Australian Wine and Brandy Corporation (Election of Members) Regulations (Cth)

Statutory Rules 1981 No. 781

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Australian Wine and Brandy Corporation (Election of Members) Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Wine and Brandy Corporation Act 1980.

Dated 28 April 1981.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

PETER NIXON

Minister of State for Primary Industry

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Citation

1. These Regulations may be cited as the Australian Wine and Brandy Corporation (Election of Members) Regulations.

Interpretation

2. (1) In these Regulations, unless the contrary intention appears—

"authorized person" means—

(a) in relation to a commercial producer that is a firm—a member of the firm;

(b) in relation to a commercial producer that is a company—a director, or the secretary, of the company; and

(c) in relation to a commercial producer that is a body corporate other than a company—a member of the governing body (however designated) of the body corporate;

"candidate" means a candidate validly nominated for election as a member of the Corporation;

 

"Chief Electoral Officer" means the Chief Australian Electoral Officer appointed under the Australian Electoral Office Act 1973 or a person appointed under that Act to act in the office of Chief Australian Electoral Officer;

"company" means a company incorporated or deemed to be incorporated under a law in force in a State or Territory;

"member" or "member of the Corporation" means a member of the Corporation referred to in paragraph 13 (1) (b), (c) or (d) of the Act;

"poll" means a poll taken in accordance with these Regulations;

"roll" means a roll prepared and maintained in accordance with these Regulations;

"the Act" means the Australian Wine and Brandy Corporation Act 1980;

"voter", in relation to a poll, means a person who is eligible to cast a vote at that poll.

(2) Where a person, being a natural person, is—

(a) a commercial producer or a member of a firm that is a commercial producer;

(b) an employee of a commercial producer; or

(c) a director or an officer of a body corporate that is a commercial producer,

the person shall, for the purposes of these Regulations, be deemed to be connected with a commercial producer.

(3) For the purposes of these Regulations, a person who is a resident of the Australian Capital Territory or the Jervis Bay Territory shall be deemed to be a resident of the State of New South Wales and a person who is a resident of the Northern Territory shall be deemed to be a resident of the State of South Australia.

(4) A reference in these Regulations to the witnessing by a person of the signature of another person shall, unless the contrary intention appears, be read as a reference to the witnessing of that signature by a person who has attained the age of 18 years.

(5) In these Regulations, a reference to a form by number shall be read as a reference to the form so numbered in the Schedule.

Substantial compliance with forms sufficient

3. Strict compliance with the forms in the Schedule is not necessary, and substantial compliance is sufficient.

Returning Officer

4. The Chief Electoral Officer shall appoint a person to be the Returning Officer for the purposes of an election.

Elections

5. Elections shall be held as and when required for the purpose of constituting the membership of the Corporation in accordance with the Act.

Rolls

6. (1) The Returning Officer shall prepare and maintain, or cause to be prepared and maintained—

(a) for the purposes of an election to elect a member to represent commercial producers included in Class 1—a roll of commercial producers included in that class;

(b) for the purposes of an election to elect 2 members to represent commercial producers included in Class 2—a roll of commercial producers included in that class; and

(c) for the purposes of an election to elect 3 members to represent commercial producers included in Class 3—a roll of commercial producers included in that class.

(2) A copy of each roll referred to in sub-regulation (1) shall be open for public inspection at the office of the Returning Officer without fee during his ordinary office hours.

(3) A person whose name and address have not been included in a roll referred to in sub-regulation (1) and who claims to be entitled to have his name and address included in such a roll may, not later than noon on the date fixed by the Minister under sub-regulation (4) in relation to an election, lodge with the Returning Officer a duly completed claim for enrolment in accordance with Form 1.

(4) The Minister shall, by notice published in the Gazette, fix a date in relation to an election for the purposes of sub-regulation (3).

(5) A claim for enrolment shall be signed in the presence of a witness—

(a) where the commercial producer is a natural person—by that person; and

(b) in any other case—by an authorized person.

Voting on behalf of a firm or body corporate

7. (1) Where a commercial producer whose name and address are included in a roll prepared for the purposes of an election is a firm or a body corporate, a vote at that election may be cast on behalf of the commercial producer by a person appointed for that purpose by the commercial producer.

(2) An appointment under sub-regulation (1) by a commercial producer shall—

(a) be in accordance with Form 2;

(b) be signed by an authorized person in the presence of a witness; and

(c) be furnished, not later than noon on the date fixed in relation to the election by the Minister under sub-regulation 6 (4), to the Returning Officer.

