Egg Export Control (Election of Board) Regulations (Cth)

EGG EXPORT CONTROL (ELECTION OF BOARD) REGULATIONS.

Statutory Rules 1961, No. 133.(w)

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Egg Export Control (Election of Board) Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part  I.—Preliminary. (Regulations 1–5.)

Part  II.—Enrolment of Voters. (Regulations 6–8.)

Part  III.—Nominations, (Regulations 9–15.)

Part  IV.—Voting. (Regulations 16–22.)

Part  V.—Scrutiny. (Regulations 23–34.)

Part  VI.—Disputed Elections. (Regulations 35–40.)

Part  VII.—Miscellaneous. (Regulations 41–46.)

Interpretation.

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

“candidate” means a candidate nominated for election as a member of the Board;

“Deputy Returning Officer” means a Deputy Returning Officer for a State appointed under regulation 4 and “the Deputy Returning Officer”, when used in relation to an election, means the Deputy Returning Officer for the State in which the election is being held;

“election” means an election held in pursuance of sub-section (1.) of section 5 of the Act;

(w) Made under the EggExport Control Act 1947–1951 on 24th October, 1953; notified in Gazette on 1st November, 1951.

 “member” moans a member of the Board to represent producers in a State;

“poll” means a poll taken in pursuance of regulation 15;

“producer” means a company, association, society, partnership or person who or which owns five hundred or more adult female domestic fowls;

“roll” means a roll of producers prepared and maintained in pursuance of these Regulations;

“the Act” means the Egg Export Control Act 1947-1951;

“voter” means a person entitled to vote at an election.

(2.) In these Regulations, a reference to a regulation shall be read as a reference to a regulation contained in these Regulations, and a reference to a Form shall be read as a reference to a Form contained in the Schedule to these Regulations.

Returning Officer and Deputy Returning Officers.

4.—(1.) The Chief Electoral Officer for the Commonwealth is the Returning Officer for the purpose of an election and he shall give effect to the provisions of these Regulations in so far as they relate to the election.

(2.) The Returning Officer shall appoint a Deputy Returning Officer for each State.

(3.) A Deputy Returning Officer may, subject to any directions he may receive from the Returning Officer, exercise and perform all the powers and functions of the Returning Officer in respect of the State for which he is Deputy Returning Officer.

Election.

5. Subject to section 5 of the Act, an election shall be held whenever the Minister so directs by notice published in the Gazette.

Part II.—Enrolment of Voters.

Preparation of rolls.

6.—(1.) The Deputy Returning Officer for a State shall prepare and maintain, or cause to be prepared and maintained, a roll of producers in that State.

(2.) The name of a producer shall not be placed on the roll for a State unless—

(a)the producer, being a person, has completed a claim for enrolment in accordance with Form A; or

(b)the producer, being a company, association, society or partnership, has authorized a member of that company, association, society or partnership to complete a claim for enrolment on its behalf, and that person has completed a claim for enrolment in accordance with Form A,

and the claim has been received by the Deputy Returning Officer for that State.

(3.) Where a person, in pursuance of paragraph (b) of the last preceding sub-regulation, completes a claim for enrolment on behalf of a company, association, society or partnership, and that claim is allowed, the name of that person shall be placed on the roll opposite the name of that company, association, society or partnership, and that person shall be entitled to vote at an election on behalf of that company, association, society or partnership.

Removal from rolls.

7. The Deputy Returning Officer for a State may at any time remove from the roll for that State the name of a producer who has ceased to be a producer in that State.

Persons entitled to vote.

8.—(1.) A person is not entitled to vote at an election unless his name appears on the roll for the State in which the election is being held on the day seven days before the day fixed for the close of the poll at that election.

(2.) A company, association, society or partnership is not entitled to vote at an election other than by or through the person who is entitled to vote at the election on its behalf.

Part III.—Nominations.

Qualifications of candidates.

