Marketing of Primary Products Act 1983 Marketing of Primary Products (Polls and Elections) Regulation 1995 (1995-282) [GG No 83 of 7.7.1995] (NSW)
1995—No. 282
MARKETING OF PRIMARY PRODUCTS ACT 1983—
REGULATION*
(Marketing of Primary Products (Polls and Elections) Regulation 1995)
NEW SOUTH WALES
[Published in Gazette No. 83 of 7 July 1995]
HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Marketing of Primary Products Act 1983, has been pleased to make the Regulation set forth hereunder.
R. S. Amery
Minister for Agriculture.
PART l—PRELIMINARY
Citation
l. This Regulation may be cited as the Marketing of Primary Products (Polls and Elections) Regulation 1995.
Commencement
2. This Regulation commences on 28 June 1995.
Definitions
3. (1) In this Regulation:
“election” means an election under Part 2 or 5 of the Act;
“poll” means a poll under Part 2 or 5 of the Act;“prescribed qualifications” means the qualifications prescribed by
clause 4 and Schedule 1;
“returning officer” means:
(a) the Electoral Commissioner €or New South Wales; or
• The regulation (statutory rule) appointed 28 June 1995 as the date of its commencement pursuant to section 39 (2A) of the lnterpretation Act 1987. the regulation is not invalid merely because the regulation was published in the Gazette after the day on which one or more of its provisions is or are expressed to take effect, but provides. in that case, for that or those provisions to take effect from the day on which the regulation is published in the Gazette instead of from the earlier day.
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(b)
a person employed in the office of and nominated by the Electoral Commissioner for the purpose of exercising the functions conferred or imposed on a returning officer by this Regulation;
“the Act” means the Marketing of Primary Products Act 1983.
(2) In this Regulation:
(a)
a reference to a Form is a reference to a Form set out in Schedule 2; and
(b)
a reference to a primary product includes a reference to a commodity.
Prescribed qualifications
4. For the purposes of sections 39 (4) and 101 (4) of the Act, the prescribed qualifications in relation to a producer of a particular primary product are the qualifications specified in Schedule 1 in respect of a producer of that product.
PART 2—POLLS
Division 1—Preliminary
Definitions
5. In this Part:
“appropriate officer” means:
(a)
in relation to a poll under section 7 or 81 of the Act-the Director; and
(b) in relation to any other poll-the secretary of the board or committee in respect of which the poll is to be taken;
“calling of the poll” for a poll means the date on which a notice is
first published under clause 7 in respect of the poll;
“close of enrolments” for a poll means the final time and date fixed
by the returning officer for the close of enrolments in the poll;
“close of exhibition of the roll” for a poll means the final time anddate fixed by the returning officer for the close of exhibition of the
roll in the poll;
“close of the poll” for a poll means the final time and date fixed by
the returning officer for the close of the poll;
“final roll” for a poll means the roll prepared for the poll by the
returning officer under Division 3;
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“preliminary roll” for a poll means the roll for the poll with which
the returning officer is provided under clause 6.
Division 2—Calling of the poll
Preparation of preliminary roll
6. (1) As soon as practicable after the Governor has directed that a poll be taken in any area on any question, the returning officer must notify the appropriate officer:
(a) that a poll is to be held in that area on that question; and
(b) that the appropriate officer is required to give the returning officer: (i) a preliminary roll of the persons who, in the opinion of the appropriate officer, are qualified to vote in the poll; and
(ii) an appropriately addressed label, or an appropriately addressed envelope, for each person whose name is included in the roll.
(2) The preliminary roll:
(a) must contain the full names (consecutively numbered and listed in alphabetical order) and addresses of the persons whose names are included in the roll; and (b) must be certified by the appropriate officer in accordance with Form 1.
(3) This clause does not apply to a poll to be held as a consequence of an earlier poll that has failed if a preliminary roll for the earlier poll has already been provided to the returning officer.
Notice of poll
7. (1) As soon as practicable after the Governor has directed that a poll be taken in any area on any question, the returning officer must cause notice that a poll is to be held:
(a)
to be published in at least one newspaper circulating generally throughout New South Wales; or
(b)
to be sent by post to each person whose name is included in the preliminary roll for the poll at the address shown on the roll.
(2) The notice:
(a) must state the question on which the poll is being conducted; and
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(b)
must fix a time and date for the close of exhibition of the preliminary roll; and
(c)
must advise where copies of the preliminary roll will be exhibited; and
(d) must fix a time and date for the close of enrolments; and
(e) must specify the qualifications which entitle a person to vote; and
(f)
must advise where applications for enrolment and objections against enrolment may be lodged; and
(g) must fix the time and date for the close of the poll.
(3) The notice must also state:
(a) that it is compulsory for persons who are entitled to vote in the poll to be enrolled, or to apply for enrolment, in the final roll for the poll; and (b) that it is compulsory for persons who are enrolled in the final roll for the poll to vote in the poll.
(4) The close of exhibition of the roll must not be earlier than 14 days after the calling of the poll.
(5) The close of enrolments must not be earlier than the close of
exhibition of the roll or later than 14 days before the close of the poll.
(6) The close of the poll must not be earlier than 28 days, or later than 90 days, after the calling of the poll.
Postponement of poll
8. (1) The returning officer may postpone (for a period not exceeding 14 days) the close of exhibition of the roll, the close of enrolments or the close of the poll by a notice published in the same way as the notice stating that a poll is to be held.
(2) The power conferred on the returning officer by this clause may be exercised more than once in respect of a poll.
Division 3—Preparation of final roll
Exhibition of preliminary poll
9. The returning officer must cause copies of the preliminary roll to be exhibited for public inspection:
(a)
at the places where applications for enrolment and objections against enrolment may be lodged; and
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(b)
for a period of at least 14 days ending at the close of exhibition of the roll.
Qualifications for voting
10. (1) A person is qualified to vote in a poll if, and only if, the person has the prescribed qualifications.
