Dried Fruits (Poll) Regulations (Cth)

STATUTORY RULES.

1934. No. 22.

_______

REGULATIONS UNDER THE DRIED FRUITS ACT 1928-1933.

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 Dried Fruits Act 1928-1933.

Dated this fifteenth day of February, 1934.

ISAAC A. ISAACS

Governor-General,

By His Excellency’s Command,

FRED H. STEWART

Minister of State for Commerce.

_________

Dried Fruits (Poll) Regulations.

Short title

1.These Regulations may be cited as the Dried Fruits (Poll) Regulations.

Definition

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

“Deputy Returning Officer means a Deputy Returning Officer appointed in pursuance of regulation 4 of these Regulations;

“grower” means a person who, during the twelve months ended on the thirtieth day of June, 1933, produced from fruit grown by him not less than ten hundredweight of any one or more of the following kinds of dried fruits, namely, prunes, apricots, peaches, pears or nectarines;

“officer” means an officer of the Department of Commerce;

“Returning Officer,” means the Returning Officer appointed in in pursuance of regulation 3 of these Regulations;

“the High Court” means the High Court of Australia and includes any Justice thereof;

“the Minister means the Minister of State for Commerce;

“the poll” means the poll of growers to be taken in pursuance of these Regulations;

“the roll” means the roll of growers prepared in pursuance of regulation 5 of these Regulations;

“voter” means a grower whose name has been placed onthe roll.”

(2.) In these Regulations any reference to a Form shall be read as a reference to a Form in the Schedule to these Regulations:

Poll to be taken and appointment of Returning Officer.

3.—(1.) For the purposes of section three of the Dried Fruits Act 1933 a poll of growers shall be taken in accordance with these Regulations.

211—Price 8d.

(2.) The Minister shall appoint an officer to be the Returning Officer for the purpose of taking the poll and the Returning Officer shall make all necessary arrangements for the conduct of the poll.

Appointment of Deputy Returning Officers.

4. The Minister may appoint Deputy Returning Officers who shall act under the direction of the Returning Officer.

Roll of voters to be prepared.

5. The Returning Officer shall prepare, or cause to be prepared, a roll of growers entitled to vote at the poll.

Claim for enrolment.

6.—(1.) A grower shall not be entitled to have his name placed on the roll unless he lodges with the Returning Officer, on, or before the date, or later date (if, any), fixed in pursuance of this regulation, a claim for enrolment in accordance with Form A, completed and attested in accordance with the directions on the claim for enrolment.

(2.) The Minister shall fix a date on or before which claims for enrolment shall be lodged with the Returning Officer, 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 fix a later date, on or before which claims for enrolment shall be lodged with the Returning Officer, and that later date shall be substituted for the date originally fixed.

(3.) The Minister shall notify in the Gazette—

(a) the address at which claims for enrolment are to be lodged;

(b) the date and the later date (if any) fixed in pursuance of the last preceding sub-regulation.

Roll to by used at poll.

7. The roll shall be certified by the Returning Officer or a Deputy Returning Officer, by writing under his hand, to be correct, and shall thereupon be conclusive evidence of the right of the persons named therein to vote at the poll.

Persons entitled to vote.

8—(1.) A person shall not be entitled to vote at the poll unless his name appears on the roll.

(2.) Each voter shall be entitled to one vote only.

9. The poll shall be taken by post.

Voting to be by post. Date of close of poll.

10.—(1.) The Minister shall fix a date at Four o’clock, in the afternoon on which the poll shall close, 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 fix a later date at Four o’clock in the afternoon on which the poll shall close, and that later date shall be substituted for the date originally fixed.

(2.) The Minister shall give notice in the Gazette, of the date, and of the later date (if any), fixed in pursuance of the last preceding sub-regulation.

Voting papers and declarations.

11. As soon as practicable after the date for the close of the poll has been notified in the Gazette, the Returning Officer, or a Deputy Returning Officer, shall initial, and transmit by post to each voter, at the postal address of the voter set out in his claim for enrolment, a voting paper, in accordance with Form B, together with an envelope addressed to the Returning Officer or a Deputy Returning Officer, and having printed thereon a form of declaration in accordance with Form C.