9. A person shall not be nominated for election as a member unless—

(a)he is entitled to vote at the election for which he is nominated; and

(b)he is eligible for nomination for election as a member of the Parliament of the Commonwealth.

Mode of nomination.

10. A nomination for the election of a member may be in accordance with Form B, and shall be signed by at least ten persons entitled to vote at the election.

Requisites for nomination.

11.—(1.) A nomination is not valid unless—

(a) the person nominated—

(i) consents in writing to act, if elected; and

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

(b)the nomination is received by the Deputy Returning Officer for the State in respect of which the person is nominated on or before the date, or later date (if any), fixed by the Minister in pursuance of this regulation.

(2.) The Minister shall fix a date in respect of an election on or before which nominations shall be lodged, 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 nominations shall be lodged, and that later date shall be substituted for the date originally fixed.

(15.) The Minister shall notify in the Gazette the date, and the later date (if any), fixedin pursuance of the last preceding sub-regulation, and the address of the Deputy Returning Officer with whom nominations are to be lodged.

Form of consent and declaration.

12. A person may give his consent and make the declaration required by paragraph (a)of sub-regulation (1.) of the last preceding regulation in the form specified at the foot of Form B, but a Deputy Returning Officer may accept any other form of consent and declaration, whether accompanying the nomination paper or not, that he deems satisfactory.

Declaration of nominations.

13. As soon as practicable after the date fixed by the Minister as the last date for receiving nominations, the Returning Officer shall publish in the Gazette the name, place of residence and occupation of each Person nominated.

Withdrawal of consent to nomination.

14. A candidate may withdraw his consent to his nomination, at any time on or before the date fixed for receiving nominations, by lodging with the Deputy Returning Officer with whom his nomination was lodged a notice of withdrawal signed by the candidate and witnessed by a Justice of the Peace.

Proceedings on nomination day.

15.—(1.) If one candidate only is nominated in respect of an election for a State, the Returning Officer shall, by notice in the Gazette, declare that candidate duly elected.

(2.) If more than one candidate is nominated in respect of an election for a State, a poll shall be taken to decide the election.

Part IV.—Voting.

Voting by post.

16. Voting at a poll shall be carried out by post.

Number of votes.

17. Each voter is entitled to one vote only at an election.

Date of close of poll.

18.—(1.) The Minister shall fix a date 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 on which the poll shall close, and that later date shall be substituted for the date originally fixed.

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

(3.) A poll closes at four o’clock in the afternoon of the day fixed by the Minister in accordance with this regulation.

Voting papers and form of declaration.

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

(2.) A ballot-paper may be in accordance with Form D.

(3.) The names of candidates shall be set out on each ballot-paper in such order and with such descriptions or additions (if any) as the Deputy Returning Officer thinks fit.

Particulars to be inserted in voting papers and declaration.

20. Before posting a ballot-paper and an envelope bearing the voter’s form of declaration, the Deputy 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 he shall insert—

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

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

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

Manner of voting.

21.—(1.) On receipt of a ballot-paper and the envelope bearing the voter’s form of declaration, the voter shall—

(a)sign the declaration on the envelope 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 Deputy Returning Officer to whom the envelope is addressed.

(2.) A person who witnesses the signature of a voter on the voter’s form of declaration shall sign his name in the place provided for the purpose and add his address and the date on which the declaration is witnessed.

Ballot-papers not received or lost or destroyed.

22. If a voter makes and transmits to the Deputy Returning Officer a statement in writing setting out his full name and address and stating 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 voted at the poll, the Deputy Returning Officer may post to the voter a ballot-paper and envelope, or a further ballot-paper and envelope, as the case may be.

Ballot-box.

23.—(1.) The Deputy Returning Officer shall, for each election—

(a)keep a locked and sealed ballot-box marked with the words “Australian EggBoard 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 containing ballot-papers relating to the election received by him before four o’clock in the afternoon of the day fixed for the close of the poll.