(2) This clause does not entitle a person (whether in their own capacity or in their capacity as the representative of some other person):
(a) to vote more than once in any poll; or
(b)
to vote in 2 or more polls if polls are being held simultaneously in different areas.
Enrolment compulsory
11. It is compulsory for every person who is entitled to vote in a poll
to be enrolled, or to apply for enrolment, in the final roll for the poll.
Enrolment of representatives
12. (1) If, in the opinion of the returning officer, a primary product is actually grown or produced for sale:
(a) on behalf of a corporation—the corporation is taken to be enrolled, or to apply for enrolment, in the final roll for a poll if, and only if, a nominee of the corporation is so enrolled, or so applies for enrolment, in that roll as the representative of the corporation; or
(b) on behalf of a partnership—the partnership is taken to be enrolled, or to apply for enrolment, in the final roll for a poll if, and only if, a nominee of the partnership is so enrolled, or so applies for enrolment, in that roll as the representative of the partnership; or (c) by trustees or by legal personal representatives (whether as agents, administrators or executors or otherwise) on behalf of a person or
the estate of a person—the person or estate is taken to be enrolled, or to apply for enrolment, in the final roll for a poll if, and only if, a nominee of those trustees or representatives is so enrolled, or so applies for enrolment, in that roll as the representative of the person or estate.
(2) A nominee must be a natural person who is not already enrolled in the final roll for the poll in some other capacity.
(3) A representative of a corporation, partnership, person or estate is
taken to be a producer for the purposes of enrolment and of any poll in
which the corporation, partnership, person or estate is qualified to vote.
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(4) In this clause, a reference to a partnership includes a reference to any group of persons who, in the opinion of the returning officer, are engaged in a single enterprise in the growing or production for sale of a primary product.
(5) In forming such an opinion in respect of a group of persons, the returning officer may ignore the existence of any legal entity that consists of or includes persons who form part of the group.
Applications for enrolment by persons not already enrolled
13. (1) A person whose name does not appear on the preliminary roll for a poll may apply for enrolment in the final roll for the poll.
(2) The application must be in Form 2 and must be lodged with the returning officer before the close of enrolments.
(3) On receipt of the application, the returning officer:
(a) if satisfied that the applicant is entitled to enrolment, must accept the application and enter the name and address of the applicant in the final roll for the poll; or (b) if not so satisfied, must reject the application and inform the applicant in writing that the application has been rejected; or
(c) if the application is not in the proper form or is incomplete, must return the application for correction or completion and consider the duly corrected or completed application in accordance with this clause.
Objections to enrolment
14. (1) Before the close of enrolments, the returning officer and any person who is entitled to vote in a poll may object to the inclusion of the name of any person in the final roll.
(2) An objection:
(a) must be in Form 3; and
(b) must state the grounds on which it is made; and
(c) must be signed by the objector; and
(d) must be lodged with the returning officer.
(3) The returning officer must send particulars of an objection to the person to whom the objection relates.
(4) The person to whom an objection relates may lodge a written reply with the returning officer within 7 days after the date on which particulars of the objection were sent to that person.
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(5) The returning officer must consider each objection, and any reply received within that 7 day period, and may make such inquiries as the returning officer thinks fit.
(6) The returning officer may accept or reject an objection.
(7) If the returning officer accepts an objection, the returning officer must exclude the name of the person to whom the objection relates from the final roll for the poll and must inform the person and the objector, in writing, that the person’s name is so excluded.
(8) If the returning officer rejects an objection, the returning officer must inform the person to whom the objection relates and the objector, in writing, that the returning officer has rejected the objection.
(9) The returning officer may require a person who lodges an objection, or who replies to an objection, to verify the objection or reply by statutory declaration.
Postponement of poll not to affect final roll
15. The validity of the final roll for a poll is not affected by the
postponement of the close of the poll by a notice published after the close
of exhibition of the roll, and the roll remains the final roll for the poll.
Division 4—The ballot
Voting compulsory
16. It is compulsory for every person who is enrolled in the final roll for a poll to vote in the poll.
Printing of ballot-papers
17. (1) As soon as practicable after the close of enrolments in a poll, the returning officer must cause sufficient ballot-papers to be printed to enable a ballot-paper to be sent to each person whose name is included in the final roll for the poll.
(2) A ballot-paper for a poll must contain:
(a) the question to be voted on in the poll with the words “YES” and “NO”, together with appropriate spaces for the voter to indicate
the voter’s intention with respect to the question; and(b) such directions as to the manner in which a vote is to be recorded and returned to the returning officer as the returning officer
considers appropriate.
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Distribution of ballot-papers
18. As soon as practicable after the printing of the ballot-papers for a poll, the returning officer must send to each person included in the final roll for the poll:
(a)
a ballot-paper that is initialled by the returning officer (or by a person authorised by the returning officer) or that bears a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 6912; and
(b)
an unsealed envelope addressed to the returning officer and bearing on the back the words “FULL NAME AND ADDRESS OF VOTER,” and “SIGNATURE OF VOTER”, together with appropriate spaces for the insertion of a name, address and signature.
Duplicate ballot-papers
19. (1) At any time before the close of the poll, the returning officer may issue to a voter a duplicate ballot-paper and envelope if the voter satisfies the returning officer by statutory declaration:
(a)
that the original ballot-paper has been spoilt, lost or destroyed; and
(b)
that the voter has not already voted in the poll to which the ballot- paper relates.
(2) The returning officer is to maintain a record of all duplicate ballot-
papers issued under this clause.
Recording of votes
20. In order to vote in a poll, a person:
(a)
must record a vote on the ballot-paper in accordance with directions shown on it; and
(b)
must place the completed ballot-paper (folded so that the vote cannot be seen) in the envelope addressed to the returning officer; and
(c) must seal the envelope; and
(d)
must complete the person’s full name and address on, and must sign, the back of the envelope; and
(e)
must return the envelope to the returning officer so as to be received before the close of the poll.
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Division 5—The scrutiny
Receipt of ballot-papers
21. (1) The returning officer must reject (without opening it) any envelope purporting to contain a ballot-paper if the envelope is not received by the returning officer before the close of the poll or is received unsealed.
