Meat Industry Encouragement Act of 1923 (14 Geo v No. 32) (Qld)

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Meat Industry Encouragement Act of 1923 (14 Geo V No. 32)
10698 ss, 1-3. MEAT. Meat Industry EncollmgclIlcJlt Act. 14, Gw. Y. ~o. ~ i~ , MARSUPIALS. See DINGOES. MEASURES. See WEIGHTS AND MEASURES. MEAT. 14 Geo. V. An Act to Encourage and Improve the Meat TH N E o. M 3 E 2 A . T Industry, and for other incidental purposes. E~:O~~~:E- [ASSENTBD TO 12TH N OV; E~ IBER, 1923.] : \IENl~ ~ ~ TOF .BE it enacted by the King's Most Excellent Majesty, _ by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The )1;1 eat Industry Encouragement Act of 1923." Commence- 2. Save as is herein provided, this Act shall come ment of Act. into operation on a date to be fixed by the Governor in Coul.lcil by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act: Provided that such Proclamation shall not be made until the Parliament of the Commonwealth of Australia has passed an Act providing for and defining the Australian Meat Council. Interpre· tation. Australian Meat Council. Board. Cattle. Fund. J'.Iinister. 3. (1.) In this Act, unless the context otherwise expressly indicates, the following terms have the meanings set against them, that is to say:- " Australian Meat Council "-The Australian Meat Council as defined in the Act of the Parliament of the Commonwealth of Australia referred to in section two of this Act; " Board "-The State Meat Advisory Board constituted or deemed to have been consti- tuted under the provisions of this Act; " Cattle" includes any bull, cow, ox, heifer, steer, or calf; " Fund "-The Meat Industry Fund created by this Act; "lVIinister"-The Secretary for Agriculture and Stock or other Mmister ot the Crown charged for the time being with the administration of this Act;
MEAT. ss. 4, 5. 10699 1923. lJleat Industry EncOlwagement Act. " Owner"--The owner of cattle or sheep, whether Owner. jointly or severally: the term includes the agent, manager, or attorney of an owner. and in the case of a company, unless some other person is specifically nominated by the said company, its public officer under the State laws in force relating to income tax; "Prescribed",--Prescribed by this Act; Prescribed " Regulations"-·Regulations made under the Regulations. authority of this Act; " Sheep" includes any ram, ewe, wether, hogget, Sheep. or lamb; " Stock" includes sheep and cattle; Stock. "This Act"-This Act and all regulations and This Act. Orders in Council made thereunder. (2.) For the purpose of determining any matter arising under this Act, where sheep and cattle are owned by the same owner all such sheep and cattle shall be taken into account, and for that purpose six sheep shall be deemed to be equivalent to one head of cattle. The Board and its 111 ethod of Election. 4. For the purposes of this Act there shall be Establish- established a Board, to be called the State Meat Advisory ment. Board, which shall consist of four owners of stock representing the cattle interest and two owners of stock representing the sheep interest, three persons represent- ing the interests of the meatworks of the State, a State executive officer, and a Commonwealth Government executive officer if one is appointed by the Governor- General of the Commonwealth in Council. N either of such executive officers shall have a vote in any proceedings of the Board whatever. Such members shall be elected or appointed in the manner prescribed. 5. Every owner assessed under this Act who has gualifica- paid all moneys (including penalties) due by him to the ~ lfo:embers Fund in respect of the year in which the election is and electors held and of every previous year, shall be qualified to be elected a member of the Board to represent the owners of stock and to vote at any such election according to the following scale of votes : - Under 1,000 head of cattle or 6,000 head of sheep 1,000 and under 5,000 head of cattle or 6,000 and under 30,000 head of sheep 5,000 head of cattle or 30,000 head of sheep and upwards One vote. Two votes. Three votes. R