(3) Not later than noon on the date fixed in relation to the election by the Minister under sub-regulation 6 (4), a commercial producer may, by notice in writing—

(a) signed by an authorized person in the presence of a witness; and

(b) furnished to the Returning Officer,

revoke an appointment under sub-regulation (1).

(4) Subject to these Regulations, where a commercial producer has, under sub-regulation (3), revoked an appointment made by it under sub-regulation (1), it may make another appointment under sub-regulation (1).

Removal from roll

8. Where a commercial producer ceases to be eligible for enrolment on a roll, the Returning Officer shall remove the name and address of the commercial producer from the roll.

Nominations

9. (1) A person nominated for election as a member to represent commercial producers included in a class shall be a person who—

(a) is connected with a commercial producer whose name and address are included in the roll of commercial producers included in that class;

(b) is nominated by 2 commercial producers whose names and addresses are included in that roll;

(c) is a resident of a State; and

(d) has attained the age of 18 years.

(2) A nomination for the election of a member—

(a) shall be in accordance with Form 3; and

(b) shall be signed—

(i) by each commercial producer making the nomination who is a natural person; and

(ii) on behalf of each commercial producer making the nomination that is a firm or a body corporate, by the person appointed by the commercial producer under sub-regulation 7 (1).

(3) A nomination is not valid—

(a) unless—

(i) the person nominated consents in writing to his nomination;

(ii) that person declares in writing that he is qualified under these Regulations to be nominated; and

(iii) the nomination, and the consent and declaration referred to in sub-paragraphs (i) and (ii), are received by the Returning Officer not later than noon on the date, or the last date, fixed by the Minister under sub-regulation (4) in relation to the election; or

(b) if a commercial producer making the nomination has made more than one other nomination in relation to the election.

(4) The Minister shall, by notice published in the Gazette, fix a date in relation to an election for the purposes of sub-paragraph (3) (a) (iii), and if, at any time after fixing that date, the Minister is satisfied that circumstances exist which render it necessary or desirable to alter the date so fixed, the Minister may, by notice published in the Gazette, fix a later date for the purposes of that sub-paragraph, and that later date shall be substituted for the date originally fixed.

(5) A person may give the consent and make the declaration required by paragraph (3) (a) in accordance with Form 4, but the Returning officer may accept any other form of consent and declaration, whether accompanying the nomination or not, that he considers satisfactory.

(6) A person nominated for election may withdraw his consent to his nomination not later than noon on the date, or the last date (if any), fixed by the Minister under sub-regulation (4), by lodging with the Returning Officer a notice of withdrawal signed by him in the presence of a Justice of the Peace and delivering to each of his nominators a copy of that notice.

(7) As soon as practicable after the last date fixed by the Minister under sub-regulation (4) in relation to an election, the Returning Officer shall publish in the Gazette the name, and place and State of residence, of each candidate.

Election procedures according to candidate numbers

10. (1) If, in the case of an election to elect a member to represent commercial producers included in Glass 1—

(a) there is no candidate—the election shall be taken to have wholly failed;

(b) there is one candidate—the Returning Officer shall, by notice published in the Gazette, declare that candidate duly elected; or

(c) there are 2 or more candidates—a poll shall be taken to determine which candidate is elected.

(2) If, in the case of an election to elect 2 members to represent commercial producers included in Class 2—

(a) there is no candidate—the election shall be taken to have wholly failed;

(b) there is one candidate—

(i) the Returning Officer shall, by notice published in the Gazette, declare that candidate duly elected; and

(ii) the election shall be taken to have partly failed;

(c) there are 2 candidates, each of whom is a resident of a different State from the other—the Returning Officer shall, by notice published in the Gazette, declare those candidates duly elected;

(d) there are 2 or more candidates, all of whom are residents of the one State—

(i) a poll shall be taken to determine which of the candidates is elected; and

(ii) the election shall be taken to have partly failed;

(e) there are 3 or more candidates, all but one of whom are residents of the one State—

(i) a poll shall be taken to determine which of the candidates who are residents of that State is elected; and

(ii) the Returning Officer shall, by notice published in the Gazette, declare the candidate who is a resident of another State duly elected;

(f) there are 3 or more candidates, each of 3 of whom is a resident of a different State from the other 2—a poll shall be taken to determine which 2 candidates are elected; or

(g) there are 4 or more candidates, 2 or more of whom are residents of the one State and the remainder of whom, being 2 or more, are residents of one other State—a poll shall be taken to determine which 2 candidates are elected.