(2.) Where an envelope containing a ballot-paper is posted to the Deputy Returning Officer, but the postage on the envelope is wholly unpaid or insufficiently prepaid, the Deputy Returning Officer shall refuse to accept that envelope and ballot-paper, and that envelope and ballot-paper shall be deemed not to have been received by him for the purposes of this regulation.

Ballot-papers received after close of poll.

24. A ballot-paper received by the Deputy Returning Officer after four o’clock in the afternoon of the day fixed for the close of the poll shall not be admitted to the scrutiny.

Appointment of scrutineers.

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

Scrutiny of votes and declarations.

26. The Deputy Returning Officer shall, as soon as practicable after four o’clock in the afternoon of the day fixed for the close of the poll—

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

(b) examine each envelope, and—

(i) if the declaration is, in his opinion, signed by a person who is entitled to vote at the poll (being a person who has not previously voted at the poll) and is duly attested—accept the vote for further scrutiny; or

(ii) if the declaration is not so signed or attested—disallow the ballot-paper without opening the envelope;

(c)place the envelopes containing the disallowed ballot-papers in a parcel, seal the parcel, endorse it “Australian Egg Board Elections—Election of a member to represent producers in the State of (here insert name of the State)—Votes disallowed at the Preliminary Scrutiny” and add his signature and the date;

(d)number consecutively (from one onwards on the address side of the envelope) the envelopes accepted for further scrutiny, and place them on a table before him with the address side of the envelopes uppermost;

(e)withdraw from each envelope the ballot-paper contained in the envelope and, without unfolding it or inspecting the vote or permitting any other person to do so, write on the ballot-paper a number corresponding with that written on the envelope from which it was withdrawn, and then place the ballot-paper in a locked and sealed ballot-box provided for the purpose of holding ballot-papers relating to that election; and

(f) place the envelopes in a parcel, seal the parcel and endorse it “Australian Egg Board Elections—Election of a member to represent producers in the State of (here insert the name of the State)—Envelopes from which ballot-papers have been withdrawn” and add his signature and the date.

Counting of votes.

27.—(1.) For the purpose of counting the votes, the Deputy Returning Officer shall open the ballot-box referred to in paragraph (e)of the last preceding regulation, and conduct a further scrutiny of the ballot-papers contained in the box in accordance with this regulation.

(2.) The Deputy Returning Officer shall, in the presence of persons approved by him and of such scrutineers (if any) appointed in pursuance of regulation 25 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.) The candidate who receives the greatest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected.

(4.) If no candidate receives an absolute majority of first preference votes, the Deputy Returning Officer shall proceed with the scrutiny and the counting of the votes as follows:—

(a) 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 candidate next in order of the voter’s preference.

(b)If no candidate then has as 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.

(c)The candidate who has received an absolute majority of votes shall be elected.

(5.) If, on any count, two or more candidates have an equal number of votes, and one of them has to be excluded, the Deputy Returning Officer shall decide which shall be excluded. If, on the final count, two candidates have an equal number of votes, the Deputy Returning Officer shall have a casting vote.

(6.) In this regulation—

“absolute majority” means a number greater than one-half of the total number of votes counted at the poll;

“continuing candidate” means a candidate not excluded from the count.

Declaration of election.

28.—(1.) The Returning Officer shall publish in the Gazette notice of the result of an election and the name of the candidate elected.

(2.) A notice of the result of an election published in the Gazette in pursuance of this regulation shall, subject to these Regulations, be conclusive evidence of the result of the election.

Recount of votes.

29.—(1.) At any time before notice of the result of an election is published in the Gazette—

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

(b)the Deputy Returning Officer, whether or not he receives a request in pursuance of the last preceding paragraph, may recount the ballot-papers.

