Dairying Industry Equalization Legislation Referendum Regulations (Cth)

STATUTORY RULES

1970 No.

 

REGULATIONS UNDER THE DAIRYING INDUSTRY EQUALIZATION LEGISLATION REFERENDUM ACT 1970.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dairying Industry Equalization Legislation Referendum Act 1970.

Dated this nineteenth day of November, 1970.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Minister of State for Primary Industry.

 

DAIRYING INDUSTRY EQUALIZATION LEGISLATION REFERENDUM REGULATIONS

Citation.

1. These Regulations may be cited as the Dairying Industry Equalization Legislation Referendum Regulations.

Interpretation.

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

“the Act” means the Dairying Industry Equalization Legislation Referendum Act 1970;

“the Council” means the organization known as the Australian Dairy Industry Council;

“the equalization legislation” means the Acts referred to in the question set out in sub-section (I.) of section 6 of the Act;

“the 1971 Referendum” means the referendum referred to in the direction under section 6 of the Act dated the twenty-second day of July, 1970;

“the Secretary” means the Secretary to the Department of Primary Industry;

“voter” means a person who is entitled to vote at the 1971 Referendum, and includes a person who has been authorized, under regulation 6 of these Regulations, to cast a vote in a representative capacity at that referendum.

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

Arguments in connexion with the 1971 Referendum.

3.—(1.) The date prescribed for the purposes of section 7 of the Act in relation to the 1971 Referendum is the tenth day of December, 1970.

(2.) For the purposes of paragraph (a) of section 7 of the Act, an argument in favour of an affirmative answer to the question shall be taken to be authorized as prescribed if it is prepared on the authority of the Council.

 

* Notified in the Commonwealth Gazette on 1970.

23324/70—Price 10c 10/11.11.1970

 

(3.) For the purposes of paragraph (b) of section 7 of the Act, an argument in favour of a negative answer to the question shall be taken to be authorized as prescribed if it is prepared on the authority of the Secretary.

Form or application for enrolment.

4. An application for enrolment under section 11 of the Act shall be in accordance with Form 1 and shall be transmitted by post or delivered to the Deputy Returning Officer for the State in which the applicant is, or is deemed to be, for the purposes of the Act, ordinarily resident.

Ballot-papers.

5.—(1.) The prescribed form for the purposes of sub-section (1.) of section 14 of the Act is Form 2.

(2.) No ballot-paper shall be transmitted or delivered to a voter without being first initialled by the Deputy Returning Officer.

(3.) A count shall be kept of all initialled ballot-papers.

Manner of enrolling or voting in certain cases.

6.—(1.) The making of an application for enrolment, or the casting of a vote, on behalf of a corporation shall be done by a person authorized in that behalf by the corporation.

(2.) The making of an application for enrolment, or the casting of a vote, on behalf of two or more personal representatives of a deceased person, or two or more trustees, who are, for the purposes of the Act, deemed to be a separate person shall be done by that one of those personal representatives or trustees, as the case may be, who has been authorized in that behalf by them.

(3.) A person making an application for enrolment, or voting, in accordance with any of the foregoing provisions of this regulation shall, in addition to signing the form of application for enrolment or the form of declaration by a voter, as the case may be, indicate on that form the capacity in which he so signs.

Transmission of other papers with ballot-papers.

7.—(1.) Each ballot-paper transmitted by post or delivered to a person shall, in addition to being accompanied by any pamphlet prepared in accordance with section 7 of the Act, be accompanied by—

(a) an envelope having on it a form of declaration in accordance with Form 3;

(b) a memorandum authorized by the Minister summarizing the provisions of the Act and these Regulations relating to the entitlement of persons to vote and the manner in which the entitlement is to be exercised; and

(c) such other documents (if any) in connexion with the 1971 Referendum as are authorized, by instrument in writing under the hand of the Minister, to be so transmitted or delivered.

(2.) Before an envelope referred to in paragraph (a) of the last preceding sub-regulation is transmitted by post or delivered to a person under that sub-regulation there shall be entered in the declaration on the envelope the name and address of the person as set out in the appropriate roll prepared under the Act.

Replacement of lost or destroyed ballot-paper.

8. Where—

(a)a ballot-paper transmitted by post to a person enrolled on the roll for a State has not been received; or

 

(b) a ballot-paper transmitted by post or delivered to a person enrolled on the roll for a State has been lost or destroyed,

the Deputy Returning Officer for that State may, on application in writing made to him by that person, or, if another person has been authorized to act for that person under regulation 6 of those Regulations by the person so authorized, setting out the relevant facts, transmit by post or deliver to the person a further ballot-paper.

Manner of voting.

9.—(1.) A vote shall be cast by complying with the succeeding provisions of this regulation.

(2.) The voter shall complete and sign the declaration on the envelope provided with the ballot-paper in the presence of a witness (being a person who has attained the age of twenty-one years), who shall subscribe his signature and address.

(3.) The voter, having complied with the last preceding sub-regulation, shall mark the ballot-paper by writing the word “YES” in the space provided if he is in favour of the equalization legislation being brought into operation or by writing the word “NO” in the space provided if he is not in favour of the equalization legislation being brought into operation.

