Honey Industry (Election of Board) Regulations (Cth)
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS
- Reprinted as at 30 April 1981 (HISTREG CHAP 231 #DATE 30:04:1981)
- Reprinted as at 30 April 1981 (HISTREG CHAP 231 #DATE 30:04:1981)
*1* The Honey Industry (Election of Board) Regulations (in force under the Honey Industry Act 1962) as shown in this reprint comprise Statutory Rules 1972 No.
---------------------------------------------------------------------------- Date of Application,
saving
Year and notification Date of or transitional
number in Gazette commencement provisions
---------------------------------------------------------------------------- 1972 No. 136 18 Aug 1972 18 Aug 1972
1973 No. 202 18 Oct 1973 18 Oct 1973 -
----------------------------------------------------------------------------
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
2. Parts
3. Interpretation
4. Returning Officer and Deputy Returning Officers
5. Polls
PART II-ROLLS
6. Preparation of rolls
7. Applications for enrolment
8. Manner of enrolling or voting in certain cases
9. Removal and transfer of names and correction of errors
PART III-NOMINATIONS
10. Candidates must be nominated
11. Method of nomination
12. Requisites for nomination
13. Form of consent and declaration
14. Declaration of nominations
15. Withdrawal of consent to nomination
16. Proceedings on nomination day
PART IV-VOTING
17. Voting to be by post
18. Number of votes
19. Date of close of poll
20. Voting papers and form of declaration
21. Particulars to be inserted in voting papers and declaration
22. Manner of voting
23. Ballot-papers not received or lost or destroyed
PART V-SCRUTINY
24. Ballot-box
25. Ballot-papers received after close of poll
26. Appointment of scrutineers
27. Scrutiny of votes and declarations
28. Counting of votes
29. Declaration of result of poll
30. Recount of votes
31. Powers of Deputy Returning Officer conducting recount
32. Informal ballot-paper
33. Voting papers to be placed in parcels
34. Destruction of papers
35. Intruders
PART VI-DISPUTED POLLS
36. Right to dispute poll
37. Petitions
38. Appointment of person to investigate petition
39. Inquiries
40. Appearances at inquiry
41. Report
42. Effect of inquiry
43. Effect of irregularities in the poll
44. Protection in relation to an inquiry
45. Ballot-papers, &c., to be made available at an inquiry
PART VII-MISCELLANEOUS
46. Misfeasance
47. Untrue statements in declarations, &c.
48. Duty of witness
49. Marks on voting papers
50. Offences in connexion with polling
51. Failure to vote
52. Forms
THE SCHEDULE
Forms
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 1.
Citation
PART I-PRELIMINARY
1. These Regulations may be cited as the Honey Industry (Election of Board) Regulations.*1*
See notes to first article of this Chapter.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 2.
Parts
2. These Regulations are divided into parts, as follows:
Part I-Preliminary (Regulations 1-5) Part II-Rolls (Regulations 6-9) Part III-Nominations (Regulations 10-16) Part IV-Voting (Regulations 17-23) Part V-Scrutiny (Regulations 24-35) Part VI-Disputed Polls (Regulations 36-45) Part VII-Miscellaneous (Regulations 46-52).
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 3.
Interpretation
3. (1) In these Regulations, unless the contrary intention appears-
"candidate" means a candidate validly nominated for election as a member of the Board;
"Deputy Returning Officer" means a Deputy Returning Officer for a State appointed under regulation 4 of these Regulations;
"member" or "member of the Board" means a member of the Board referred to in paragraph (b), (c), (d), (e) or (f) of sub-section (1) of section 7 of the Act;
"poll" means a poll in respect of a State taken in accordance with these Regulations in pursuance of sub-section (6) of section 7 of the Act;
"roll" means a roll referred to in regulation 6 of these Regulations;
"State" means a State other than the State of Tasmania;
"the Act" means the Honey Industry Act 1962-1972;
"the Secretary" means the Secretary to the Department of Primary Industry;
"voter" means a person who is eligible to vote at a poll and includes a person who has been authorized, under regulation 8 of these Regulations, to cast a vote in a representative capacity at the poll.
(2) In these Regulations, a reference to a Form by number shall be read as a reference to the Form so numbered in the Schedule to these Regulations.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 4.
