Grain Industry Levy Poll Act 1991 (Qld)

403 GRAIN IND U STRY 1991 No. 22 of 1991 TABLE OF PROVISIONS Section 1. Short title .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 2. Interpretation .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. 3. Referendum ................... 4. Returning officer .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 5. Partnerships and sharefarming agreements and personal representatives and trustees .. .. .. .. .. .. 6. Entitlement to vote .. .. .. .. .. .. .. .. .. .... .. .. .. .... .. .. 7. Preparation of roll of voters .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 8. Inspection of roll.. .. .. .. .. .. .. .. .. .... .. .. 9. Application for enrolment .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. 10. Enrolment and voting by corporations and separately constituted persons .. .. .. .. .. .. .. .. .. .. 11. Transmission of ballot-papers 12. Manner of voting 13. Counting of votes 14. Informal ballot-papers .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 15. Publication of result of referendum 16. Offences .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. .. .. 17. Proceedings for offences 18. Costs of referendum.. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. 19. Records of referendum .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. SCHEDULE Page 405 405 406 406 406 407 408 408 409 409 410 411 411 411 412 412 413 413 413 414

404 G rain I ndustry Levy Poll Act 1991 uennsluna ate' . r ET OND^O ANNO QUADRAGESIMO ELIZABETHAE SECUNDAE REGINAE MCM No. 22 of 199 1 An Act relating to the conduct of a referendum in connection with the grain industry [4 csented to 5 June 1991]

Grain Industry Levy Poll No. 22, 1991 405 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as the Grain Industry Levy Poll Act 1991. Interpretation 2. (1) In this Act- "Association " means The Queensland Graingrowers Association; "authorised person " means a person authorised in writing by the returning officer to assist the returning officer in the conduct of the referendum; "Director-General" means the chief executive, by whatever title of office the chief executive is known, of the department and includes any officer temporarily discharging the responsibilities of the chief executive; "elector " means an elector within the meaning of the ElectionsAct 1983; "grain " means wheat, barley, grain sorghum, maize, chick peas, soybeans, canola (rapeseed), sunflowerseed, peanuts, navy beans, triticale, mung beans, safllowerseed or pigeon peas; "poll closing time" means the time, on the day, determined by the Director-General under section 11(5) for the return of ballot-papers at the referendum; "question " means the question set out in section 3; "referendum " means the referendum under this Act; "roll" means the roll prepared under this Act for the purposes of the referendum; " voter " means a person entitled to vote at the referendum. (2) In this Act, a reference to a form by number is a reference to the form so numbered in the Schedule. (3) Where, in order to meet the circumstances applicable in the case of a person entitled to apply for enrolment, or a person entitled to vote, at the referendum, it is necessary 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.

406 Grain Industry Levy Poll No. 22, 1991 Referendum 3. (1) A referendum is to be held under this Act on the following question:- Are you in favour of The Queensland Graingrowers Association being empowered for a period of 5 years, for the purpose of funding the grower service activities of the Association, to impose a compulsory levy on growers of the crops indicated below grown in the area of Queensland indicated below? crops-wheat, barley, grain sorghum, maize, chick peas, soybeans, canola (rapeseed), sunflowerseed, peanuts, navy beans, triticale, mung beans, safflowerseed and pigeon peas. growing area-the part of Queensland situated south of the 21 degree south line of latitude. (2) The question must be submitted to a poll of persons entitled to vote at the referendum. (3) At the referendum, the matter the subject of the question is taken to have been approved if, having regard only to formal votes counted, a majority of the voters voting at the referendum voted in favour of the question. Returning officer 4. (1) The Minister is to appoint a person to be the returning officer for the purposes of the referendum. (2) The appointment of the returning officer is to be made- (a) on the recommendation of the Director-General; and (b) by Gazette notice. Partnerships and sharefarming agreements and personal representatives and trustees 5. (1) Where persons grow or grew grain under a partnership agreement- (a) those persons are taken to be, in their capacity as partners, a separate person; and (b) the separate person so constituted is taken to be the grower of the grain.