Envelopes to be endorsed.

12. The Returning Officer or Deputy Returning Officer shall, endorse the envelopes, containing the voting papers posted by him to the voters with the words “Dried Fruits Poll Ballot Papers”.

Particulars to be inserted in voting papers declarations.

13. Before posting the voting papers and envelopes bearing the voters forms of declaration, the Returning Officer or Deputy Returning Officer shall insert, in each voting paper, in the spaceprovided for the purpose, the date upon which the poll will close and shall initial the voting paper in the space provided for the purpose, and in the form of declaration on each envelope he shall insert—

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

(b) the place of residence or place of business of the voter; and

(c) the date upon which the poll will close.

Voter to make declaration.

14.The voter shall complete and sign in his own handwriting the declaration on the envelope, in the presence of an authorized witness, who shall sign his name in his own handwriting in the place provided for the purpose, and add the title under which he acts as an authorized witness and the date.

Authorized witnesses.

15.The following persons shall be authorized witnesses for the purposes of these Regulations:—

The Returning Officer and all Deputy Returning Officers; all Managers, directors or Proprietors of dried fruit packing establishments; all persons entitled to vote at the poll, all Ministers of Religion; all Postmasters and Postmistresses and Postal Officials in charge of Post Offices; all Magistrates and Justices of the Peace; all Teachers in charge of a School; all Members of the Police Force; all Legally Qualified Medical Practitioners; and all Railway Stationmasters.

Manner of voting.

16. Each voter shall record his vote in accordance with the directions printed on the voting paper.

Voting papers not received, or lost or destroyed.

17. If a voter makes and transmits to the Returning Officer or Deputy Returning Officer a statement in writing setting out his full name and address and that he has not received a voting paper or envelope, or that the voting paper or envelope received by him has been lost or destroyed, and that he has not already voted at the poll, the Returning Officer or Deputy Returning Officer may post to the voter a voting paper and envelope, or a further voting paper and envelope, as the case may be.

Voting papers to be kept in ballot box until scrutiny.

18.The Returning Officer shall keep a locked and sealed ballot-box with the words “Dried Fruits Poll Ballot-box—Voting papers received from Voters” marked thereon, and shall place and keep therein until the scrutiny all envelopes containing voting papers received by him before the time fixed for the close of the poll.

Voting papers received after close of poll.

19.No voting paper received by the Returning Officer after Four o’clock in the afternoon of the day fixed for the close of the poll shall be admitted to the scrutiny.

211.—2

Appointment of scrutineers

20. The Minister may appoint, from persons nominated by associations of growers, not more than four scrutineers to represent the voters at the scrutiny or the further scrutiny.

Scrutiny of votes and declaration.

21. The Returning Officer, or such Deputy Returning Officers as are directed in that behalf by the Returning Officer, shall, at Four o’clock on the afternoon of the day fixed for the close of the poll—

(a) open the ballot-box and produce unopened all envelopes containing voting papers contained therein;

(b) examine each envelope, and, if the declaration is in the opinion of the Returning Officer or Deputy Returning Officer, signed by the voter and is duly attested, accept the vote for further scrutiny, but if any declaration is not so signed or attested he shall disallow the voting paper without opening the envelope;

(c) place the envelope containing the disallowed voting-papers in a parcel, seal the parcel, endorse it “Dried Fruits Poll—Votes rejected at Preliminary Scrutiny”, and add his signature and the date;

(d)initial, and number consecutively, on the address side of each envelope, the envelopes containing voting papers accepted for further scrutiny and place them on a table before him with the address side of each envelope uppermost;

(e) withdraw from each envelope the voting paper contained therein and, without unfolding it, or inspecting the vote, or permitting any other person to do so, place thereon a number corresponding with that placed on the envelope from which it was withdrawn, initial the number, and forthwith deposit it in a locked and sealed ballot-box for further scrutiny; and

(f) place the envelope in a parcel, seal, the parcel endorse it “Dried Fruits Poll—Envelopes from which voting papers have been withdrawn”, and add his signature and the date.

Counting of votes.