Returning Officer and Deputy Returning Officers
4. (1) The Chief Electoral Officer shall be the Returning Officer for the purposes of a poll.
(2) The Returning Officer shall appoint a Deputy Returning Officer for each State in which a poll is to be taken.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 5.
Polls
5. Polls shall be taken as and when required for the purpose of electing the members of the Board as required by the Act.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 6.
Preparation of rolls
PART II-ROLLS
6. (1) Where a poll is to be taken in a State, the Secretary shall, on the basis of information obtained by him from a prescribed source or any other source that he thinks appropriate, prepare in respect of the State a list containing the names and addresses of the persons appearing to him to be persons each of whom is the owner of at least two hundred hives of bees and is ordinarily resident in that State.
(2) The Secretary shall deliver the list prepared by him to the Returning Officer who shall, from that list, from any other information available to him and from applications made under the next succeeding regulation, cause to be prepared a roll containing the names and addresses of the persons appearing to be owners of at least two hundred hives of bees and ordinarily resident in that State.
(3) A copy of the roll prepared for a poll in a State shall be open for public inspection at the office of the Deputy Returning Officer for the State without fee during his ordinary office hours.
(4) For the purpose of sub-regulation (1) of this regulation, information obtained from the Department of State dealing with agricultural matters in a State shall be deemed to be information obtained from a prescribed source.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 7.
Applications for enrolment
7. (1) A person who is not enrolled in accordance with the last preceding regulation and is eligible to apply for enrolment for the purposes of a poll may, before the time fixed by the Minister under sub-regulation (3) of this regulation in relation to the poll as the time before which applications for enrolment are to be lodged, post or deliver to the Deputy Returning Officer for the State in respect of which that person is so eligible to apply, an application for enrolment in accordance with Form 1.
Substituted by 1973 No. 202 r. 1
(2) The Deputy Returning Officer for a State shall, on the receipt of an application duly made under sub-regulation (1) by a person who is not already enrolled in the State, enter the name and address of the person on the roll.
(3) The Minister shall fix, in respect of a poll, a time before which applications for enrolment are to be lodged and shall notify in the Gazette the time so fixed and the address of the Deputy Returning Officer at which applications are to be lodged.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 8.
Manner of enrolling or voting in certain cases
8. (1) The signing 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 signing 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, by virtue of the Act, for the purposes of a poll, deemed to be a separate person shall be done by one of those personal representatives or trustees, as the case may be, authorized in that behalf by them.
(3) The separate person constituted under sub-section (4) of section 7A of the Act by the personal representative or personal representatives of a deceased person, or by the trustee or trustees of a deceased person, shall be deemed to be ordinarily resident in the State in which the deceased person ordinarily resided immediately before his death.
(4) Subject to the last preceding sub-regulation, the separate person constituted under sub-section (4) of section 7A of the Act by a trustee or trustees, shall be deemed to be ordinarily resident-
(a) if application has been made to enrol that separate person in a State in which are situated any hives of bees owned by the trustee or trustees constituting the separate person in the capacity of trustee or trustees-in that State; or
(b) if such an application has not been made but the separate person is enrolled in a State in which are situated any of those hives of bees-in that State.
(5) A person who signs an application for enrolment, or votes, in accordance with sub-regulation (1) or (2) of this regulation shall, in addition to signing the application for enrolment or the declaration by a voter, as the case may be, indicate in that application or declaration the capacity in which he so signs.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 9.
Removal and transfer of names and correction of errorsAmended by 1973 No. 202 r. 2
9. A Deputy Returning Officer for a State may at any time-
(a) remove from the roll for the State the name and address of a person who is not eligible to vote at a poll in respect of that State;
(b) enter on the roll for the State the name and address of a person appearing to be eligible to apply for enrolment for the purposes of a poll in respect of that State; and
(c) make such corrections to names and addresses on the roll for the State as are necessary by reason of error or change of name or address.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 10.
Candidates must be nominated
PART III-NOMINATIONS
10. A person is not capable of being elected as a member of the Board at a poll unless duly nominated.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 11.
Method of nomination
11. A nomination for the election of a member at a poll shall be in accordance with Form 2 and shall be signed by at least five persons each of whom is enrolled for the purpose of the poll.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 12.