Grain Industry Levy Poll No. 22, 1991 407 (2) Where the title to grain is or was vested in the personal representative or personal representatives of a deceased person- (a) the personal representative is or the personal representatives are taken to be, in his, her or their capacity as personal representative or personal representatives, a separate person; and (b) the separate person so constituted is taken to be the grower of the grain. (3) Where the title to grain is or was vested in a trustee or trustees- (a) the trustee is or trustees are taken to be, in his, her or their capacity as trustee or trustees, a separate person; and (b) the separate person so constituted is taken to be the grower of the grain. (4) Where grain is or was grown under a sharefarming agreement, each person who is or was a party to the agreement is taken to be a grower of the grain. Entitlement to vote 6. (1) A person is entitled to vote at the referendum if- (a) the person is a qualified elector; and (b) the person is, or at any.time after 1 July 1990 was, a grower of grain; and (c) an area of land of not less than 8 hectares is or was used for growing the grain for the purpose of- (i) sale; or (ii) delivery to a marketing organisation; or (iii) other commercial use; and (d) the land is situated in Queensland south of the 21 degree south line of latitude. (2) A person is not entitled to vote more than once at the referendum. (3) For the purposes of subsection (1), a person is a qualified elector if- (a) where the person is a natural person-the person is an elector; or (b) where the person is a corporation-at least one of the directors of the corporation is an elector; or

408 Grain Industry Levy Poll No. 22, 1991 (c) where the person is a separate person constituted under section 5(l)-at least one of the members of the partnership is an elector; or (d) where the person is a separate person constituted under section 5(2)-the personal representative, or at least one of the personal representatives , as the case requires , is an elector; or (e) where the person is a separate person constituted under section 5(3)-the trustee, or at least one of the trustees, as the case requires, is an elector. Preparation of roll of voters 7. (1) As soon as practicable after the commencement of this Act, the returning officer must prepare a roll containing the names and addresses of persons appearing to the returning officer to be persons entitled to vote at the referendum. (2) The roll is to be prepared on the basis of information obtained by the returning officer from- (a) the membership roll maintained in relation to the Association; and (b) any other source the returning officer considers appropriate. (3) For the purpose of obtaining information from the roll referred to in subsection (2)(a), the returning officer is entitled to inspect, make copies of, or take extracts from, the roll. Inspection of roll 8. (1) A copy of the roll is to be open for public inspection- (a) at the principal office of the department; and (b) at other offices of the department designated by the returning officer; and (c) without fee; and (d) during the ordinary business hours of the relevant office; and (e) for a period of 3 weeks specified by the returning officer. (2) The designation of the offices under subsection (1)(b) and the specification of the period under subsection (1)(e) is to be done by Gazette notice. (3) The returning officer may cause a copy of the notice referred to in subsection (2) to be published in such newspapers circulating in the

Grain Industry Levy Poll No. 22, 1991 409 area of Queensland situated south of the 21 degree south line of latitude as the returning officer considers appropriate. Application for enrolment 9. (1) A person is entitled to apply for enrolment on the roll if the person- (a) is not enrolled under section 7; and (b) is entitled to vote at the referendum. (2) An application for enrolment must be made- (a) before the end of the period referred to in section 8(1)(e); and (b) to the returning officer; and (c) in accordance with Form 1. (3) Where- (a) the returning officer is satisfied that an applicant is entitled to apply for enrolment on the roll; and (b) the application satisfies the requirements of subsection (2); the returning officer must, as soon as practicable after the end of the period referred to in section 8(1)(e)- (c) enter on the roll the name and address of the applicant; and (d) certify that, to the best of knowledge of the returning officer, the roll is correct. Enrolment and voting by corporations and separately constituted persons 10. (1) The making of an application for enrolment, or the casting of a vote, on behalf of a corporation is to be done by a person who- (a) is a director of the corporation; and (b) is an elector; and (c) is authorised in that behalf by the corporation. (2) The making of an application for enrolment, or the casting of a vote, on behalf of a separate person constituted under section 5(1) is to be done by a person who- (a) is a member of the partnership; and (b) is an elector; and