(3) If, in the case of an election to elect 3 members to represent commercial producers included in Class 3—

(a) there is no candidate—the election shall be taken to have wholly failed;

(b) there is one candidate—

(i) the Returning Officer shall, by notice published in the Gazette, declare that candidate duly elected; and

(ii) the election shall be taken to have partly failed;

(c) there are 2 candidates, each of whom is a resident of a different State from the other—

(i) the Returning Officer shall, by notice published in the Gazette, declare those candidates duly elected; and

(ii) the election shall be taken to have partly failed;

(d) there are 3 candidates, each of whom is a resident of a different State from the other 2—the Returning Officer shall, by notice published in the Gazette, declare those candidates duly elected;

(e) there are 2 or more candidates, all of whom are residents of the one State—

(i) a poll shall be taken to determine which of the candidates is elected; and

(ii) the election shall be taken to have partly failed;

(f) there are 3 or more candidates, all but one of whom are residents of the one State—

(i) a poll shall be taken to determine which of the candidates who are residents of that State is elected;

(ii) the Returning Officer shall, by notice published in the Gazette, declare the candidate who is a resident of another State duly elected; and

(iii) the election shall be taken to have partly failed;

(g) there are 4 or more candidates, 2 or more of whom are residents of the one State and the remainder of whom, being 2 or more, are residents of one other State—

(i) a poll shall be taken to determine which 2 candidates are elected; and

(ii) the election shall be taken to have partly failed;

(h) there are 4 or more candidates, 2 or more of whom are residents of the one State, one of whom is a resident of a second State and the remaining one of whom is a resident of a third State—

(i) a poll shall be taken to determine which of the candidates who are residents of the first State is elected; and

(ii) the Returning Officer shall, by notice published in the Gazette^ declare the candidate who is a resident of the second State and the candidate who is a resident of the third State duly elected;

(i) there are 4 or more candidates, each of 4 of whom is a resident of a different State from the other 3—a poll shall be taken to determine which 3 candidates are elected;

(j) there are 5 or more candidates, 2 or more of whom are residents of the one State, 2 or more of whom are residents of a second State and the remaining one of whom is a resident of a third State—

(i) a poll shall be taken to determine which 2 of the candidates who are residents of the first or second State are elected; and

(ii) the Returning Officer shall, by notice published in the Gazette, declare the candidate who is a resident of the third State duly elected, or

(k) there are 6 or more candidates, 2 or more of whom are residents of the one State, 2 or more of whom are residents of a second State and the remainder of whom, being 2 or more, are residents of a third State— a poll shall be taken to determine which 3 candidates are elected.

Voting

11. (1) Voting at a poll shall be carried out by post.

(2) Each commercial producer whose name and address are included on a roll shall be entitled to vote once only in any election.

(3) The Minister shall, by notice published in the Gazette, fix a date on which a poll shall close, and if, at any time after fixing that date, the Minister is satisfied that circumstances exist that render it necessary or desirable to alter the date so fixed, the Minister may, by notice published in the Gazette, fix a later date on which the poll shall close, and that later date shall be substituted for the date originally fixed.

(4) A poll closes at noon on the day fixed by the Minister under sub-regulation (3).

(5) As soon as practicable after the date for the close of a poll has been fixed, the Returning Officer shall send by post to each voter a ballot-paper together with an envelope bearing a form of declaration in accordance with Form 5.

(6) A ballot-paper shall be in accordance with Form 6.

(7) The names of the candidates for election at a poll shall be set out on each ballot-paper in such order as the Returning Officer shall determine by lot.

(8) Before posting a ballot-paper and an envelope bearing a form of declaration to a voter, the Returning Officer shall, in the spaces provided for those purposes, initial the ballot-paper and insert the date fixed for the close of the poll, and, in the form of declaration on the envelope, insert—

(a) the surname of the voter and his other names in full (if known), or the initials of his other names;

(b) the address of the voter; and

(c) the date fixed for the close of the poll.

(9) On receiving a ballot-paper and an envelope bearing a form of declaration, a voter shall—

(a) sign the form of declaration in the presence of a witness;

(b) record his vote in accordance with the directions set out on the ballot-paper; and

(c) send the envelope containing the ballot-paper to the Returning Officer.