Requisites for nomination
12. (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 eligible under sub-section (5) of section 7A of the Act to become a candidate for election at the poll to which the nomination relates; and
(b) the nomination and the consent and declaration referred to in the last preceding paragraph are received by the Deputy Returning Officer for the State in relation to which the person is nominated before the time fixed by the Minister in pursuance of this regulation.
(2) The Minister shall fix, in respect of a poll, a time before which nominations are to be lodged and shall notify in the Gazette the time so fixed and the address of the Deputy Returning Officer at which nominations are to be lodged.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 13.
Form of consent and declaration
13. A person may give the 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 2, but a Deputy Returning Officer may accept any other form of consent and declaration, whether accompanying the nomination paper or not, that he considers satisfactory.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 14.
Declaration of nominations
14. As soon as practicable after the time fixed by the Minister under regulation 12 of these Regulations for receiving nominations for candidates for election at a poll, the Returning Officer shall publish in the Gazette the name and place of residence of each candidate for election at the poll.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 15.
Withdrawal of consent to nomination
15. A candidate may withdraw his consent to his nomination, at any time before the time fixed by the Minister under regulation 12 of these Regulations for receiving nominations, by lodging with the Deputy Returning Officer with whom his nomination was lodged a notice of withdrawal, in accordance with Form 3, signed by the candidate and witnessed by a Justice of the Peace.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 16.
Proceedings on nomination day
16. (1) If one candidate only is nominated for election at a poll, the Returning Officer shall, by notice in the Gazette, declare that candidate duly elected.
(2) If more than one candidate is nominated for election at a poll, the poll shall be taken to determine the candidate to be elected to the Board.
(3) A poll shall be deemed to have wholly failed if no candidate is nominated or returned as elected and another poll shall be taken.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 17.
Voting to be by post
PART IV-VOTING
17. Voting at a poll shall be carried out by post.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 18.
Number of votes
18. Each voter is entitled to one vote only at a poll.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 19.
Date of close of poll
19. (1) The Minister shall fix a time for the close of the poll and, if, at any time after fixing that time, the Minister is satisfied that circumstances exist that render it necessary or desirable to alter the time so fixed, the Minister may fix a later time for the close of the poll, and that later time shall be substituted for the time originally fixed.
(2) The Minister shall notify in the Gazette the time, and the later time (if any), fixed in pursuance of the last preceding sub-regulation.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 20.
Voting papers and form of declaration
20. (1) As soon as practicable after the time for the close of the poll in respect of a State is fixed, the Deputy Returning Officer for the State shall send by post to every person enrolled on the roll for that State a ballot-paper together with an envelope bearing a form of declaration in accordance with Form 4.
(2) A ballot-paper may be in accordance with Form 5.
(3) The names of the candidates for election at a poll shall be set out on each ballot-paper in alphabetical order according to surnames.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 21.
Particulars to be inserted in voting papers and declaration
21. (1) Before posting a ballot-paper and an envelope bearing a voter's form of declaration to a person, the Deputy Returning Officer shall, in the spaces provided for those purposes, initial the ballot-paper and insert the time fixed for the close of the poll and, in the form of declaration on the envelope, insert-
(a) the surname of the person and his other names in full (if known), or the initials of his other names;
(b) the place of residence of the person as set out in the roll prepared under these Regulations; and
(c) the time fixed for the close of the poll.
(2) A count shall be kept of all ballot-papers.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 22.
Manner of voting
22. (1) A person eligible to vote at a poll may vote at the poll by complying with the succeeding provisions of this regulation, but not otherwise.
(2) The person shall mark the ballot-paper in accordance with the directions set out on the ballot-paper.
(3) The person, having so marked the ballot-paper, 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 the envelope is addressed so as to reach the Deputy Returning Officer before the time fixed for the close of the poll.
(4) A person who complies with the last preceding sub-regulation does not vote at the poll unless, before the envelope containing the ballot-paper is transmitted or delivered to the Deputy Returning Officer, the person has completed and signed the declaration on the envelope containing the ballot-paper in the presence of a witness and the person who witnessed the declaration has signed his name in the place provided for that purpose and added the date on which the declaration was signed.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 23.