(2) The returning officer must examine the name on the back of each remaining envelope and, without opening the envelope:
(a)
must accept the ballot-paper in the envelope and draw a line through the name on the final roll for the poll that corresponds to the name on the back of the envelope, if satisfied that a person of that name is included in the roll; or.
(b)
must reject the ballot-paper in the envelope, if not so satisfied or if a name, address or signature does not appear on the back of the envelope.
(3) The returning officer may reject a ballot-paper without opening the
envelope if, after making such inquiries as the returning officer thinks fit:
(a)
the returning officer is unable to identify the signature on the back of the envelope; or
(b)
it appears to the returning officer that the signature on the back of the envelope is not the signature of the person whose name and address appear on the back of the envelope.
Ascertaining result of poll
22. The result of a poll is to be ascertained by the returning officer as soon as practicable after the close of the poll.
Scrutineers
23. Each organisation which, in the opinion of the returning officer,
has an interest in the outcome of a poll is to be entitled to appoint, by
notice in writing, a scrutineer to represent it at all stages of the scrutiny.
Scrutiny of votes
24. (1) The scrutiny of votes in a poll is to be conducted as follows:
(a)
the returning officer is to produce, unopened, the envelopes containing the ballot-papers accepted for scrutiny;
(b)
the returning officer is then to open each such envelope, extract the ballot-paper and (without unfolding it) place it in a locked ballot-box;
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(c) when the ballot-papers from all such envelopes have been placed in the ballot-box, the returning officer is then to unlock the ballot- box and remove the ballot-papers; (d) the returning officer is then to examine each ballot-paper and reject those that are informal; (e) the returning officer is then to proceed to count the votes and ascertain the result of the poll.
(2) At the scrutiny of votes in a poll, a ballot-paper must be rejected as informal if:
(a) it is neither initialled by the returning officer (or by a person authorised by the returning officer to do so) nor bears a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912; or
(b) it has on it any mark or writing which the returning officer considers could enable any person to identify the voter who
completed it; or(c) it has not been completed in accordance with the directions shown on it.
(3) However, a ballot-paper is not to be rejected as informal merely because of any mark or writing on it that is not authorised or required by this Regulation (unless it is a mark or writing referred to in subclause (2) (b)) if the returning officer considers that the voter’s intention is clearly indicated on the ballot-paper.
(4) The result of the poll is to be ascertained by determining the following:
(a) the number of votes accepted in the poll;
(b) the number of votes in favour of the question on which the poll is being taken;
(c) the number of votes against that question; (d) the number of votes rejected as informal.
Notification of result of poll
25. As soon as practicable after the result of a poll has been ascertained, the returning officer is to notify the Minister and the appropriate officer in writing of the result of the poll.
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PART 3— SELECTIONS Division l—Preliminary
Definitions
26. In this Part:
“appropriate officer” means:
(a) in the case of an election to a vacancy as required by clause 6
(1) of Schedule 2 to the Act—the secretary of the board or committee in respect of which the election is to be held; or (b) in any other case—the
Director;
“area” includes electoral district;
“calling of the ballot” for an election means the date on which a
notice is first published for the election under clause 35;
“calling of the election” for an election means the date on which a
notice is published for the election under clause 27;
“close of enrolments” for an election means the final time and date fixed by the returning officer for the close of enrolments in the election;
“close of exhibition of the roll” for an election means the final time and date fixed by the returning officer for the exhibition of the roll in the election;
“close of nominations” for an election. means the final time and date fixed by the returning officer for the close of nominations in the election;
“close of the ballot” for an election means the final time and date fixed by the returning officer for the close of the ballot for the election;
“electoral district” means an electoral district appointed under section
9 (1) of the Act;
“final roll” for an election means the roll prepared by the returning
officer under Division 5;
“preliminary roll” for an election means the roll provided to the
returning officer under clause 34.
Division 2—Calling of the election
Notice of election
27. (1) As soon as practicable after the Governor has directed that an election is required to be held in any area for any purpose, the returning officer must cause notice of that fact:
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(a) to be sent to the appropriate officer; and
(b)
to be published in a newspaper circulating generally throughout the electoral district.
(2) The notice to be sent to the appropriate officer:
(a)
must state that an election is to be held in that area for that purpose; and
(b) must fix a time and date for the close of nominations.
(3) The notice to be published in the newspaper:
(a)
must state that an election is to be held in that area for that purpose; and
(b) must call for nominations of candidates; and
(c) must specify the time and date for the close of nominations; and
(d) must advise where nomination forms may be obtained and where nominations may be lodged; and (e) must advise where information is available as to the qualifications which entitle a producer to nominate a candidate for the election.
(4) The close of nominations must not be earlier than 21 days, or later than 28 days, after the date on which the notice is published in the Gazette.
(5) The returning officer must ensure that information as to the qualifications which entitle a producer to nominate a candidate for the election is available as stated in the notification.
(6) Information as to those qualifications may be made available as information forming part of a copy of any form provided by the returning officer for use in the nomination of a candidate.
Postponement of close of nominations
28. (1) The returning officer may postpone the close of nominations
for a period not exceeding 14 days by a notice in a form similar to, and published in the same manner as, a notice calling for the nomination of candidates.
(2) The power conferred on the returning officer by this clause may be exercised more than once in respect of an election.
Division 3—Nominations
Eligibility for nomination
29. Any person is eligible for nomination as a candidate for election.
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Nomination of candidates
30. (1) A nomination of a candidate:
(a) must be in Form 4; and
(b) must be made by at least 6 persons (other than the candidate) who each have the prescribed qualifications; and (c) must be lodged with the returning officer before the close of nominations.
(2) If the returning officer is of the opinion that an insufficient number of the persons by whom a candidate has been nominated are qualified to nominate a candidate, the returning officer must, as soon as practicable, cause notice of that fact to be given to the candidate.
(3) For the purpose of enabling the returning officer to form an opinion as to whether a person by whom a candidate in an election has been nominated is qualified to nominate a candidate, the returning officer may require the appropriate officer to furnish the returning officer with such information regarding the person as the returning officer may specify.