(10) If, in relation to a poll, a voter makes and sends to the Returning Officer a statement in writing setting out his full name and address and declaring that he has not received a ballot-paper or envelope, or that any ballot-paper or envelope received by him has been lost or destroyed, and that he has not already cast a vote at the poll, the Returning Officer may send by post to the voter a ballot-paper and envelope, or a further ballot-paper and envelope, as the case may be.

Ballot-box

12. (1) The Returning Officer shall, for each election— (a) keep a locked and sealed ballot-box marked with the words "Australian Wine and Brandy Corporation Ballot-Box—Ballot-papers received from voters" and such additional words as are, in his opinion, necessary to indicate the election for which the ballot-box is to be used; and

(b) place and keep in the ballot-box until the scrutiny, all envelopes purporting to contain ballot-papers relating to the election received by him not later than noon on the day fixed for the close of the poll.

(2) The Returning Officer may refuse to accept delivery of an article, being an envelope or packet purporting to contain a ballot-paper, if an amount in respect of the postage or carriage of the article is payable on its delivery otherwise than in accordance with an arrangement made by the Returning Officer.

Scrutiny

13. (1) A ballot-paper received by the Returning Officer after noon on the day fixed for the close of the poll shall not be admitted to the scrutiny.

(2) A candidate may, by notice in writing signed by him, or by telegram, addressed to the Returning Officer and setting out the name and address of the scrutineer, appoint one scrutineer to represent him at the scrutiny.

(3) The Returning Officer shall, as soon as practicable after noon on the day fixed for the close of the poll—

(a) open the ballot-box and take out all the envelopes contained in it;

(b) without opening the envelopes, examine each envelope and—

(i) if the declaration is duly signed and attested in accordance with sub-regulation 11 (9) and the commercial producer referred to in the declaration is not the commercial producer referred to in the declaration on an envelope previously accepted for further scrutiny at the poll—accept it for further scrutiny; or

(ii) in any other case—reject any ballot-paper in the envelope;

(c) place the envelopes purporting to contain ballot-papers rejected under paragraph (b) in a parcel, seal the parcel and endorse on it the words "Australian Wine and Brandy Corporation Election—Ballot-papers rejected at the preliminary scrutiny" and add such additional words as are, in his opinion, necessary to indicate the poll to which the parcel relates, his signature and the date;

(d) place the envelopes accepted for further scrutiny on a table before him with the declaration on each envelope facing downwards, and then, without further examining the declaration or permitting any other person to do so, withdraw from each envelope accepted for further scrutiny the ballot-paper contained in it and, without unfolding or inspecting the ballot-paper or permitting any other person to do so, forthwith place the ballot-paper in a locked and sealed ballot box provided for the purpose of holding ballot-papers relating to that poll; and

(e) place the envelopes from which ballot-papers have been withdrawn in a parcel, seal the parcel and endorse on it the words "Australian Wine and Brandy Corporation Election—Envelopes from which ballot-papers

have been withdrawn" and add such additional words as are, in his opinion, necessary to indicate the poll to which the parcel relates, his signature and the date.

Counting of votes

14. (1) For the purpose of counting the votes at a poll, the Returning Officer shall open the ballot-box referred to in paragraph 13 (3) (d) and conduct a further scrutiny of the ballot-papers contained in the box in accordance with this regulation.

(2) The Returning Officer shall, in the presence of persons approved by him and of such scrutineers (if any) appointed under sub-regulation 13 (2) as attend the scrutiny, count the first preference votes given for each candidate on such of the ballot-papers as are not rejected as informal.

(3) A single vacancy or the first of 2 or 3 vacancies shall be filled in the following manner:

(a) the candidate who has received the greatest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected; and

(b) if no candidate has received an absolute majority of first preference votes, the Returning Officer shall proceed with the scrutiny and the counting of the votes as follows:

(i) the candidate who has received the least number of first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the continuing candidate next in order of the voter's preference;

(ii) if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the least number of votes, and counting each of his ballot-papers to the continuing candidate next in order of the voter's preference, shall be repeated until one candidate has received an absolute majority of votes; and

(iii) the candidate who has received an absolute majority of votes shall be elected.