22. A further scrutiny shall be conducted at which the Returning Officer or Deputy Returning Officer shall open the ballot-box referred to in paragraph (e) of the last preceding regulation, examine and count the votes contained on the voting papers therein, and make out and sign a statement, containing the number (in words and in figures) of votes—

(a) in favour of the continuance of section two of the Dried Fruits Act 1933;

(b) not in favour of the continuance of section two of the Dried Fruits Act 1933; and

(c) rejected as informal.

Informal voting papers.

23. A voting paper shall be informal and rejected as such if—

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

(b) it has no vote marked on it;

(c)it has more than one vote marked on it; or

(d)it is so imperfectly or incompletely marked that the intention of the voter is uncertain.

Result of poll to be published in Gazette.

24.—(1.) The Returning Officer shall make out a statement showing, as regards the whole Commonwealth, the number of votes—

(a)in favour of the continuance of section two of the Dried Fruits Act 1933;

(b)not in favour of the continuance of section two of the Dried Fruits Act 1933; and

(c) rejected as informal

and shall transmit the statement to the Minister, who shall cause notice of the result of the poll to be published in the Gazette.

(2.) The notice published in the Gazette shall, subject to these Regulations, be conclusive evidence of the result of the poll.

Voting papers to be placed in parcels.

25.When the further scrutiny referred to in regulation 22 of these Regulations is complete, the Returning Officer or Deputy Returning Officer, as the case may be, shall—

(a)place in a separate parcel all the voting papers which have been rejected as informal, together with the envelope from which they were withdrawn; and

(b) place in a separate parcel all the un-rejected voting papers, together with the envelopes from which they were withdrawn and the copy of the roll used for the poll,

and shall endorse on each parcel a description of the contents thereof, add his signature and the date, and retain the parcels until the authority of the Minister has been obtained for the destruction of the contents thereof.

Destruction of papers.

26. At the expiration of six months from the date of publication of the result of the poll, if no petition disputing the validity of the poll has been filed, the Minister shall cause the voting papers and the voters’ declarations to be destroyed. If any such petition has been filed, the Minister shall cause the voting papers and voters’ declarations to be destroyed at the expiration of three months after the petition has been finally determined.

Intruders.

27. Every person, not being authorized in pursuance to these Regulations to be present at the scrutiny or further scrutiny, who—

(a)willfully intrudes into the room in which the scrutiny or further scrutiny is being conducted; or

(b)refuses or fails to leave the room, when so requested by the Returning Officer or a Deputy Returning Officer, shall be guilty of an offence.

Penalty: Fifty pounde.

Disputing validity of poll or statement.

28. The validity of the poll, or of any statement or notice showing the voting at, or the result of, the poll, may be disputed by any grower by petition addressed to the High Court in the prescribed manner and not otherwise.

Requisites of petition.

29. The petition disputing the poll, statement or notice shall—

(a)set out the facts relied on to invalidate the poll, statement or notice;

(b) contain a prayer asking for the relief to which the petitioner claims to be entitled;

(c) be signed by the petitioner;

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

(e) be filed in the Principal Registry of the High Court, or in the District Registry of that Court in the capital city of the Statein which the petitioner resides, within forty days after the publication in the Gazette of the notice of the result of the poll.

Jurisdiction of High Court.

30.The High Court shall have jurisdiction to entertain and hear and determine any petition which complies with the requirements of these Regulations.

Security for courts

31.At the time of filing the petition, the petitioner shall deposit with the Principal Registrar or District Registrar, as the case may be, of the High Court the sum of Ten pounds as security for costs.

Notice of petition.

32.The petitioner shall, within, seven days after filing the petition, notify the fact in the Gazette, and post a copy of the petition to the Secretary of the Department of Commerce.

Joinder of parties.

33. The High Court may, on the application of the Minister or of any grower, order the Minister or that grower, as the case may be, to be joined as a party petitioning or responding, as the case may be.

Procedure on petition.

34. Subject to these Regulations, the procedure in relation to a petition may be prescribed by Rules of Court, and, if not so prescribed, shall be as directed by the High Court.

Ministerial errors not to vitiate poll.