(4) The appropriate officer must comply with such a requirement as soon as practicable.
(5) A candidate who has been nominated in an election may withdraw the nomination at any time before the close of nominations by notice in writing addressed to the returning officer.
Uncontested elections
31. If the number of persons who have been duly nominated as
candidates by the close of nominations does not exceed the number of
persons to be elected, each of those persons is taken to have been elected.
Contested elections
32. If the number of persons who have been duly nominated as candidates by the close of nominations exceeds the number of persons to be elected, a ballot must be held.
Candidate information sheets
33. (1) At any time before the close of nominations, a candidate may submit to the returning officer a statutory declaration, in Form 5, containing information intended for inclusion in a candidate information sheet.
(2) If more than the required number of persons have been nominated as candidates by the close of nominations, the returning officer must draw up a candidate information sheet consisting of the information contained in the statutory declarations submitted by the candidates.
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(3) In drawing up a candidate information sheet, the returning officer may omit (or, with the consent of the candidate, correct) so much of the information contained in a candidate’s statutory declaration as the returning officer considers:
(a) to be false or misleading; or
(b) to be inappropriate for inclusion in the candidate information sheet; or (c) to exceed the maximum amount of information that is suitable for inclusion in the candidate information sheet.
(4) If a candidate does not submit a statutory declaration to the returning officer, the returning officer may, in drawing up a candidate information sheet, include in the sheet in respect of the candidate the words “NO INFORMATION RECEIVED”.
(5) The names of the candidates must be listed on the candidate information sheet in the same order as they are listed on the ballot-paper for the election.
Division 4—Calling of the ballot
Preparation of preliminary roll
34. (1) As soon as practicable after it becomes apparent to the returning officer that a ballot is required to be held in respect of an election, the returning officer must cause notice of that fact to be sent to the appropriate officer.
(2) The appropriate officer must provide the returning officer with:
(a)
a preliminary roll of the persons who, in the opinion of the appropriate officer, are qualified to vote in the election; and
(b)
an appropriately addressed label or an appropriately addressed envelope for each person whose name is included in that roll.
(3) The preliminary roll:
(a) must contain the names (consecutively numbered and listed in alphabetical order) and addresses of the persons whose names are included in the roll; and (b) must be certified by the appropriate officer in accordance with Form 1.
(4) This clause does not apply to an election held as a consequence of an earlier election ,that has failed if a preliminary roll for the earlier election has already been provided to the returning officer.
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Notice of ballot
35. (1) As soon as practicable after receiving the preliminary roll for the election, the returning officer must cause notice that an election is to be held:
(a)
to be published in at least one newspaper circulating generally throughout New South Wales; or
(b)
to be sent by post to each person whose name is included in the preliminary roll for the election at the address shown on the roll.
(2) The notice:
(a) must state that a ballot is to be taken; and
(b) must fix a time and date for the close of exhibition of the roll; and
(c) must fix a time and date for the close of enrolments; and(d) must fix a time and date for the close of the ballot; and
(e)
must advise where copies of the preliminary roll will be exhibited; and
(f) must specify the qualifications that qualify a person to vote; and
(g)
must advise where applications for enrolment and objections against enrolment may be lodged.
(3) The notice must also state:
(a) that it is compulsory for persons who are entitled to vote in the election to be enrolled, or to apply for enrolment, in the final roll for the election; and (b) that it is compulsory for persons who are enrolled in the final roll for the election to vote in the election.
(4) The close of exhibition of the roll must not be earlier than 14 days after the calling of the ballot.
(5) The close of the ballot must not be earlier than 28 days after the calling of the ballot.
(6) The close of enrolments must not be earlier than the close of
exhibition of the roll or later than 14 days before the close of the ballot.
Postponement of ballot
36. (1) The returning officer may postpone (for a period not exceeding 14 days) the close of exhibition of the roll, the close of enrolments or the close of the ballot by a notice published in the same way as the notice stating that a ballot is to be held.
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(2) The power conferred on the returning officer by this clause may be exercised more than once in respect of an election.
Division 5—Preparation of the final roll
Exhibition of preliminary roll
37. The returning officer must cause copies of the preliminary roll to be exhibited for public inspection:
(a)
at the places where applications for enrolment and objections against enrolment may be lodged; and
(b)
for a period of at least 14 days ending at the close of exhibition of the roll.
Qualifications for voting
38. (1) A person is qualified to vote in an election if, and only if, the person has the prescribed qualifications.
(2) This clause does not entitle a person (whether in their own capacity or in their capacity as the representative of some other person):
(a) to vote more than once in any election; or
(b)
to vote in 2 or more elections if elections are being held simultaneously in different electoral districts.
Enrolment compulsory
39. It is compulsory for every person who is entitled to vote in an election to be enrolled, or to apply for enrolment, in the final roll for the election.
Enrolment of representatives
40. (1) If, in the opinion of the returning officer, a primary product is actually grown or produced for sale:
(a)
on behalf of a corporation-the corporation is taken to be enrolled, or to apply for enrolment, in the final roll for an election if, and only if, a nominee of the corporation is so enrolled, or so applies for enrolment, in that roll as the representative of the corporation; or
(b)
on behalf of a partnership—the partnership is taken to be enrolled, or to apply for enrolment, in the final roll for an election if, and only if, a nominee of the partnership is so enrolled, or so applies for enrolment, in that roll as the representative of the partnership; or
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(c) by trustees or by legal personal representatives (whether as agents, administrators or executors or otherwise) on behalf of a person or
the estate of a person—the person or estate is taken to be enrolled, or to apply for enrolment, in the final roll for an election if, and only if, a nominee of those trustees or representatives is so enrolled, or so applies for enrolment, in that roll as the representative of the person or estate.
(2) A nominee must be a natural person who is not already enrolled in the final roll for the election in some other capacity.
(3) A representative of a corporation, partnership, person or estate is
taken to be a producer for the purposes of enrolment and of any election
in which the corporation, partnership, person or estate is qualified to vote.