(4) The second of 2 or 3 vacancies shall be filled in the following manner:

(a) any candidate who is a resident of the same State as the candidate elected under sub-regulation (3) shall be excluded;

(b) the Returning Officer shall then re-arrange all the ballot-papers under the names of the respective candidates (other than the elected candidate and any candidate excluded under paragraph (a)) in accordance with the first preferences indicated on them, except that each ballot-paper on which a first preference for the elected candidate or for a candidate so excluded is indicated shall be placed in the parcel of the candidate

next in order of the voter's preference who is not such an excluded candidate, and the Returning Officer shall then count the ballot-papers in each parcel;

(c) if a candidate then has an absolute majority of votes, he shall be elected, but if no candidate then has an absolute majority of votes, the scrutiny shall proceed as provided in sub-paragraphs (3) (b) (i) and (ii) until one candidate has received an absolute majority of votes, except that, in the application of those sub-paragraphs, any reference to first preference votes shall be read as a reference to the votes counted to a candidate under this sub-regulation; and

(d) the candidate who has received an absolute majority of votes shall be elected.

(5) The third of 3 vacancies shall be filled in the following manner:

(a) any candidate who is a resident of the same State as the candidate elected under sub-regulation (3) or the candidate elected under sub-regulation (4) shall be excluded;

(b) the Returning Officer shall then re-arrange all the ballot-papers under the names of the respective candidates (other than the elected candidates and any candidate excluded under paragraph (4) (a) or under paragraph (a) ) in accordance with the first preferences indicated on them, except that each ballot-paper on which a first preference for an elected candidate or for a candidate so excluded is indicated shall be placed in the parcel of the candidate next in order of the voter's preference who is not such an excluded candidate and the Returning Officer shall then count the ballot-papers in each parcel;

(c) if a candidate then has an absolute majority of votes, he shall be elected, but if no candidate then has an absolute majority of votes, the scrutiny shall proceed as provided in sub-paragraphs (3) (b) (i) and (ii) until one candidate has received an absolute majority of votes, except that, in the application of those sub-paragraphs, any reference to first preference votes shall be read as a reference to the votes counted to a candidate under this sub-regulation; and

(d) the candidate who has received an absolute majority of votes shall be elected.

(6) If, on any count, 2 or more candidates have an equal number of votes, and one of them has to be excluded, the one who had the least number of votes in the previous count, or if the votes of those candidates were also equal on that occasion, in the count before that, and so on, shall be excluded, but, if those candidates had an equal number of votes in all previous counts, the Returning Officer shall determine by lot which shall be excluded.

(7) If, on a final count, 2 candidates have an equal number of votes, the one who had the greater number of votes in the previous count, or if the votes of those candidates were also equal on that occasion, in the count before that,

and so on, shall be elected, but, if those candidates had an equal number of votes in all previous counts, the Returning Officer shall determine by lot which shall be elected.

(8) In this regulation—

"absolute majority of votes" means a number of votes greater than one-half of the total number of ballot-papers other than informal ballot-papers;

"continuing candidate" means a candidate not already elected or excluded from the count.

Publication of result of poll

15. (1) The Returning Officer shall publish in the Gazette notice of the result of a poll held for the purposes of an election.

(2) A notice under sub-regulation (1) shall specify the name and address of each candidate elected at the poll.

Recount of votes

16. (1) At any time before notice of the result of a poll is published in the Gazette—

(a) a candidate for election at the poll may (by notice in writing specifying reasons for the request) request the Returning Officer to conduct a recount of the ballot-papers; and

(b) the Returning Officer may, of his own motion, conduct a recount of the ballot-papers.

(2) Where the Returning Officer, upon a request under paragraph (1) (a) being made to him by a candidate, refuses to conduct a recount of the ballot-papers, the candidate may, by notice in writing, appeal to the Chief Electoral Officer against the refusal and the Chief Electoral Officer may, as he thinks fit, either direct the Returning Officer to conduct a recount of the ballot-papers or refuse to direct a recount.

(3) The Returning Officer, in conducting a recount, has the same powers as if the recount were the scrutiny, and may reverse any decision in relation to the scrutiny as to the allowance and admission or disallowance and rejection of a ballot-paper.

Informal ballot-papers

17. A ballot-paper is informal—

(a) if it is not initialled by the Returning Officer;

(b) if it has no vote marked on it;

(c) if it is so imperfectly marked that the intention of the voter is not clear;

(d) if it is not marked in accordance with the directions on the ballot-paper; or

(e) if it has upon it any mark or writing by which the voter can be identified.