35.—(1.) The poll, or any statement or notice showing the voting at, or the result of, the poll, shall not be avoided by reason of any delay in relation to the taking of votes, or in relation to the making of any statement or notice, or by reason of the absence or error of, or omission by, any officer, if the Court is satisfied that such delay, absence, error or omission did not affect the result of the poll.

(2.) The poll shall not be avoided by reason of any defect in the title, or any want of title, of the Returning, Officer or any Deputy Returning Officer, if that person in fact acted as such at the poll, or by reason of any formal error or defect in any statement, notice, instrument or publication made under or in pursuance of these Regulations, or intended to be so made, or by reason of any act or thing not being done at or within the prescribed time.

Costs.

36. The High Court may award costs against any party to the petition.

Deposit applicable for costs.

37. If costs are awarded to any party against the petitioner, the deposit referred to in regulation 31 of these regulations shall be applicable in payment or part payment of the sum ordered, but otherwise the deposit shall be repaid to the petitioner.

Award of costs to have effect of a judgment.

38. All costs awarded by the High Court, including any balance above the deposit payable by the petitioner, shall be recoverable as if the order of the Court were a judgment of the Court and payment may be enforced accordingly.

Misfeasance.

39. Every person acting as Returning Officer or Deputy Returning Officer, who is guilty of any willful misfeasance, or willful or negligent act of commission or omission, contrary to any of the provisions of these Regulations, shall be guilty of an offence.

Penalty: Fifty pounds.

Untrue statements in declaration, &c.

40. A person shall not make any untrue statement in any declaration or claim for enrolment, or in answer to any question made under or in pursuance of these Regulations, or in any information supplied to the Returning Officer, or any Deputy Returning Officer, for the purpose of obtaining a voting paper.

Penalty: Fifty pounds.

Duty of witnesses.

41. A person shall not witness the signature of a grower to any claim for enrolment or declaration under these Regulations unless—

(a) he has satisfied himself as to the identity of the grower;

(b) he has seen the grower sign the claim for enrolment or declaration in his own handwriting; and

(c) he knows that the statements contained in the claim for enrolment or declaration are true, or has satisfied himself, by inquiry from the grower, or otherwise, that the statements contained in the claim for enrolment or declaration are true.

Penalty: Fifty pounds.

Making marks on, voting papers.

42. Except where expressly authorized by these Regulations; a person (other than the voter to whom a voting paper has been issued) shall not make any mark or writing on that voting paper.

Penalty: Twenty pounds.

Offences in connexion with polling.

43. Any person who—

(a) falsely impersonates any person to secure a voting paper to which the personator is not entitled; or

(b) personates any other person, for the purpose of voting at the poll; or

(c)fraudulently destroys or defaces any voting paper; or

(d) votes more than once at the poll,

shall be guilty of an offence.

Penalty: Fifty pounds.

_____________

THE SCHEDULE.

Form A. Regulation 6(1).

COMMONWEALTH OF AUSTRLIA.

Dried Fruits Act 1928-1933.

Dried Fruits (Poll) Regulations.

CLAIM FOR ENROLMENT.

Directions to Grower.—This claim must be completely filled in by the grower and signed by him in the presence of an elector or person qualified to be an elector, of the Commonwealth. The witness must complete the certificate

headed “Certificate by Witness”. The claim must be lodged with the Returning Officer at   on or before the day of 1934, otherwise the grower will not be entitled to vote at the poll.

Surname of grower

(block letters)

Christian names of grower

(block letters)

Full postal address

I, the abovenamed , hereby claim to have my name placed on the roll of growers to enable me to vote at the poll which is to be taken under the provisions of section 3 of the DriedFruits Act 1933 end the Dried Fruits (Poll) Regulations and I declare—

(a) that, during the twelve months ended on the thirtieth day of June, 1933, I produced, from fruit grown by me, not less than ten (10) hundredweight of any one or more of the following kinds of dried fruits, namely, prunes, apricots, poaches, pears or nectarines;

(b) that my orchard is situated at

in the State of

(c) that the statements made in this claim arc true and correct in every particular.

Dated this day of , 1934.

(Signature of grower).