(4) In this clause, a reference to a partnership includes a reference to
any group of persons who, in the opinion of the returning officer, are
engaged in a single enterprise in the growing or production for sale of a
primary product.
(5) In forming such an opinion in respect of a group of persons, the returning officer may ignore the existence of any legal entity that consists of or includes persons who form part of the group.
Applications for enrolment by persons not already enrolled
41. (1) A person whose name does not appear on the preliminary roll for an election may apply for enrolment in the final roll for the election.
(2) The application must be in Form 2 and must be lodged with the returning officer before the close of enrolments.
(3) On receipt of the application, the returning officer:
(a)
if satisfied that the applicant is qualified to vote, must accept the application and enter the name and address of the applicant in the final roll; or
(b)
if not so satisfied, must reject the application and inform the applicant in writing that the application has been rejected; or
(c)
if the application is not in the proper form or is incomplete, must return the application for correction or completion and consider the duly corrected or completed application in accordance with this clause.
Objections to enrolment
42. (1) Before the close of enrolments, the returning officer and any person who is qualified to vote in an election may object to the inclusion of the name of any person in the find roll.
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(2) An objection:
(a) must be in Form 3; and
(b) must state the grounds on which it is made; and
(c) must be signed by the objector; and
(d) must be lodged with the returning officer.
(3) The returning officer must send particulars of an objection to the person to whom the objection relates.
(4) The person to whom an objection relates may lodge a written reply with the returning officer within 14 days after the date on which particulars of the objection were sent to that person.
(5) The returning officer must consider each objection, and any reply received within that 14 day period, and may make such inquiries as the returning officer thinks fit.
(6) The returning officer may accept or reject an objection.
(7) If the returning officer accepts an objection, the returning officer must exclude from the final roll for the election the name of the person to whom the objection relates and must inform that person and the objector, in writing, that the person’s name is so excluded.
(8) If the returning officer rejects an objection, the returning officer must notify the person to whom the objection relates and the objector, in writing, that the returning officer has rejected. the objection.
(9) The returning officer may require a person who lodges an objection, or who replies to an objection, to verify the objection or reply by statutory declaration.
Postponement of ballot not to affect final roll
43. The validity of the final roll for an election is, not affected by the postponement of the close of the ballot by a notice published after the close of exhibition of the roll, and the roll remains the final roll for the election.
Division 6—The ballot
Voting compulsory
44. It is compulsory for every person who is enrolled in the final roll for an election to vote in the election.
1995—No. 282
Printing of ballot-papers
45. (1) As soon as practicable after the close of enrolments in an election, the returning officer:
(a)
must determine the order in which the candidates’ names are to be listed on a ballot-paper by means of a ballot held in accordance with the procedure prescribed for the purposes of section 82A of the Parliamentary Electorates and Elections Act 1912; and
(b)
must cause sufficient ballot-papers to be printed to enable a ballot- paper to be sent to each person included in the final roll for the election; and
(c)
if a candidate information sheet has been drawn up, must cause sufficient copies to be printed so that a copy may be sent to each person included in that roll.
(2) A ballot-paper for an election must contain:
(a)
the names of the candidates arranged in the order determined in accordance with subclause (1) (a), with a small square set opposite each name; and
(b)
if the returning officer considers that the names of 2 or more of the candidates are so similar as to cause confusion, such other matter as the returning officer considers will distinguish between the candidates; and
(c)
such directions as to the manner in which a vote is to be recorded and returned to the returning officer as the returning officer considers appropriate.
(3) The directions to voters must include a direction that:
(a)
the voter must record a vote for at least the number of candidates to be elected by placing consecutive numbers (beginning with the number “1” and ending with the number equal to the number of candidates to be elected) in the squares set opposite the candidates’ names in the order of the voter’s preferences for them; and
(b)
the voter may, but is not required to, vote for additional candidates by placing consecutive numbers (beginning with the number next higher than the number of candidates to be elected) in the square set opposite the candidates’ names in the order of the voter’s preferences for them.
Distribution of ballot-papers
46. As soon as practicable after the printing of the ballot-papers for an election, the returning officer must send to each person included in the final roll for the election:
1995—No. 282
(a)
a ballot-paper that is initialled by the returning officer (or by a person authorised by the returning officer) or that bears a mark prescribed for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 19 12; and
(b)
an unsealed reply-paid envelope addressed to the returning officer and bearing on the back the words “NAME AND ADDRESS OF VOTER” and “SIGNATURE OF VOTER”, together with appropriate spaces for the insertion of a name, address and signature; and
(c) if applicable, a candidate information sheet.
Duplicate ballot-papers
47. (1) At any time before the close of the ballot, the returning officer may issue to a voter a duplicate ballot-paper and envelope if the voter satisfies the returning officer by statutory declaration:
(a)
that the original ballot-paper has been spoilt., lost or destroyed; and
(b)
that the voter has not already voted in the election to which the ballot-paper relates.
(2) The returning officer must maintain a record of all duplicate ballot-
papers issued under this clause.
Recording of votes
48. In order to vote in an election, a person:
(a)
must record a vote on the ballot-paper in accordance with the directions shown on it; and
(b)
must place the completed ballot-paper (folded so that the vote cannot be seen) in the envelope addressed to the returning officer; and
(c) must seal the envelope; and
(d)
must complete the person’s full name and address on., and must sign, the back of the envelope; and
(e)
must return the envelope to the returning officer so as to be received before the close of the ballot.
Division 7—The scrutiny
Receipt of ballot-papers
49. (1) The returning officer must reject (without opening it) any envelope purporting to contain a ballot-paper if the envelope is not received before the close of the ballot or is received unsealed.
1995—No. 282
(2) The returning officer must examine the name on the back of the envelope and, without opening the envelope:
(a)
must accept the ballot-paper in the envelope and draw a line through the name on the roll that corresponds to the name on the back of the envelope, if satisfied that a person of that name is included in the final roll for the election; or
(b)
must reject the ballot-paper in the envelope, if not so satisfied or if a name, address or signature does not appear on the back of the envelope.