410 Grain Industry Levy Poll No. 22, 1991 (c) is authorised in that behalf by the other member or members of the partnership. (3) The making of an application for enrolment, or the casting of a vote, on behalf of a separate person constituted under section 5(2) by 2 or more personal representatives of a deceased person is to be done by a person who- (a) is one of the personal representatives; and (b) is an elector; and (c) is authorised in that behalf by the other personal representative or representatives. (4) The making of an application for enrolment, or the casting of a vote, on behalf of a separate person constituted under section 5(3) by 2 or more trustees is to be done by a person who- (a) is one of the trustees; and (b) is an elector; and (c) is authorised in that behalf by the other trustee or trustees. (5) A person making an application for enrolment or voting under this section must, in addition to signing the application or declaration by a voter, indicate in the application or declaration the capacity in which the person so signs. Transmission of ballot-papers 11. (1) As soon as practicable after certifying the roll to be correct, the returning officer must send to each person enrolled on the roll a ballot-paper together with an envelope bearing a form of declaration. (2) Before a ballot-paper is sent to a person, the returning officer or an authorised person must- (a) initial the ballot-paper; and (b) enter on the ballot-paper the poll closing time. (3) A count is to be kept of all initialled ballot-papers. (4) As far as practicable, a ballot-paper must be sent to a person at least 28 days before the poll closing time. (5) The Director-General must, by Gazette notice, determine the day, and the time on that day, by which ballot-papers are required to be returned to the returning officer.

Grain Industry Levy Poll No. 22, 1991 (6) A ballot-paper is to be in accordance with Form 2. (7) A form of declaration is to be in accordance with Form 3. 411 Manner of voting 12. A voter voting at the referendum must- (a) mark the ballot-paper in accordance with the directions set out on the ballot-paper; and (b) complete and sign the declaration on the envelope provided with the ballot-paper; and (c) return the ballot-paper in the envelope (duly sealed) to the returning officer by the poll closing time. Counting of votes 13. As soon as practicable after the close of the poll at the referendum, the returning officer must, with the assistance of such authorised persons as the returning officer requires- (a) open the envelopes received under section 12; and (b) rejecting informal ballot-papers- (i) count the number of "YES" votes; and (ii) count the number of "NO" votes; and (c) count the number of ballot-papers rejected as informal; and (d) after completion of the counting, place the ballot-papers and envelopes in a secure container and deliver the container to the Director-General. Informal ballot - papers 14. (1) A ballot-paper is informal if- (a) it is not accompanied by a declaration that has been properly completed and signed; or (b) it has not been initialled by the returning officer or an authorised person; or (c) another ballot-paper has been received by the returning officer from the same voter; or (d) it has no vote marked on it or it is not marked in accordance with the directions on the ballot-paper; or

412 Grain Industry Levy Poll No. 22, 1991 (e) it is marked in such a manner that the intention of the voter is not clear. (2) A ballot-paper is not formal unless it is received by the returning officer before the poll closing time. (3) The decision of the returning officer whether a vote is formal or informal is final. Publication of result of referendum 15. (1) Upon completion of the counting of the votes, the returning officer must- (a) give written notice of the result of the referendum to the Minister; and (b) after having given that notice, cause a notice of the result of the referendum to be published in the Gazette. (2) Each notice must show- (a) the total number of formal "YES" votes; and (b) the total number of formal "NO" votes; and (c) the total number of informal votes; counted at the referendum. Offences 16. A person must not- (a) knowingly or recklessly make a false statement in an application for enrolment or declaration under this Act; or (b) vote at the referendum unless he or she is entitled so to vote; or (c) vote more than once in the same capacity at the referendum; or (d) forge a ballot-paper or knowingly utter a forged ballot-paper; or (e) falsely represent himself or herself to be the returning officer or an authorised person; or (f) wilfully threaten, intimidate, hinder or interfere with- (i) a person in relation to the exercise by the person of his or her entitlement to vote at the referendum; or