__________

Certificate by Witness.*

I, the undersigned, being an elector, or person qualified to be an elector, of the Commonwealth, certify—

(a) that I have satisfied myself as to the identity of the abovenamed grower;

(b) that I saw the abovenamed grower sign the foregoing declaration in his own handwriting; and

Strike out whichever is inapplicable.

(c)that I know the statements contained in the foregoing declaration to be true;

that I have satisfied myself, by inquiry from the abovenamed grower, or otherwise, that the statements contained in the foregoing declaration are true.

Dated this day of 1934.

(Signatures of witness)

(Occupation)

(Place of residence)

*Regulation 41 of the Dried Fruits (Poll) Regulations reads as follows:—

“41. A person shall not witness the signature of a grower to any claim for enrolment or declaration under these Regulations unless—

(a)he has satisfied himself as to the identity of the grower;

(b) he has seen the grower sign the claim for enrolment or declaration in his own handwritings and

(c) he knows that the statements contained in the claim for enrolment or declaration are true, or has satisfied himself, by inquiry from the grower, or otherwise, that the statements contained in the claim for enrolment or declaration are true.

Penalty: Fifty pounds”.

Form B. Regulation 11.

Commonwealth of Australia.

Dried Fruits Act 1928-1933.

Dried Fruits (Poll) Regulations.

VOTING PAPER.

Deputy Returning Officer’s Initial

DIRECTIONS TO VOTER:

The voter should indicate his vote as follows:—

If he is in favour of the continuance of section two of the Dried Fruits Act 1933, he should make a cross in the square opposite the word “YES”.

If he is NOT in favour of the continuance of section two of the Dried Fruits Act 1933, he should make a cross in the square opposite this word “NO”.

Question.—Arc you in favour of the continuances of section two of the DriedFruits Act 1933?

YES

NO

Further Directions to Voter:

After making his vote the voter should fold the voting paper and place it in the envelope bearing his declaration (duly signed and witnessed), securely fasten the envelope, and forthwith send the envelope to the Returning Officer or Deputy Returning Officer to whom the envelope is addressed.

Note.—Unless the vote is marked on this voting paper and is received by the Returning Officer before 4 o’clock in the afternoon of the day fixed for the close of the poll (namely the day of 1934), it will not be admitted to the scrutiny.

___________

Form C. Regulation 11.

Commonwealth of Australia.

Dried Fruits Act 1928-1933.

Dried Fruits (Poll) Regulations.

DECLARATION TO BE MADE BY VOTER.

I,  of

do hereby declare:—

(a)that during the twelve months ended on the thirtieth day of June, 1933, I produced, from fruit grown by me, not less than ten (10) hundredweight of any one or more of the following kinds of dried fruits, namely, prunes, apricots, peaches, pears or nectarines;

(b) that I am entitled to vote at the poll (which closes on the day of  1934) now being taken under the provisions of section three of the Dried Fruits Act 1933 and this Dried Fruits (Poll) Regulations; and

(c)that I have not previously voted at the said poll.

(1) Voter to sign here.

(2) Authorized witness to sign here and insert address and title under which he acts as authorized witness.

Declared at   in the State of  this

(1)

day of 1934,

Before me—

(2)

 

Authorized Witnesses.

The following persons are Authorized Witnesses namely:—The Returning Officer and all Deputy Returning Officers appointed in connexion with this poll; all Managers, Directors and Proprietors of dried fruit packing establishments; All Persons Entitled to Vote At this poll all Ministers of Religion; all Postmasters and Postmistresses and Postal Officials in charge ofPost Offices; all Magistrates and Justices of the Peace; all Teachers in charge of a School; all members of the Police Force; all Legally Qualified Medical Practitioners; and all Railway Stationmasters.

Regulation 41 of the Dried Fruits (Poll) Regulations reads as follows:—

“41. A person shall not witness the signature of a grower to any claim for enrolment or declaration under these (Regulations unless—

(a) he has satisfied himself as to the identity of the grower;

(b) he has seen the grower sign the claim for enrolment or declaration in his own handwriting; and

(c) he knows that the statements contained in the claim for enrolment or declaration are true, or has satisfied himself, by inquiry from the grower, or otherwise, that the statements contained in the claim for enrolment or declaration are true.

Penalty: Fifty pounds”.

________________

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.