Egg Industry (Restructuring-Poll) Regulation 1995 (Qld)

Queensland Subordinate Legislation 1995 No. 112 Egg Industry (Restructuring) Act 1993 EGG INDUSTRY (RESTRUCTURING— POLL) REGULATION 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Who may vote and how to conduct a poll—Act, s 114 . . . . . . . . . . . . . . . . 2 4 Producers on the roll are eligible to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Returning officer to prepare and post approved voting papers that are the same . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Returning officer to place sealed ballot envelopes in a secure place . . . . . 4 8 Close of poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Invalid votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 Counting votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

s1 2 s4 Egg Industry (Restructuring — Poll) No. 112, 1995 ˙ Short title 1. This regulation may be cited as the Egg Industry (Restructuring—Poll) Regulation 1995 . ˙ Definitions 2. In this regulation— “ballot paper” means a ballot paper in a form approved by the returning officer. “information statement” means a statement about voting in the poll approved by the returning officer. “returning officer” means an officer of the department appointed by the Minister as the returning officer for the poll. “verifying declaration” means a declaration in a form approved by the returning officer for signature by a producer to verify the producer’s identity and entitlement to vote at the poll. ˙ Who may vote and how to conduct a poll—Act, s 114 3. This regulation sets out who is eligible to vote, and how a poll must be conducted, on the question whether the compulsory marketing scheme should continue. ˙ Producers on the roll are eligible to vote 4.(1) The returning officer must prepare a list of producers eligible to vote at the poll (the “roll” ). (2) The roll is to be prepared from— (a) information supplied by the Company; and (b) any other information the returning officer considers appropriate in deciding whether a person is a producer. (3) To be eligible to vote, a producer must be on the roll.

s5 3 s6 Egg Industry (Restructuring — Poll) No. 112, 1995 ˙ Returning officer to prepare and post approved voting papers that are the same 5.(1) The returning officer must prepare and send together, by post, to each producer on the roll— (a) a ballot paper initialled by the returning officer; and (b) a ballot paper envelope addressed to the returning officer, on the back of which is a verifying declaration; and (c) an information statement. (2) For every voter, the form of ballot paper, ballot paper envelope, verifying declaration or information statement must be the same. (3) The returning officer must keep a written count of the number of ballot papers initialled by the returning officer. (4) The returning officer must post all ballot papers by midday on 1 May 1995. ˙ Voting 6.(1) Each producer on the roll has 1 vote. (2) A vote is recorded by— (a) completing the ballot paper in the way required by the instructions on it; and (b) placing the completed ballot paper in its envelope; and (c) sealing the ballot paper envelope; and (d) the voter signing the verifying declaration; and (e) either— (i) posting the ballot paper envelope to the returning officer; or (ii) giving it to an officer of the department at the department’s office at level 6, 80 Ann Street, Brisbane. (3) A ballot paper is of no effect unless it is actually received by the returning officer, sealed in its envelope, before the poll closes.

s 7 4 s 10 Egg Industry (Restructuring — Poll) No. 112, 1995 ˙ Returning officer to place sealed ballot envelopes in a secure place 7. The returning officer must place all sealed ballot envelopes, received before the poll closes, in a secure place. ˙ Close of poll 8. The poll closes at midday on 22 May 1995. ˙ Invalid votes 9. A vote is invalid if— (a) the ballot paper is not properly completed; or (b) the ballot paper is marked (whether by the voter or someone else) other than to properly complete it; or (c) the ballot paper is not initialled by the returning officer; or (d) the verifying declaration is not signed by the voter; or (e) the returning officer receives more than 1 ballot paper from the same voter; or (f) the voter’s intention is not clear on the face of the ballot paper. ˙ Counting votes 10.(1) Immediately the poll closes, the returning officer must— (a) examine the verifying declarations and ballot papers; and (b) count, and keep a written note of, the number of— (i) producers on the roll who voted; and (ii) valid votes in favour of the question; and (iii) valid votes against the question; and (iv) invalid votes. (2) The returning officer must work out the percentage of valid votes in favour of the question and the percentage against the question.

5 Egg Industry (Restructuring — Poll) No. 112, 1995 ENDNOTES 1. Made by the Governor in Council on 20 April 1995. 2. Notified in the Gazette on 21 April 1995. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. © State of Queensland 1995