Ballot-papers not received or lost or destroyed
23. If a voter in a State makes and sends to the Deputy Returning Officer for that State 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 or envelope, or a further ballot-paper or envelope, as the case may be.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 24.
Ballot-box
PART V-SCRUTINY
24. (1) The Deputy Returning Officer for a State shall, for a poll to be taken in that State-
(a) keep a locked and sealed ballot-box marked with the words "Australian Honey Board Ballot-Box-Ballot-papers received from Voters" and such additional words as are, in his opinion, necessary to indicate the poll for which the ballot-box is to be used; and
(b) place and keep in the ballot-box, until the scrutiny, all envelopes purporting to contain ballot-papers relating to the poll received by him before the close of the poll.
(2) Where an envelope purporting to contain a ballot-paper is posted to the Deputy Returning Officer for a State, but the postage on the envelope is wholly unpaid or insufficiently prepaid, the Deputy Returning Officer may refuse to accept that envelope and the ballot-paper that may be contained in it and that envelope and ballot-paper shall be deemed not to have been received by him for the purposes of this regulation.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 25.
Ballot-papers received after close of poll
25. The Deputy Returning Officer for a State shall not admit to the scrutiny any envelopes purporting to contain ballot-papers received by him in relation to a poll in the State after the close of the poll but shall place those envelopes unopened in a parcel, seal the parcel and endorse on it the words "Australian Honey Board Polls-Poll to elect a member to represent honey producers in the State of (here insert the name of the State)-Ballot-papers received after the close of the poll" and add such additional words as are, in his opinion, necessary to indicate the poll to which the parcel relates, his signature and the date.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 26.
Appointment of scrutineers
26. A candidate for election at a poll in a State may, by notice in writing signed by him, or by telegram, addressed to the Deputy Returning Officer for that State and setting out the name and address of the scrutineer, appoint one scrutineer to represent him at the scrutiny.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 27.
Scrutiny of votes and declarations
27. The Deputy Returning Officer for a State shall, as soon as practicable after the close of a poll in that State-
(a) open the ballot-box referred to in sub-regulation (1) of regulation 24 of these Regulations and take out the envelopes contained in it;
(b) without opening the envelopes, examine each envelope and-
(i) if the declaration is, in his opinion, signed by a voter (being a voter who has not previously voted at the poll) and is duly attested-accept it for further scrutiny; or
(ii) if the declaration is not so signed or attested-reject any ballot-paper in the envelope;
(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 "Australian Honey Board Polls-Poll to elect a member to represent honey producers in the State of (here insert the name of the State)-Ballot-papers rejected at the preliminary scrutiny" and add such additional words as are, in his opinion, necessary to indicate the poll to which the parcel relates, his signature and the date;
(d) place the envelopes accepted for further scrutiny on a table before him with the declaration on each envelope facing downwards, and then, without further examining the declaration or permitting any other person to do so, withdraw from each envelope accepted for further scrutiny 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 and sealed ballot-box provided for the purpose of holding ballot-papers relating to that poll; and
(e) place the envelopes from which ballot-papers have been withdrawn in a parcel, seal the parcel and endorse on it the words "Australian Honey Board Polls-Poll to elect a member to represent honey producers in the State of (here insert the name of the State)-Envelopes from which ballot-papers have been withdrawn" and add such additional words as are, in his opinion, necessary to indicate the poll to which the parcel relates, his signature and the date.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 28.
Counting of votes
28. (1) For the purpose of counting the votes at a poll in a State, the Deputy Returning Officer for that State shall open the ballot-box referred to in paragraph (d) 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 26 of these Regulations 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 an 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 determine by lot which shall be excluded, and if, on the final count, two candidates have an equal number of votes, the Deputy Returning Officer shall determine by lot which shall be elected.
(6) In this regulation-
"absolute majority of votes" means a number of votes greater than one-half of the total number of ballot-papers other than informal ballot-papers;
"continuing candidate" means a candidate not excluded from the count.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 29.
Declaration of result of poll
29. (1) The Returning Officer shall publish in the Gazette notice of the result of a poll and the name of the candidate elected.
(2) A notice of the result of a poll published in the Gazette in pursuance of this regulation is, subject to these Regulations, conclusive evidence of the result of the poll.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 30.
