with the following matters:
(a)
the nomination of certain members of the Board of Tick Control who are required to be appointed under section 5 (5) (b) of the Act (Part 2);
(b)
the election of certain members of the Board of Tick Control who are required to be elected under section 5 (5) (c) of the Act (Part 3);
(c) other minor, consequential and ancillary matters (part 1).
This Regulation is made under the Stock Diseases Act 1923. including section 23
(the general regulation making power) and section 5.
1995—No. 210
This Regulation comprises or relates to matters of a machinery nature and matters that are not likely to impose an appreciable burden, cost or disadvantage on any sector of the public.
This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.
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