Grain Industry Levy Poll No. 22, 1991 413 (ii) the returning officer in relation to the exercise of the powers or the performance of the duties of the returning officer in connection with the conduct of the referendum. Penalty: 2 penalty units. Proceedings for offences 17. Proceedings for an offence against this Act are to be taken in a summary manner under the Justices Act 1886 upon the complaint of a person authorised in writing by the Minister. Costs of referendum 18. (1) The Association is to bear the costs of the conduct of the referendum, including the costs of printing and distributing ballot-papers. (2) The Association is to reimburse the department any costs incurred by the department in the conduct of the referendum. (3) The returning officer must certify the costs incurred in the conduct of the referendum. Records of referendum 19. Upon delivery to the Director-General of the container referred to in section 13(d)- (a) the ballot-papers and envelopes contained in the container are, for the purposes of the Libraries and Archives Act 1988, taken to be public records of the department; and (b) on and from the day of delivery, that Act applies to the ballot- papers and envelopes accordingly.

414 Grain Industry Levy Poll No. 22, 1991 SCHEDULE FORM 1 Grain Industry Levy Poll Act 1991 APPLICATION FOR ENROLMENT [s. 9(2)] To the returning officer 1. I, of in the State of Queensland apply to have my name enrolled on the roll of growers for the purposes of the referendum to be held under the Grain Industry Levy Poll Act 1991. 2. I declare that- (a) I am an elector within the meaning of the Elections Act 1983; and (b) I am currently [or was on ] a grower of grain within the meaning of the Grain Industry Levy Poll Act 1991; and (c) an area of land of not less than 8 hectares is or was used for growing the grain for the purpose of- (i) sale; or (ii) delivery to a marketing organisation; or (iii) other commercial use; and (d) the land is situated in Queensland south of the 21 degree south line of latitude. Signature of applicant: Date of application: Signature of witness:

Grain Industry Levy Poll No. 22, 1991 415 [s. 11 (6)] FORM 2 Grain Industry Levy Poll Act 1991 BALLOT-PAPER ARE YOU IN FAVOUR OF THE QUEENSLAND GRAINGROWERS ASSOCIATION BEING EMPOWERED FOR A PERIOD OF 5 YEARS, FOR THE PURPOSE OF FUNDING THE GROWER SERVICE ACTIVITIES OF THE ASSOCIATION, TO IMPOSE A COMPULSORY LEVY ON GROWERS OF CROPS INDICATED BELOW GROWN IN THE AREA OF QUEENSLAND INDICATED BELOW? crops- wheat , barley , grain sorghum , maize, chick peas, soybeans, canola ( rapeseed ), sunflowerseed , peanuts, navy beans, triticale, mung beans , safflowerseed and pigeon peas. growing area -the part of Queensland situated south of the 21 degree south line of latitude. DIRECTIONS TO VOTER 1. Mark your vote on this ballot-paper as follows:- IF YOU WISH TO ANSWER "YES" to the question, place a tick 2 in the space provided alongside the word "YES". IF YOU WISH TO ANSWER "NO" to the question, place a tick E in the space provided alongside the word "NO". 2. After marking your vote, place the ballot-paper in the accompanying envelope and seal the envelope. 3. Complete and sign the declaration printed on the envelope. 4. Return the envelope to the returning officer so as to reach the returning officer by on the day of 1991.

416 Grain Industry Levy Poll No. 22, 1991 FORM 3 Grain Industry Levy Poll Act 1991 DECLARATION BY VOTER [s. 11 (7)] I, that- of in the State of Queensland declare (a) I am an elector within the meaning of the ElectionsAct 1983; and (b) I am currently [ or was on ] a grower of grain within the meaning of the Grain Industry Levy Poll Act 1991; and (c) an area of land of not less than 8 hectares is or was used for growing the grain for the purpose of- (i) sale; or (ii) delivery to a marketing organisation; or (iii) other commercial use; and (d) the land is situated in Queensland south of the 21 degree south line of latitude; and (e) I have not . previously voted at the referendum under the Grain Industry Levy Poll Act 1991. Signature of voter: Date: Minister's Second Reading Speech made on 21 May 1991.