Recount of votes
30. (1) At any time before notice of the result of a poll is published in the Gazette-
(a) a candidate for election at the poll may (by notice in writing specifying reasons for the request) request the Deputy Returning Officer for the State to which the poll relates 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 to conduct a recount of the ballot-papers upon being requested to conduct a recount under the last preceding sub-regulation, the candidate may appeal in writing to the Returning Officer to direct a recount of the ballot-papers, and the Returning Officer may, as he thinks fit, either direct a recount or refuse to direct a recount.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 31.
Powers of Deputy Returning Officer conducting recount
31. (1) A 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) A 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.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 32.
Informal ballot-paper
32. A ballot-paper is informal-
(a) if it is not initialled by the Deputy Returning Officer;
(b) if it has no vote marked on it;
(c) if it is so imperfectly marked that the intention of the voter is not clear;
(d) if it is not marked in accordance with the directions on the ballot-paper; or
(e) if it has upon it any mark or writing by which the voter can be identified.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 33.
Voting papers to be placed in parcels
33. The Deputy Returning Officer for a State shall, in respect of a poll taken in that State, place in separate parcels ballot-papers rejected as informal and ballot-papers allowed or admitted and shall endorse on each parcel a description of its contents, add his signature and the date, and retain the parcels until authority is given, in accordance with the next succeeding regulation, for the destruction of their contents.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 34.
Destruction of papers
34. At the expiration of six months from the date of publication of the result of a poll the Returning Officer may authorize the destruction of-
(a) the ballot-papers and envelopes contained in the parcels referred to in regulation 25 and paragraph (c) of regulation 27 of these Regulations;
(b) the envelopes contained in the parcel referred to in paragraph (e) of regulation 27 of these Regulations; and
(c) the ballot-papers referred to in the last preceding regulation.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 35.
Intruders
35. 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: One hundred dollars.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 36.
Right to dispute poll
PART VI-DISPUTED POLLS
36. A candidate or voter at a poll may, by petition addressed to the Minister, dispute the validity of-
(a) the poll; or
(b) the result, or the notice of the result, of the poll.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 37.
Petitions
37. (1) A petition under the last preceding regulation in respect of a poll shall-
(a) set out the facts relied on to invalidate the poll or the result, or the notice of the result, of the poll, as the case may be;
(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) within thirty days after the publication in the Gazette of the notice of the result of the poll, be furnished to the Minister by delivering it at an office of the Department of Primary Industry.
(2) Where a petition is furnished to the Minister under the last preceding sub-regulation, the petitioner shall, as soon as practicable after the presentation of the petition, cause a copy of the petition to be delivered to the person elected at the poll.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 38.
Appointment of person to investigate petition
38. Where a petition is furnished to the Minister under this Part, the Minister shall appoint a person who is or has been-
(a) a justice or judge of a federal court or of the Supreme Court of a State; or
(b) a barrister or solicitor of the High Court, or of the Supreme Court of a State or of a Territory of the Commonwealth, of not less than five years' standing,
to hold an inquiry into the matters alleged in the petition and report his findings to the Minister.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 39.
Inquiries
39. (1) The Minister shall, upon appointing a person to hold an inquiry in relation to a petition, forward the petition to the person so appointed.
(2) A person holding an inquiry into matters alleged in a petition concerning a poll shall inquire first whether or not the petition is duly signed and, if it is duly signed, then into the matters alleged in the petition without regard to legal forms or technicalities.
(3) In holding an inquiry under this Part in relation to a poll, the person holding the inquiry-
(a) is not bound by the laws of evidence;
(b) may, for the purpose of the inquiry, inquire into the identity of persons and whether their votes were improperly admitted or rejected;
(c) shall give notice of the time fixed by him for holding the inquiry to the petitioner, to the person elected at the poll, to the Deputy Returning Officer for the State in which the poll was taken and to such other persons (if any) as he thinks fit;
(d) may give such other notices in relation to the inquiry, whether to persons generally or to particular persons, as he thinks necessary;
(e) shall afford the petitioner, the person elected at the poll and the Deputy Returning Officer reasonable opportunities to present evidence and make submissions at the inquiry; and
(f) may authorize other persons who apply to him for permission to do so and satisfy him that they have reasonable grounds to do so to appear at the inquiry and to present evidence and make submissions.