(3) The returning officer may reject a ballot-paper without opening the
envelope if, after making such inquiries as the returning officer thinks fit:
(a)
the returning officer is unable to identify the signature on the back of the envelope; or
(b)
it appears to the returning officer that the signature on the back of the envelope is not the signature of the person whose name and address appear on the back of the envelope.
Ascertaining result of ballot
50. The result of a ballot is to be ascertained by the returning officer as soon as practicable after the close of the ballot.
Scrutineers
51. Each candidate in a ballot is entitled to appoint, by notice in
writing, a scrutineer to represent the candidate at all stages of the scrutiny.
Scrutiny of votes
(1) The scrutiny of votes in a ballot is to be conducted as follows: the returning officer is to produce, unopened, the envelopes containing the ballot-papers accepted for scrutiny;
the returning officer is then to open each such envelope, extract the ballot-paper and (without unfolding it) place it in a locked ballot-box;
when the ballot-papers from all the envelopes have been placed in the ballot-box, the returning officer is then to unlock the ballot- box and remove the ballot-papers;
the returning officer is then to examine each ballot-paper and reject those that are informal;
the returning officer is then to proceed to count the votes and
ascertain the result of the election.1995—No. 282
(2) At the scrutiny of votes in a ballot, a ballot-paper must be rejected as informal if
it is neither initialled by the returning officer (or by a person authorised by the returning officer in that behalf) nor bears a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912; or
it has on it any mark or writing which the returning officer considers could enable any person to identify the voter who completed it; orit has not been completed in accordance with the directions shown
on it.
A ballot-paper is not to be rejected as informal:
merely because of any mark or writing on it that is not authorised
or required by this Regulation (not being a mark or writing
referred to in subclause (2) (b)) if, in the opinion of the returning
officer, the voter’s intention is clearly indicated on the ballot-paper; or
if the voter has recorded a vote by placing in one square the
number “1” : (i) merely because the same preference (other than a first preference) has been recorded on the ballot-paper for more than one candidate; or
(ii) merely because there is a break in the order of preferences recorded on the ballot-paper.
Counting of votes
53. (1) If there is 1 person to be elected in the election:
(a)
the method of counting the votes so as to ascertain the result of the election is to be as provided by Part 2 of the Seventh Schedule to the Constitution Act 1902; and
(b)
for the purpose of applying the provisions of that Part to the election, a reference in those provisions to the returning officer is to be read as a reference to the returning officer under this Regulation.
(2) If there are 2 or more persons to be elected in the election:
(a) the method of counting the votes so as to ascertain the result of the election is to be as provided by Part 2 of the Sixth Schedule to
the Constitution Act 1902; and(b)
for the purpose of applying the provisions of that Part to the election:
1995—No. 282
(i) a reference in those provisions to the Council returning
officer is to be read as a reference to the returning officer
under this Regulation; and(ii) the quota referred to in those provisions is to be
determined by dividing the number of first preference votes for all candidates by 1 more than the number of persons to be elected and by increasing the quotient so obtained (disregarding any remainder) by 1.
Notice of result of election
54. As soon as practicable after a candidate in an election has been elected, the returning officer must notify the Minister and the appropriate officer, in writing, of the name of the candidate elected.
PART 4—GENERAL
Decisions of returning officer final
55. If the returning officer is permitted or required by the Act or this Regulation to make a decision on any matter relating to the taking of a ballot in any poll or election, the decision of the returning officer on that matter is final.
Death of a candidate
56. If a candidate dies after the close of nominations and before the close of the ballot:
(a)
the returning officer is to cause notice of the death to be published in the Gazette; and
(b)
all proceedings taken after the Minister notified the returning officer that the election was required to be held are of no effect and must be taken again.
Concurrent polls and elections
57. Where the same voting qualifications apply in respect of a poll and an election:
(a) a single roll may be prepared and used for the purposes of both the poll and the election; and
(b) an application for enrolment in that roll may be made under clause 13 or 41; and (c) an objection against the inclusion in that roll of the name of any person may be made under clause 14 or 42.
1995—No. 282
Offences
58. A person must not:
(a) vote, or attempt to vote, more than once in any poll or election; or
(b) vote, or attempt to vote, in any poll or election in which the person is not entitled to vote; or
(c) make a false or wilfully misleading statement (not being a statement verified by statutory declaration):
(i) to the returning officer in connection with any poll or election; or
(ii) in any document that the person furnishes for the purposes of any poll or election; or
(d)
apply for enrolment in respect of any poll or election in respect of which the person is already enrolled.
Maximum penalty: 0.1 penalty unit.
Repeal
59. (1) The Marketing of Primary Products (Polls and Elections) Regulation 1984 is repealed.
(2) Any act, matter or thing that, immediately before the repeal of the Marketing of Primary Products (Polls and Elections) Regulation 1984, had effect under that Regulation continues to have effect under this Regulation.
SCHEDULE 1—QUALIFICATIONS FOR VOTING
(Cl. 4)
Definitions
1. In this Schedule:
“calling of the election” has the same meaning as it has in Part 3;
“calling of the poll” has the same meaning as it has in Part 2;“current season”, in relation to a poll or an election, means the season during which
the calling of the poll or election occurs;
“season” means the period of 12 months commencing on 1 January in any year.
Primary products generally
2. Except as otherwise provided by this Schedule, a producer, of a primary product has the prescribed qualifications for the purposes of any poll or election relating to the product if the producer has:
1995—No. 282
(a) during the current season; or
(b) during the previous season,
grown or produced the product for sale on land within the area to which the poll or
election relates.
Citrus fruits (Murrumbidgee Irrigation Area)
3. (1) This clause applies in respect of any poll or election relating to a marketing order for citrus fruits produced in the Murrumbidgee Irrigation Area, that is the local government areas of Leeton, Griffith, Carrathool, Narrandera and Murrumbidgee.