(2) If the Deputy Returning Officer refuses, at the request of a candidate made in pursuance of the last preceding sub-regulation, to conduct a recount of the ballot-papers, the candidate may appeal in writing to the Minister to direct a recount of the ballot-papers, and the Minister may, as he thinks fit, either direct a recount or refuse to direct a recount.

Powers of Deputy Returning Officer conducting recount.

30.—(1.) The Deputy Returning Officer conducting a recount shall have 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.

(2.) The Deputy Returning Officer conducting a recount may, and at the request of any scrutineer shall, reserve any ballot-paper for the decision of the Returning Officer.

(3.) The Returning Officer shall decide whether a ballot-paper reserved for his decision in pursuance of the last preceding sub-regulation, shall be allowed and admitted or disallowed and rejected.

Informal ballot-papers.

31. A ballot-paper is informal if—

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

(b) it has no vote marked on it;

(c)it is so imperfectly marked that the intention of the voter is uncertain; or

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

Voting papers to be placed in parcels.

32. The Deputy Returning Officer shall, in respect of an election, place in separate parcels—

(a)ballot-papers rejected as informal;

(b)ballot-papers allowed or admitted; and

(c)the copy of the roll used for the election,

and shall endorse on each parcel a description of the contents thereof, add his signature and the date, and retain the parcels until authority is given, in accordance with the provisions of the next succeeding regulation, for destruction of their contents.

Destruction of papers.

33. At the expiration of six months from the date of publication of the result of the election, the Returning Officer may authorize the ballot-papers and the voters’ declarations relating to the election to be destroyed.

Intruders.

34. 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 Deputy Returning Officer.

Penalty: Fifty pounds.

Part VI.—Disputed Elections.

Right to dispute election.

35. A candidate at an election, or a person entitled to vote at an election, may, by petition addressed to the Minister, dispute the validity of—

(a)the roll used for the election;

(b)the election; or

(c)the result, or the notice of the result, of the election.

Requisites of petition.

36. A petition made in pursuance of the last preceding regulation shall—

(a)set out the facts relied on to dispute the roll, election, result 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 presented to the Minister within thirty days after the publication in the Gazette of the notice of the result of the election.

Determination of dispute.

37. The dispute shall be determined by the Minister in such manner as he deems fit, and the Minister may declare that—

(a)a candidate who was returned as elected was not duly elected;

(b)a candidate who was not returned as elected was duly elected; and

(c) the election was void.

Effect of decision.

38.—(1.) Where a candidate has been returned as elected, and he is declared by the Minister under this Part not to have been duly elected, he shall cease to be a member.

(2.) Where a candidate has not been returned as elected, and he is declared by the Minister under this Part to have been duly elected, he shall become a member.

(3.) If an election is declared by the Minister under this Part to be void, a new election shall be held.

Decisions to be final.

39. Decisions of the Minister under this Part are final and conclusive and cannot be questioned or appealed against.

Immaterial errors not to vitiate poll or election.

40.—(1.) The Minister shall not declare an election, the result of an election, or the notice of the result of an election void because of—

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

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

if the Minister is satisfied that the delay, absence, error or omission did not affect the result of the election.

(2.) A person shall not dispute an election—

(a)because of a defect in the title, or lack of title, of the person who acted as the Deputy Returning Officer;

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

(c)because an act or thing was not performed or done at or within a prescribed time.

Part VII.—Miscellaneous.

Misfeasance.

41. Where a person acting as Returning Officer or Deputy Returning Officer at an election is guilty of wilful misfeasance or of a wilful or negligent act of commission or omission contrary to these Regulations he is guilty of an offence.

Penalty: Fifty pounds.

Untrue statements in declarations, &c.

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

Penalty: Fifty pounds.

Duty of witness.

43. A person shall not witness the signature of a person to a declaration made under these Regulations unless the person acting as witness—

(a) is at least twenty-one years of age;

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

(c) has seen that person sign the declaration in his own handwriting; and

(d)knows, or has reasonable grounds for believing, that the statements contained in the declaration are true.