(4) Subject to this regulation, the procedure to be followed in holding an inquiry under this Part shall be as directed by the person holding the inquiry.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 40.
Appearances at inquiry
40. A person entitled to appear at an inquiry may be represented by counsel or solicitor or, by leave of the person holding the inquiry, by some other person.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 41.
Report
41. Upon the completion of an inquiry, the person holding the inquiry shall report his findings to the Minister and recommend whether, having regard to his findings and to the provision of this Part, in his opinion-
(a) the candidate who was returned as duly elected should be declared not to have been duly elected;
(b) a candidate who was not returned as duly elected should be declared to have been duly elected; or
(c) the poll should be declared to be void.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 42.
Effect of inquiry
42. (1) Upon receiving the report and recommendation of the person holding an inquiry in relation to a poll, the Minister may, by notice published in the Gazette-
(a) declare that the candidate who was returned as duly elected was not duly elected;
(b) declare as duly elected a candidate who was not returned as elected;
(c) declare that the poll is void; or
(d) confirm the election of the person who was returned as elected.
(2) The Minister shall not make a declaration of a kind referred to in paragraph (a), (b) or (c) of the last preceding sub-regulation unless the declaration is in accordance with a recommendation of the person who held the inquiry.
(3) Where the candidate who has been returned as elected is declared by the Minister not to have been duly elected, he ceases to be a member.
(4) Where a candidate who was not returned as elected is declared by the Minister to have been duly elected, he becomes a member.
(5) Where a poll is declared by the Minister to be void, a new poll shall be taken.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 43.
Effect of irregularities in the poll
43. A poll shall not be taken to be void, and a person returned as duly elected shall not be taken not to have been duly elected-
(a) by reason of-
(i) a delay in taking votes or giving or publishing a notice; or
(ii) the absence, error or omission of an officer,
if the delay, absence, error or omission did not affect the result of the poll;
(b) because of a defect in the title, or lack of title, of the person who acted as the Returning Officer or the Deputy Returning Officer;
(c) 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 have been so made;
(d) because any act or thing in connexion with the poll was not performed or done at or within the prescribed time;
(e) on the ground of-
(i) any illegal practice committed by a person other than a candidate and without the knowledge or authority of a candidate; or
(ii) any illegal practice other than bribery or corruption or attempted bribery or corruption,
unless the result of the poll was likely to be affected and it is just that the candidate returned as elected should be declared not to have been duly elected or that the poll should be declared void;
(f) on the ground that a voter was not permitted to vote at the poll unless the voter-
(i) claimed to vote at the poll in pursuance of these Regulations; and
(ii) complied with the requirements of these Regulations relating to voting in so far as he was permitted to do so; or
(g) for any error or omission in the roll for the poll.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 44.
Protection in relation to an inquiry
44. (1) A person holding an inquiry under this Part has, in the exercise of his duty as the person holding the inquiry, the same protection and immunity as a Justice of the High Court.
(2) A person appearing as a witness before a person holding an inquiry under this Part has the same protection as a witness in a case tried in the High Court.
(3) A barrister or solicitor appearing before the person holding an inquiry under this Part has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 45.
Ballot-papers, &c., to be made available at an inquiry
45. (1) Where an inquiry is being held in connexion with a poll in a State, the Deputy Returning Officer for the State shall, upon request by the person holding the inquiry, furnish to that person the parcels of ballot-papers and envelopes referred to in regulations 25, 27 and 33 of these Regulations and the roll used by him in connexion with the poll.
(2) The person holding an inquiry may grant to another person leave to inspect the documents referred to in the last preceding sub-regulation-
(a) if those documents are held by the Deputy Returning Officer-in the presence of the Deputy Returning Officer or an officer authorized by him; or
(b) in any other case-in the presence of the person holding the inquiry or another person authorized by him,
and to take, in the presence of the Deputy Returning Officer, the person holding the inquiry or a person so authorized, copies of or extracts from those documents.
(3) Upon the completion of an inquiry, the person holding the inquiry shall return to the Deputy Returning Officer concerned any documents furnished to him in accordance with sub-regulation (1) of this regulation.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 46.