Ballot-papers to be placed in parcels

18. The Returning Officer shall, in respect of a poll, place in separate parcels ballot-papers rejected as informal and ballot-papers allowed or admitted and shall endorse on each parcel a description of its contents, add his signature and the date, and shall retain the parcels until authority is given, in accordance with regulation 19, for the destruction of their contents.

Destruction of papers

19. At the expiration of 6 months from the date of publication of the result of a poll, the Chief Electoral Officer may authorize the ballot-papers and the voters' declarations relating to the poll to be destroyed.

Intruders

20. A person shall not, except in accordance with these Regulations—

(a) wilfully intrude into a room in which an examination of voting papers is being conducted; or

(b) refuse or fail to leave the room when requested to do so by the Returning Officer.

Penalty: $200.

Disputed poll

21. (1) A candidate, or a voter, at a poll may, by petition addressed to the Minister, dispute the validity of—

(a) the poll; or

(b) the result, or the notice of the result, of the poll.

(2) A petition under sub-regulation (1) in respect of a poll shall—

(a) set out the facts relied on to invalidate the poll or the result, or the notice of the result, of the poll, as the case may be;

(b) specify the relief sought;

(c) be signed by the petitioner;

(d) be attested by 2 witnesses whose occupations and addresses shall be stated; and

(e) within 30 days after the publication in the Gazette of the notice of the result of the poll, be furnished to the Minister by delivering it at an office of the Department of Primary Industry.

(3) Where a petition is furnished to the Minister under sub-regulation (2), the petitioner shall, as soon as practicable after the petition is so furnished, cause a copy of the petition to be delivered to each candidate who was returned as elected at the poll.

Inquiry

22. (1) Where a petition is furnished to the Minister under sub-regulation 21 (2), the Minister shall appoint a person who is or has been—

(a) a Judge of a court created by the Parliament or of the Supreme Court of a State; or

(b) a barrister or solicitor of the High Court, or of the Supreme Court of a State or of a Territory, of not less than 5 years' standing,

to hold an inquiry into the matters alleged in the petition and report his findings to the Minister.

(2) The Minister shall, upon appointing a person to hold an inquiry in relation to a petition, forward the petition to the person so appointed.

(3) A person holding an inquiry in relation to a petition shall inquire first whether or not the petition is duly signed and attested and, if it is duly signed and attested, then into the matters alleged in the petition without regard to legal forms or technicalities.

(4) In holding an inquiry under this regulation in relation to a petition, the person holding the inquiry—

(a) is not bound by the laws of evidence;

(b) may, for the purpose of the inquiry, inquire into the identity of persons and whether their votes were improperly admitted or rejected;

(c) shall give notice of the time fixed by him for holding the inquiry to the petitioner, to each candidate who was returned as elected at the poll, to the Returning Officer and to such other persons (if any) as he thinks fit;

(d) may give such other notices in relation to the inquiry, whether to persons generally or to particular persons, as he thinks necessary;

(e) shall afford the petitioner, each candidate returned as elected at the poll and the Returning Officer reasonable opportunities to present evidence and make submissions at the inquiry; and

(f) may authorize other persons who apply to him for permission to do so and satisfy him that they have reasonable grounds for seeking to do so, to appear at the inquiry and to present evidence and make submissions.

(5) Subject to this regulation, the procedure to be followed in holding an inquiry in relation to a petition shall be as directed by the person holding the inquiry.

(6) A person entitled to appear at an inquiry may be represented by counsel or a solicitor or, by leave of the person holding the inquiry, by some other person.

Report

23. Upon the completion of an inquiry, the person holding the inquiry shall report his findings to the Minister and recommend whether, having regard to his findings and to the provisions of these Regulations, in his opinion—

(a) a candidate who was returned as elected at the poll should be declared not to have been duly elected;

(b) a candidate who was not returned as elected at the poll should be declared to have been duly elected;

(c) the poll should be declared to be void; or

(d) the petition should be dismissed or upheld in whole or in part.

Declaration by Minister

24. (1) Upon receiving the report and recommendation of the person holding an inquiry in relation to a petition, the Minister shall, by notice published in the Gazette—

(a) declare that a candidate who was returned as elected at the poll was not duly elected;

(b) declare as duly elected a candidate who was not returned as elected at the poll;

(c) declare that the poll is void; or

(d) declare that the election of a candidate who was returned as elected at the poll is confirmed,

as the case requires.

(2) The Minister shall not make a declaration of a kind referred to in sub-regulation (1) unless the declaration is in accordance with the recommendation of the person who held the inquiry.