(2) A producer of citrus fruits has the prescribed qualifications for the purposes of any poll or election to which this clause applies if the producer maintains at least 2 hectares of land, within the area to which the poll or election relates, for the purpose of producing citrus fruits for sale.
Rice 4. A producer of rice has the prescribed qualifications for the purposes of any poll or
election relating to rice if the producer has:
(a) during the current season; or
(b) during the previous season,
sown to rice any land, within the area to which the poll or election relates, for the
purpose of growing or producing rice for sale.
Wine grapes (Murray Valley)
(1) This clause applies in respect of any poll or election relating to wine grapes
produced in the area of the Murray Valley (New South Wales) Wlne Grape Industry
Development Committee.
5.
(2) A producer of grapes has the prescribed qualifications for the purposes of any poll or election to which this clause applies if the producer:
(a) has, during the period of 2 years immediately preceding the calling of the poll or election, delivered to a winery at least 5 tonnes of grapes grown within the area to which the poll or election relates; or (b) has a contract to supply wine grapes grown within the area to which the poll or the poll or election.
Wine grapes (Murrumbidgee Irrigation Area)
6. (1) This clause applies in respect of any poll or election relating to wine grapes produced in the area of The Wine Grapes Marketing Board for the Shires of Leeton, Griffith, Carrathool and Murrumbidgee.
(2) A producer of grapes has the prescribed qualifications for the purposes of any poll or election to which this clause applies if the producer has, during the period of 2 years immediately preceding the calling of the poll or election, delivered to a winery at least 5 tonnes of grapes grown within the area to which the poll or election relates.
1995—No. 282
Processing tomatoes
7. (1) This clause applies to any poll relating to a marketing order for processing tomatoes grown in New South Wales.
(2) A producer of processing tomatoes has the prescribed qualifications for the purposes of any poll to which this clause applies if the producer:
(a)
has sold tomatoes to a New South Wales or interstate processor during either the current season or the previous season; or
(b)
in New South Wales, has canned in any form or rendered into pulp, juice or paste at least 500 tonnes of tomatoes during either the current season or the previous season.
SCHEDULE 2—FORMS
Form 1
(Cll. 6, 34)
CERTIFICATE
(Marketing of Primary Products (Polls and Elections) Regulation 1995)
I certify that this roll contains the names (consecutively numbered and listed in alphabetical order) and addresses of those producers who, in my opinion, are entitled to vote in the poll*/election* in relation to which this roll has been prepared.
The first and last entries in the roll are as follows:
First entry: No.: .................................................................................................................
| Name: | ........................................................................................................................................ |
Address: ............................................................................................................................
Last entry: No.: ................................................................................................................
| Name: | ........................................................................................................................................ | ||
| Address: | ..................................................................................................................................... | ||
| Dated: |
|
* Delete whichever is inapplicable.
1995—No. 282
Form 2
(Cll 13, 41)
APPLICATION FOR ENROLMENT
(Marketing of Primary Products (Polls and Elections) Regulation 1995)
Surname: .............................................................................................................................
Given names: .....................................................................................................................
Postal Address: ..................................................................................................................
| Postcode: .................................................................... | Telephone No.: ................................. |
Address of property on which the primary product the subject of the poll*/election*
is actually grown or produced for sale: .............................................................
................................................................................................................................................
................................................................................................................................................
Local government area in which the property is situated: .....................................
................................................................................................................................................
I apply to be enrolled in the final roll for the following poll*/election*: ...................
................................................................................................................................................
.................................................................................................................................................
(specify the poll*/election* to which the application relates)
I am applying for enrolment:
(a)* as the sole producer of the primary product;
(b)* as the representative of a corporation on behalf of which the primary product is
actually grown or produced for sale;(c)* as the representative of a partnership on behalf of which the primary product is actually grown or produced for sale;
(d)* as the representative of the trustees or legal personal representatives of a person or estate on behalf of whom or which the primary product is actually grown or produced for sale.
Particulars of corporation*/partnership*/trustee*/legal personal representative* in respect of whom or which the applicant is the representative (see paragraphs (b), (c) and (d) above)*:
| Name: | ................................................................................................................................. |
Postal address: ...................................................................................................................
| ........................................................................................................ | Postcode: ..................... |
1995—No. 282
I declare that I have*/the producer that I represent has*, as at the calling of the poll*/ election*, the prescribed qualifications (as specified in Schedule 1 to the Marketing of Primary Products (Polls and Elections) Regulation 1995) in respect of the primary product the subject thereof.
I further declare that, to the best of my knowledge, the information contained in this application is true.
Dated: ............................................................. Signed: ........................................... * Delete whichever is inapplicable.
Form 3
(C11. 14, 42)
OBJECTION TO ENROLMENT
(Marketing of Primary Products (Polls and Elections) Regulation 1995)
I object to the inclusion in the final roll for the following poll*/election*:
................................................................................................................................................
................................................................................................................................................
(specify the poll*/election* to which the objection relates)
of the name of ...................................................................................................................
(name in full)
of ..........................................................................................................................................
(postal address)
This objection is based on the following grounds:
................................................................................................................................................
.................................................................................................................................................
(specify the grounds of the objection)
Name of objector: ...........................................................................................................
| Postal | address: | ................................................................................................................ |
Postcode: ...............................................................................................................................
Telephone No.: ....................................................................................................................
Dated: ....................................................................................................................................
Signed: ..................................................................................................................................
* Delete whichever is inapplicable.
1995—No. 282
Form 4
(Cl. 30)
NOMINATION OF CANDIDATE
(Marketing of Primary Products (polls and Elections) Regulation 1995)
We nominate ......................................................................................................................
(name in full)
of ...............................................................................................................................................
(postal address)
as a candidate for the following election:
....................................................................................................................................................
....................................................................................................................................................
(specify the election to which the nomination relates and the area or electoral district in which the election is to be held)
We declare that we are each entitled to vote in the election.
Name in full Address Signature
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
.....................................................................................................................................................
NOTE: This nomination must be completed by not less than 6 persons (other than the candidate), each of whom has the prescribed qualifications (as specified in Schedule 1 to the Marketing of Primary Products (Polls and Elections) Regulation 1995) in respect of the election.