Misfeasance
PART VII-MISCELLANEOUS
46. Where the Returning Officer, a Deputy Returning Officer or another person performing duties in connexion with a poll 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 punishable upon conviction by a fine not exceeding One hundred dollars.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 47.
Untrue statements in declarations, &c.
47. A person shall not wilfully make a false statement in an application for enrolment or a declaration made under these Regulations.
Penalty: One hundred dollars.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 48.
Duty of witness
48. A person shall not witness the signature of another person to an application for enrolment or declaration made under 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;
(c) has seen the person sign the application or declaration, as the case may be, in his own handwriting; and
(d) knows, or has reasonable grounds for believing, that the statements contained in the declaration are true.
Penalty: One hundred dollars.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 49.
Marks on voting papers
49. (1) A person (other than the voter to whom a ballot-paper has been posted) shall not mark or write on a ballot-paper otherwise than in accordance with these Regulations.
Penalty: Forty dollars.
(2) This regulation does not apply in relation to the initialling of a ballot-paper by a Deputy Returning Officer under sub-regulation (1) of regulation 21 of these Regulations.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 50.
Offences in connexion with polling
50. A person shall not-
(a) impersonate another person for the purpose of securing a ballot-paper or of voting at a poll;
(b) intentionally destroy or deface a ballot-paper;
(c) vote more than once at a poll; or
(d) vote at a poll unless he is eligible to vote at the poll.
Penalty: One hundred dollars.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 51.
Failure to vote
51. (1) A voter who fails to vote at a poll in respect of which he is eligible to vote is guilty of an offence punishable upon conviction by a fine not exceeding Ten dollars.
(2) Where two or more personal representatives or trustees would be guilty of an offence against this regulation if they were one person, each of them shall be deemed to be guilty of the offence.
(3) It is a defence to a prosecution for an offence against this regulation if the person charged satisfies the court that there was a reasonable excuse for the failure out of which the charge arises or, in the case of a prosecution of a personal representative or trustee, that he could not reasonably have been expected to ensure that that failure did not occur.
(4) Proceedings for an offence against this regulation shall not be instituted except with the consent in writing of the Minister or of a person authorized in writing by the Minister to give such consents.
(5) In a prosecution for an offence against this regulation in relation to a poll, a certificate under the hand of the Deputy Returning Officer for the State to which the roll relates certifying-
(a) that a person was enrolled on the roll for that State in relation to the poll; and
(b) that that person did not vote at the poll,
is evidence of the facts stated in the certificate.
HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SECT. 52.
Forms
52. (1) Strict compliance with the Forms in the Schedule to these Regulations is not necessary, and substantial compliance is sufficient.
(2) Without limiting the generality of the last preceding sub-regulation, where it is necessary, to meet the circumstances applicable in the case of a person eligible to apply for enrolment or of a person eligible 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.
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HONEY INDUSTRY (ELECTION OF BOARD) REGULATIONS - SCHEDULE SCH
THE SCHEDULE
FORM 1
Regulation 7
COMMONWEALTH OF AUSTRALIA
HONEY INDUSTRY ACT
APPLICATION FOR ENROLMENT
Surname:
Other names:
Full postal address:
To the Deputy Returning Officer,
I, the above-named person, hereby apply to have my name placed on the roll of
honey producers for the State of to enable me to vote at the poll to elect a member of the Australian Honey Board to represent honey producers in that State.2. I declare that-
(a) I am, for the purposes of the above-mentioned Act, ordinarily resident in the State of ;
(b) I am the owner of at least two hundred hives of bees;
* Strike out whichever is inapplicable.
(c) I am * not enrolled in any State
* enrolled in the State of
for the purposes of a poll of honey producers; and
(d) the statements made in this application are true and correct in every
particular.
Signature of person making application for enrolment:
Date of application:
Signature of witness:
Address of witness:
NOTE-Regulations 47 and 48 of the Honey Industry (Election of Board)
Regulations read as follows:
"47. A person shall not wilfully make a false statement in an application for enrolment or a declaration made under these Regulations.
Penalty: One hundred dollars.
"48. A person shall not witness the signature of another person to an
application for enrolment or declaration made under 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;
(c) has seen the person sign the application or declaration, as the case may
be, in his own handwriting; and
(d) knows, or has reasonable grounds for believing, that the statements
contained in the declaration are true.