(3) Subject to sub-section 13 (4) of the Act, where a candidate who was returned as elected at the poll is declared by the Minister not to have been duly elected, he ceases to be a member.

(4) Subject to sub-section 13 (4) of the Act, where a candidate who was not returned as elected at the poll is declared by the Minister to have been duly elected, he becomes a member and shall hold office until the expiration of the period for which he would have been entitled to hold office had he been elected at the poll.

(5) Where a poll is declared by the Minister to be void, a new poll shall be taken.

Irregularities in poll

25. A poll shall not be taken to be void, and a candidate who was returned as elected at a poll shall not be taken not to have been duly elected—

(a) by reason of—

(i) a delay in taking votes or giving or publishing a notice; or

(ii) the absence, error or omission of an officer,

if the delay, absence, error or omission did not affect the result of the poll;

(b) by reason of a deficiency or irregularity in, or in connection with, the appointment of the Returning Officer;

(c) because of an error or defect in form in a statement, notice, instrument or publication made under these Regulations, or purporting to have been so made;

(d) because any act or thing in connection with the poll was not performed or done at or within the prescribed time;

(e) on the ground of—

(i) any illegal practice committed by a person other than a candidate and without the knowledge or authority of a candidate; or

(ii) any illegal practice other than bribery or corruption or attempted bribery or corruption,

unless the result of the poll was likely to be affected and it is just that the candidate returned as elected should be declared not to have been duly elected or that the poll should be declared void;

(f) on the ground that a voter was not permitted to vote at the poll unless the voter—

(i) claimed to vote at the poll in accordance with these Regulations; and

(ii) complied with the requirements of these Regulations relating to voting in so far as he was permitted to do so; or

(g) for any error or omission in the roll for the poll.

Protection

26. (1) A person holding an inquiry in relation to a petition has, in the exercise of his powers or the performance of his duties, the same protection and immunity as a Justice of the High Court.

(2) A person appearing as a witness before a person holding an inquiry in relation to a petition has the same protection as a witness in proceedings in the High Court.

(3) A barrister, solicitor or other person appearing before a person holding an inquiry in relation to a petition has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

Documents to be made available

27. (1) The Returning Officer shall, upon request by the person holding an inquiry in relation to a petition concerning a poll, furnish to that person the parcels of ballot-papers and envelopes referred to in regulations 13 and 18 and the roll used by him in connection with the poll.

(2) The person holding an inquiry may grant to another person leave to inspect and to take copies of or extracts from, the documents referred to in sub-regulation (1)—

(a) if those documents are held by the Returning Officer—in the presence of the Returning Officer or an officer authorized by him; or

(b) in any other case—in the presence of the person holding the inquiry or another person authorized by him.

(3) Upon the completion of an inquiry, the person holding the inquiry shall return to the Returning Officer any documents furnished to the person under sub-regulation (1).

False statements

28. A person shall not make a false statement in a claim for enrolment, a declaration made, or in answer to a question asked, under these Regulations, or in information supplied to the Returning Officer for the purpose of obtaining a ballot-paper.

Penalty: $500.

Voting offences

29. A person shall not—

(a) impersonate another person for the purpose of securing a ballot-paper or of voting at an election;

(b) fraudulently destroy or deface a ballot-paper; or

(c) vote more than once at an election.

Penalty: $500.

Persons to observe secrecy

30. A person shall not, directly or indirectly, except in the performance of his duties, or in the exercise of his powers or functions, under these Regulations, make a record of, or divulge or communicate to any person, any information with respect to the manner in which a voter has marked a ballot-paper, being information acquired by him, by whatever means, in the performance of his duties, or in the exercise of his powers or functions, under these Regulations.

Penalty: $500.

Person ceasing to be connected with a commercial producer

31. Where, after the nomination of a person as a candidate for election as a member, he ceases to be a person connected with a commercial producer and continues for an unbroken period of 7 days not to be such a person, he ceases, upon the expiration of that period, to be eligible—

(a) to be a candidate; or

(b) if elected, to hold office as a member.

Appointments by Minister

32. Where, by reason of—

(a) an election having, in accordance with regulation 10, wholly or partly failed; or

(b) a person having, in accordance with regulation 31, ceased to be eligible to hold office as a member,

a vacancy exists, or will exist, in the office of a member referred to in paragraph 13(1) (b), (c) or (d) of the Act, the Minister may appoint to that office a person who is connected with a commercial producer and that person shall be deemed, for the purposes of these Regulations, to have been elected to that office but shall not hold office until the vacancy occurs.