I ..................................................................................................................................................
consent to being a candidate at the election to which this nomination relates.
Postal address: .......................................................................................................................
| Postcode: ............................................. | Telephone No.: ............................................................ |
Date of birth: ........................................................................................................................
Dated: .........................................................................................................................................
Signed: ........................................................................................................................................
1995—No. 282
Form 5
(Cl. 33)
STATUTORY DECLARATION
(Marketing of Primary Products (Polls and Elections) Regulation 1995)
I, .................................................... of .................................................................... ,
do solemnly and sincerely declare that:
1. My full name is .............................................................................................
2. My residential address is ..............................................................................
..................................................................................... Postcode:........................... 3. My date of birth is ............................................................................................
4. Iamself-employed*/employedby..................................................................... * as ............................................................................................................................
(specify nature of employment)
5. I hold the following qualifications (academic/trade/professional): ..................................................................................................................................
6. I am a member of the following organisations: ..................................................................................................................................
7. I hold the following offices (other than employment): ..................................................................................................................................
8. ...............................................................................................................................
...................................................................................................................................
..................................................................................................................................
............................................................................................................. (See Note)
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act 1900.
Declared at ............................................................................................................. this
..........................................day of......................................................19...................,
Before me:
.....................................................................................................................................
Justice of the Peace.....................................................................................................................................
(signature)
NOTE: A candidate may include further information relating to the candidacy. Such information should not exceed 4 lines of typescript.
* Delete whichever is inapplicable.
1995—No. 282
NOTES
TABLE OF PROVISIONS
PART l—PRELIMINARY
1. Citation
2. Commencement
3. Definitions
4.
Prescribed qualifications PART 2—POLLS
Division 1—Preliminary
5. Definitions
Division 2—Calling of the poll
6. Preparation of preliminary roll
7. Notice of poll
8. Postponement of poll
Division 3—Preparation of final roll
9. Exhibition of preliminary roll
10. Qualifications for voting
11. Enrolment compulsory
12. Enrolment of representatives
13. Applications for enrolment by persons not already enrolled
14. Objections to enrolment
15. Postponement of poll not to affect final roll
Division 4—The ballot16. Voting compulsory
17. Printing of ballot-papers
18. Distribution of ballot-papers
19. Duplicate ballot-papers
20. Recording of votes
Division 5—The scrutiny
21. Receipt of ballot-papers
22. Ascertaining result of poll
23. Scrutineers
24. Scrutiny of votes
25. Notification of result of poll
PART 3—ELECTIONS
Division 1—Preliminary
26. Definitions
1995—No. 282
Division 2—Calling of the election
27. Notice of election
28. Postponement of close of nominations
Division 3—Nominations
29. Eligibility for nomination
30. Nomination of candidates
31. Uncontested elections
32. Contested elections
33. Candidate information sheets
Division 4—Calling of the ballot
34. Preparation of preliminary roll
35. Notice of ballot
36. Postponement of ballot
Division 5—Preparation of the final roll
37. Exhibition of preliminay roll
38. Qualifications for voting
39. Enrolment compulsory
40. Enrolment of representatives
41. Applications for enrolment by persons not already enrolled
42. Objections to enrolment
43. Postponement of ballot not to affect final roll
Division 6—The ballot
44. Voting compulsory
45. Printing of ballot-papers
46. Distribution of ballot-papers
47. Duplicate ballot-papers
48. Recording of votes
Division 7—The scrutiny
49. Receipt of ballot-papers
50. Ascertaining result of ballot
51. Scrutineers
52. Scrutiny of votes
53. Counting. of votes
54. Notice of result of election
PART 4—GENERAL
55. Decisions of returning officer final
56. Death of a candidate
57. Concurrent polls and elections
58. Offences
59. Repeal
SCHEDULE 1—QUALIFICATIONS FOR VOTING
SCHEDULE 2—FORMS
1995—No. 282
EXPLANATORY NOTE
The object of this Regulation is to repeal and remake, without any major changes in substance, the provisions of the Marketing of Primary Products (Polls and Elections) Regulation 1984. The new Regulation deals with the following matters:
(a)
the qualifications a producer of primary products needs to have to be entitled to vote in a poll or election (clause 4 and Schedule 1);
(b)
the preparation of rolls of producers of primary products that are produced within certain areas (clauses 6, 9, 13 and 15);
(c)
the requirement for all producers to be enrolled in any roll of producers (clause 11);
(d)
the ability of representatives of producers to apply for enrolment in the relevant roll of producers and to vote at a poll or election (clause 12);
(e) the conduct of polls on the following questions (clauses 5-25):
• whether a marketing board should be constituted for a particular product in
a particular area (section 7 of the Act);
• the addition of a products or area to the control of a marketing board
(section 17 of the Act);
• the removal of a product or area from the control of a marketing board
(section 27 of the Act);
• the dissolution of a board (section 32 of the Act);
• the making of a marketing order in respect of a product in an area
(section 81 of the Act);
• the continuance of a marketing order (section 86 of the Act);
• the removal of a commodity or area from the control of a marketing order
(section 96 of the Act);
(f) the nomination of representatives of producers for primary products to be members of a board and of certain members of a committee (clauses 29-33); (g) the election of a representative of producers for primary products to be members of a board elected under section 8 of the Act and of certain members of a committee required to be elected under the Act (clauses 26—54); (h) the requirement for all producers enrolled in the relevant roll of producers to vote at a poll or an election (clause 39); (i) the ability of representatives of producers to apply for enrolment in the relevant roll of producers and to vote at a poll or election (clause 40);
(j) other minor, consequential and ancillary matters (Parts 1 and 4).
This Regulation is made under the Marketing of Primary Products Act 1983, including section 163 (the general regulation making power) and sections 39, 40, 101 and 102.
This Regulation comprises or relates to matters of a machinery nature.
This Regulation is made in connection with the staged repeal of subordinate
legislation under the Subordinate Legislation Act 1989.
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