Penalty: One hundred dollars. ".
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FORM 2
Regulation 11
COMMONWEALTH OF AUSTRALIA
HONEY INDUSTRY ACT
NOMINATION FOR ELECTION OF A MEMBER OF THE AUSTRALIAN
HONEY BOARD TO REPRESENT HONEY PRODUCERS IN THE
STATE OF
To the Deputy Returning Officer,
We, the undersigned persons, being persons enrolled for the purpose of the
forthcoming poll to elect a member of the Australian Honey Board to represent
honey producers in the State of hereby nominate the following person as a candidate for election at the poll.
Surname of candidate:
Other names of candidate:
Place of residence:
Occupation:
------------------------------------------------------------------------------ --
Signature of
Nominator Place of Residence Date of Signature Witness to Signature ------------------------------------------------------------------------------ -- 1.
2.
3.
4.
5.
------------------------------------------------------------------------------ -- CONSENT AND DECLARATION OF PERSON NOMINATED
I, of , the person nominated for election above, consent to act, if elected, and declare that I am
eligible under the above-mentioned Act to become a candidate for election at the forthcoming poll.
Dated this day of , 19 .
Signature of candidate:
Signature of witness:
Address of witness:
NOTE-Regulations 47 and 48 of the Honey Industry (Election of Board)
Regulations read as follows:
"47. A person shall not wilfully make a false statement in an application for enrolment or a declaration made under these Regulations.
Penalty: One hundred dollars.
"48. A person shall not witness the signature of another person to an
application for enrolment or declaration made under 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;
(c) has seen the person sign the application or declaration, as the case may
be, in his own handwriting; and
(d) knows, or has reasonable grounds for believing, that the statements
contained in the declaration are true.
Penalty: One hundred dollars. ".
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FORM 3
Regulation 15
COMMONWEALTH OF AUSTRALIA
HONEY INDUSTRY ACT
NOTICE OF WITHDRAWAL
To the Deputy Returning Officer,
I, of , hereby withdraw my nomination for election as a member of the Australian Honey Board to
represent honey producers in the State of .
Dated this day of , 19 .
Signature of candidate:
Signature of witness:
A Justice of the Peace
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FORM 4
Regulation 20 (1)
COMMONWEALTH OF AUSTRALIA
HONEY INDUSTRY ACT
DECLARATION BY VOTER
I, of , declare that I am eligible to vote at the poll that closes on 19 under the
provisions of the above-mentioned Act and the Regulations made under that Act in respect of the election of the member of the Australian Honey Board to represent honey producers in the State of and that I have not previously voted at the poll.
Signature of voter
Signed before me this day of , 19 .
Signature of witness:
Address of witness:
NOTE-Regulations 47 and 48 of the Honey Industry (Election of Board)
Regulations read as follows:
"47. A person shall not wilfully make a false statement in an application for enrolment or a declaration made under these Regulations.
Penalty: One hundred dollars.
"48. A person shall not witness the signature of another person to an
application for enrolment or declaration made under 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;
(c) has seen the person sign the application or declaration, as the case may
be, in his own handwriting; and
(d) knows, or has reasonable grounds for believing, that the statements
contained in the declaration are true.
Penalty: One hundred dollars. ".
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FORM 5
Regulation 20 (2)
COMMONWEALTH OF AUSTRALIA
Initials of
Deputy Returning
Officer
HONEY INDUSTRY ACT
BALLOT-PAPER
Election of the member of the Australian Honey Board to represent honey
producers in the State of .
DIRECTIONS TO VOTER-Mark your vote on this ballot-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
()............................................................................ .. ()............................................................................ .. ()............................................................................ .. ()............................................................................ ..FURTHER DIRECTIONS TO VOTER
After marking your vote, fold the ballot-paper so as to conceal your vote and
place it so folded in the envelope bearing your declaration (duly signed and
witnessed), securely fasten the envelope, and forthwith send the envelope, by
post or otherwise, to the Deputy Returning Officer to whom it is addressed.
Envelopes purporting to contain ballot-papers received by the Deputy Returning Officer after o'clock in the noon on the day of , 19
shall not be admitted to the scrutiny.
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