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THE SCHEDULE

FORM 1 Regulation 6

COMMONWEALTH OF AUSTRALIA

Australian Wine and Brandy Corporation (Election of Members) Regulations

CLAIM FOR ENROLMENT

To the Returning Officer

Application is hereby made by (full, name and address of commercial producer), being a commercial producer included in Class (number of class), to be placed on the roll of commercial producers included in that class.

Signed by [or on behalf of] the above-named commercial producer on (date) in the presence of: (Signature of commercial producer, or where the commercial producer is a firm or a body corporate, signature and designation of authorized person)

(Signature and address of witness)

——————

FORM 2Regulation7

COMMONWEALTH OF AUSTRALIA

Australian Wine and Brandy Corporation (Election of Members) Regulations

APPOINTMENT OF PERSON TO VOTE

To the Returning Officer

(Full name and address of commercial producer), being a commercial producer included in Class (number of class), hereby appoints (full name and address of appointee), a specimen of whose signature appears below, to cast a vote on behalf of the above-named commercial producer at the forthcoming election to elect a member or members to represent commercial producers included in that class.

Signed on behalf of the above named commercial producer on (date) in the presence of: (Signature and designation of authorized person)

(Signature and address of witness)

Signature of appointee:

——————

THE SCHEDULE—continued

FORM 3 Regulation 9

COMMONWEALTH OF AUSTRALIA

Australian Wine and Brandy Corporation (Election of Members) Regulations

NOMINATION FOR ELECTION OF MEMBER

To the Returning Officer

(Full name and address of commercial producer) and (full name and address of commercial producer), being commercial producers included in Class (number of class), hereby nominate the following person for election as a member to represent commercial producers included in that class.

Full name of person nominated:

Place and State of residence of person nominated:

Signed by [or on behalf of]

(name of first-named commercial

producer) on (date) in the presence of:

(Signature of nominator or, where appropriate, person appointed by nominator under sub-regulation 7 (1)

(Signature and address of witness)

Signed by [or on behalf of]

(name of second-named commercial

producer) on (date) in the presence of:

(Signature of nominator or, where appropriate, person appointed by nominator under sub-regulation 7 (1))

(Signature and address of witness)

——————

FORM 4Regulation 9

COMMONWEALTH OF AUSTRALIA

Australian Wine and Brandy Corporation (Election of Members) Regulations

CONSENT AND DECLARATION OF PERSON NOMINATED

I, (full name and place and State of residence), a person nominated for election as a. member to represent commercial producers included in Class (number of class), consent to my nomination and declare that I am qualified under the above-mentioned Regulations to be nominated for election as such a member at the forthcoming election.

Signed by the above-named person on (date) in the presence of: (Signature of person nominated)

(Signature and address of witness)

——————

FORM 5Regulation 11

COMMONWEALTH OF AUSTRALIA

Australian Wine and Brandy Corporation (Election of Members) Regulations

DECLARATION BY VOTER

I, (full name and address), declare that—

I am the person entitled to cast the vote of (full name and address of commercial producer) at the poll closing on (date) for the election of member(s) to represent commercial producers included in Class (number of class).

Signed by the above-named voter on (date) in the presence of: (Signature of voter)

(Signature and address of witness)

——————

THE SCHEDULE— continued

FORM 6Regulation 11

COMMONWEALTH OF AUSTRALIA

Initials of Returning Officer

Australian Wine and Brandy Corporation (Election of Members) Regulations

BALLOT-PAPER

ELECTION OF MEMBER(S) TO REPRESENT COMMERCIAL

PRODUCERS INCLUDED IN CLASS (number of class)

(POLL CLOSING ON (date))

DIRECTIONS TO VOTER

Mark your vote on this paper by placing the numbers 1, 2, 3, 4 (and so on, according to the number of candidates) in the squares respectively opposite the names of the candidates so as to indicate the order of your preference for them.

CANDIDATES

□................................................................

□................................................................

□................................................................

□................................................................

FURTHER DIRECTIONS TO VOTER

After marking your vote, fold the ballot-paper and place it in the envelope bearing your declaration seal the envelope and send it, by post or otherwise, to the Returning Officer.

NOTE

1. Notified in the Commonwealth of Australia Gazette