(4.) The voter, having marked the ballot-paper in accordance with the last preceding sub-regulation, shall—

(a) fold the ballot-paper in such a manner as to conceal the way in which he has marked the ballot-paper;

(b) place the ballot-paper so folded in the envelope provided;

(c) seal the envelope; and

(d) transmit by post or deliver the envelope to the Deputy Returning Officer to whom it is addressed.

Custody of envelopes containing ballot-papers.

10.—(1.) The Deputy Returning Officer for a State shall place and keep in a locked and scaled ballot-box marked with the words “Dairying Industry Equalization Legislation Referendum 1971—Ballot-papers received from voters”, until the scrutiny, all envelopes purporting to contain ballot-papers received by him before the close of the poll.

(2.) The Deputy Returning Officer for a State shall not admit to the scrutiny any envelopes purporting to contain ballot-papers received by him after the close of the poll but shall place those envelopes unopened in a parcel, seal the parcel and endorse on it the words “Dairying Industry Equalization Legislation Referendum 1971—Ballot-papers received after the close of the poll” and add his signature and the date.

The scrutiny.

11.—(1.) As soon as practicable after the close of the poll at the 1971 Referendum, the Deputy Returning Officer for a State shall—

(a) open the ballot-box referred to in sub-regulation (1.) of the last preceding regulation and take out the envelopes contained in it;

(b) without opening the envelopes, examine each envelope and, if the declaration appears to him to have been signed by the voter and to have been duly witnessed, accept it for further scrutiny, but, if the declaration appears to him not to have been so signed and witnessed, reject the ballot-paper that may be in the envelops;

(c) place the envelopes purporting to contain ballot-papers rejected under the last preceding paragraph in a parcel, seal the parcel and endorse on it the words “Dairying Industry Equalization Legislation Referendum 1971—Ballot-papers rejected at preliminary scrutiny” and add his signature and the date;

 

(d)place the envelopes accepted for further scrutiny on a table before him with the form of declaration facing downwards, and then, without further examining the declaration or permitting any other person to do so, withdraw from each envelope 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 ballot-box for further scrutiny;

(e) place the envelopes from which ballot-papers have been withdrawn in a parcel, seal the parcel and endorse on it the words “Dairying Industry Equalization Legislation Referendum 1971—Envelopes from which ballot-papers have been withdrawn” and add his signature and the date;

(f) open the ballot-box referred to in paragraph (d)of this regulation, take out the ballot-papers contained in it and, rejecting informal ballot-papers—

(i) count the number of votes in favour of the equalization legislation being brought into operation; and

(ii) count the number of votes not in favour of the equalization legislation being brought into operation;

(g) count the number of ballot-papers rejected as informal; and

(h) place the ballot-papers admitted as formal in a sealed and appropriately endorsed parcel and place the ballot-papers rejected as informal in another sealed and appropriately endorsed parcel.

(2.) The Deputy Returning Officer for a State shall conduct the scrutiny under the last preceding sub-regulation in the presence of—

(a) an officer of the Commonwealth Public Service; and

(b) such of the following persons as desire to be present:—

(i) the scrutineer, or one of the scrutineers, appointed by the Council under the next succeeding regulation;

(ii) the scrutineer, or one of the scrutineers, appointed by the Secretary under the next succeeding regulation,

and may also permit to be present at the scrutiny any other person or persons approved by him.

(3.) A ballot-paper is informal—

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

(b) if, in the opinion of the Deputy Returning Officer—

(i) it has no vote marked on it;

(ii) the marking on the ballot-paper is such that the intention of the voter is not clear: or

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

Appointment of scrutineers.

12.—(1.) The Council may, for the purposes of the scrutiny under the last preceding regulation, appoint a scrutineer or scrutineers in respect of each State to safeguard the interests of persons voting “Yes”.

(2.) The Secretary shall for the purposes of the scrutiny under the last preceding regulation, appoint a scrutineer or scrutineers in respect of each State to safeguard the interests of persons voting “No”.

Furnishing of particulars of the poll.

13.—(1.)Upon completion of the scrutiny under regulation 11 of these Regulations, the Deputy Returning Officer for a State shall furnish the Returning Officer with a certificate in respect of the 1971 Referendum in that State showing—

(a) the total number of ballot-papers issued;

 

(b) the total number of envelopes purporting to contain ballot-papers received by the Deputy Returning Officer before the close of the poll;

(c) the total number of envelopes purporting to contain ballot-papers rejected under paragraph (b) of sub-regulation (1.) of regulation 11 of these Regulations;

(d)the total number of votes in favour of the equalization legislation being brought into operation;

(e) the total number of votes not in favour of the equalization legislation being brought into operation; and

(f) the total number of informal ballot-papers.

(2.) Upon receipt of a certificate under the last preceding sub-regulation from each of the Deputy Returning Officers, the Returning Officer shall furnish the Minister with a certificate in respect of the 1971 Referendum showing—

(a)the total number of votes in favour of the equalization legislation being brought into operation;

(b)the total number of votes not in favour of the equalization legislation being brought into operation; and

(c) the total number of informal ballot-papers.