Penalty: Fifty pounds.

Marks on voting papers.

44. A person (other than the voter to whom a ballot-paper has been issued) shall not mark or write on a ballot-paper otherwise than in accordance with these Regulations.

Penalty: Fifty pounds.

Offences in connexion with polling.

45. 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: Fifty pounds.

Forms.

46. Strict compliance with the Forms in the Schedule to these Regulations is not necessary, and substantial compliance is sufficient.

THE SCHEDULE.

Form A. Regulation 6 (2.).

Commonwealth of Australia.

Egg Export Control (Election of Board) Regulations.

CLAIM FOR ENROLMENT.

Surname—

[In block letters]

Christian names—

[In block letters]

Full postal address—

To the Deputy Returning Officer,

[Here insert address]

1, the abovenamed person, hereby claim to have—

* (a) my name;

* (a) the name of [here insert name and address of company, association, society or partnership on behalf of which enrolment is claimed],

placed on the roll of egg producers in the State of

I declare—

* (b) that I am an egg producer, andthat I own not less than five hundred adult female domestic fowls;

* (b) that the abovenamed *company/association/society/partnership, of which I am a member, is an egg producer and owns not less than five hundred adult female domestic fowls, and has authorized me to complete this Claim for Enrolment on its behalf; and

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

Signature of applicant.

(In own handwriting.)

Dated this day of , 19 .

Signature of witness:

Address of witness:

• Strike out whichever is not applicable.

THE SCHEDULE—continued.

Form B. Regulations 10 and 12.

Commonwealth of Australia

Egg Export Control (Election of Board) Regulations.

NOMINATION FOR ELECTION OF A MEMBER OF THE AUSTRALIAN EGG BOARD TO REPRESENT PRODUCERS IX THE STATE OF

To the Deputy Returning Officer,

[Here insert address].

We, the undersigned persons, being persons entitled to vote at the forth coming election of a member of the Australian Egg Board, hereby nominate the following person as a candidate for election as a member of that Board to represent egg producers in the State of

Surname of candidate—

[In block letters]

Christian names of candidate—

[In block letters]

Place of residence: Occupation:

Signature of Nominator.		Place of Residence.	Date of Signature.	Witness to Signature.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10

I, of , the person nominated for election above, consent to act, if elected, and declare that 1 am qualified under the Egg Export control (Election of Board) Regulations, to be elected.

Dated this day of , 19 .

Signature of candidate;

Signature of witness:

Address of witness:

Form C. Regulation 19 (1.).

Commonwealth of Australia.

Egg Export Control (Election of Board) Regulations.

DECLARATION BY VOTER.

In accordance with the Egg Export Control Act 1947-1951 and the Regulations made under that Act, I, of , declare—

(a) that I am entitled to vote at the election of a member of the Australian Egg Board to represent producers in the State of (the poll for which election closes on , 19 );

* (b) that I am an egg producer and that I own not less than live hundred adult female domestic fowls;

* (b)that I am a member of [here insert name of company, association, society at partnership], which owns not less than five hundred adult female domestic fowls, and on behalf of which I am entitled to vote at the election;

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

Signature of voter.

Signed before me this day of , 19  .

Signature of witness:

Address of witness:

* Strike out whichever is not applicable.

THE SCHEDULE—continued.

Form D. Regulation 19 (2.).

Commonwealth of Australia.

Deputy Returning Officer’s Initials.

Egg Export Control (Election of Board) Regulations.

BALLOT-PAPER.

Election of a member of the Australian Egg Board to represent producers in the State of , the poll for which election closes on , 19 .

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

Candidates.

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Further Directions to Voter.

After marking your vote, fold the ballot-paper and place it in the envelope bearing your declaration (duly signed and witnessed), securely fasten the envelope, and forthwith send it, by pre-paid post or otherwise, to the Deputy Returning Officer to whom it is addressed.