Publication of particulars of the poll.

14. The Minister shall cause the particulars set out in the certificate furnished by the Returning Officer to be published in the Gazette.

Preservation of ballot-papers, &c, for six months.

15.—(1.) The Deputy Returning Officer for a State shall retain the parcels referred to in regulations 10 and 11 of these Regulations until authority is given under this regulation for the destruction of the parcels.

(2.) Upon the expiration of six months after the furnishing of a certificate to the Minister under sub-regulation (2.) of regulation 13 of these Regulations the Returning Officer may authorize the destruction of the parcels.

Misfeasance.

16. Where the Returning Officer, a Deputy Returning Officer or another person performing duties in connexion with the 1971 Referendum is guilty of wilful misfeasance or of a wilful or negligent act of commission or omission contrary to the Act or these Regulations, he is guilty of an offence punishable upon conviction by a fine not exceeding One hundred dollars.

False statements.

17. A person shall not wilfully make a false statement in an application or declaration under the Act or these Regulations.

Penalty: One hundred dollars.

Duty of witness.

18. A person shall not witness the signature of another person to an application or declaration under the Act or these Regulations unless the person acting as witness—

(a) has attained the age of twenty-one years;

(b)satisfies himself as to the identity of the person making the application or declaration; and

(c) has seen that person sign the application or declaration, as the case may be, in his own handwriting.

Penalty: One hundred dollars.

 

Marks on ballot-papers.

19.—(1.) A person (other than the voter to whom a ballot-paper has been transmitted or delivered) shall not mark or write on a ballot-paper.

Penalty: One hundred dollars.

(2.) This regulation does not apply in relation to the initialling of a ballot-paper by a Deputy Returning Officer under sub-regulation (2.) of regulation 5 of these Regulations.

Offences in connexion with polling.

20. A person shall not—

(a) impersonate another person for the purpose of securing a ballot-paper or for the purpose of voting at the 1971 Referendum;

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

(c) vote more than once in the same capacity at the 1971 Referendum; or

(d) vote at the 1971 Referendum unless he is entitled so to vote.

Penalty: One hundred dollars.

Modification of forms.

21. Where it is necessary, to meet the circumstances applicable in the case of a person entitled to apply for enrolment or of a person entitled to vote, to modify or adapt the form of application for enrolment or the form of declaration by a voter, the form may be modified or adapted as the circumstances require.

 

THE SCHEDULE

Form 1

Regulation 4.

Commonwealth of Australia

Dairying Industry Equalization LegislationReferendum Act 1970

THE 1971 REFERENDUM

APPLICATION FOR ENROLMENT BY PRODUCER (NOT ALREADY ENROLLED)

[Name and address of person entitled to be enrolled]

To the Deputy Returning Officer—

I, the above-named person, hereby apply for enrolment on the Roll of producers for the State of  for the purposes of the 1971 Referendum.

2. I declare that—

(a) I have attained the age of twenty-one years;

(b) I am, for the purposes of the above-mentioned Act, ordinarily resident in the State of ;

(c) I have, since the twenty-fourth day of February, 1970, supplied milk to a butter factory, or to a cheese factory, in Australia; and

(d) I am the owner, or one of the owners, of cows that are kept wholly or partly for the purpose of the production of milk for supply to a butter factory, or to a cheese factory, in Australia.

Signature of person making application for enrolment:

Date of application:

Signature of witness:

Address of witness

 

The Schedule—continued

Form 2

Regulation 5.

Commonwealth of Australia

Dairying Industry Equalization Legislation Referendum Act 1970

THE 1971 REFERENDUM BALLOT-PAPER

directions:—Mark your vote on this ballot-paper as follows:—

If you are in favour of the legislation referred to in the question set out below being brought into operation, write the word YES in the space opposite the question.

If you are not in favour of the legislation referred to in the question set out below being brought into operation, write the word NO in the space opposite the question.

ARE YOU IN FAVOUR OF THE DAIRYING INDUSTRY EQUALIZATION ACT 1970, THE DAIRYING INDUSTRY LEVY ACT 1970 AND THE DAIRYING INDUSTRY LEVY COLLECTION ACT 1970 BEING BROUGHT INTO OPERATION?

 

Form 3

Regulation 7 (1.).

Commonwealth of Australia

Dairying Industry Equalization Legislation Referendum Act 1970

THE 1971 REFERENDUM DECLARATION BY VOTER

[Name and address of person entitled to vote]

I, the above-named person, declare that—

(a) I have attained the age of twenty-one years;

(b) I have, since the twenty-fourth day of February, 1970, supplied milk to a butter factory, or to a cheese factory, in Australia; and

(c) I am, at the time of voting the owner, or one of the owners, of cows that are kept wholly or partly for the purpose of the production of milk for supply to a butter factory, or to a cheese factory, in Australia.

Signature of voter:

Date of voting:

Signature of witness:

Address of witness;

Printed by Authority by the Government Printer of the Commonwealth of Australia