10700 s. 6. MEAT. J1f eat Industry Encouragement Act. 14 GEO. V. No. 32, Provided that at any election no single owner shall have more than three votes, even if his stock is located on more than one property. Appoint- 6. (1.) The first Board shall be appointed by the- mBoeanrtdo. f first Governor I.n Counc' I1, by not' 1 ficat' IOn publI'Shed ' In the Gazette. Triennial elections. Sch. I. (2.) Provided that if such Board has been so appointed before the commencement of this Act, all acts done by such Board and appointments and elections made by it shall be and remain valid as if this Act had been in force, and such Board shall be deemed to have been constituted under this Act. Such Board shall remain in office for a term to be fixed by the Minister, not exceeding one year after the commencement of this Act. (S.) In the year in which the first Board goes out of office and thereafter in every third year, upon a day to be appointed by the Board, not later than the thirty-first day of December, an election shall be held to elect the members who are to sit upon the Board in the three years next ensuing, but notwithstanding anything in this section the then-existing Board shall remain in office until the first meeting of the newly elected Board. (4.) The rules, forms, and directions contained in the First Schedule to this Act shall regulate the proceedings in relation to elections of representatives of the sheep and cattle interests. The rules and directions contained in the Second Schedule to this Act shall regulate the proceedings in relation to elections of representatives of the meatworks interests. At such election each and every meatworks recognised as such by the Minister, on the recommenda- tion of the Board, shall be entitled to one vote and no more. Such rules, forms, and directions may from time to time be amended or added to by the Governor in Council on the recommendation of the Board (if any). Appoint- (5.) When at any election no members or an mentbof. insufficient number have been elected to the Board, mceermtainercsas ln es. t he Governor I.n CouncI'1 sha11, on t he recommendat'lOn 0 f the Board (if any), appoint a sufficient number of persons to fill the vacancies then existing. Appoint- (6.) The Governor-General of the Commonwealth of : : ~ ~ ~ ~ e Australia in Council may and the Governor in Council officers. shall each severally from time to time, as may appear
MEAT. SS. 7-10. 10701 1923. Meat Industry EncOtwagement Act. convenient to them, appoint a Commonwealth executive officer and a State executive officer respectively to be members of the Board in conformity with the provisions of this Act. 7. A Board shall be duly constituted and may Time.of . transact business immediately upon election or appoint- c~ ~ ~ ~ ~ J~ on ment of members, but a notification of an election or ° appointment shall be published in the Gazette as soon as conveniently may be thereafter. Vacation of Membership. 8. Any member who- . Vacation of (a) Has been absent from three consecutive meet- membership. ings of the Board without leave obtained from the Board in that behalf; or (b) Removes his permanent domicile from the State; or (c) Becomes insolvent or elects to take advantage of any Act for the benefit of insolvent debtors, or by' any deed or writing whatever com- pounds with his creditors or makes any assignment of his earnings or effects for their benefit; or (d) Is of unsound mind; or (e) Is serving a sentence of imprisonment; or (f) Has become disqualified or ceased to be qualified as a member or elector under this Act in any way or for any reason; or (g) Resigns his office as a member in writing; shall be deemed to have vacated his membership of the Board, and shall forthwith cease to be a member, and his seat upon the Board shall be filled in the manner prescribed. 9. If any member of the Board who is disqualified Penalty fOt-- or whose office has become vacant continues to act as a ~~ ~ .ngful member of the Board, knowing that he is disqualified sling. or that his office has become vacant, he shall be liable to a penalty not exceeding fifty pounds. 10. In the event of any vacancy arising at any time Filling ~ f upon the Board by reason of the death, disqualification, vaC'allCles... or removal of any member, such vacancy shall be filled by the Board by the appointment of a qualified person to represent the interest in the representation of which such vacancy occurs.
]0702 Fund. Levies. ss. 11, 12. MEAT. 31eat Industry JiJnrouragement Act. 14 GEO. V. No. 32, Any vacancy in the office of member in respect of a Commonwealth or State executive officer mayor shall be filled by appointment of another officer, as hereinbefore provided. F£nance. 11. There shall be established by the Board, at the prescribed bank, a fund to be called "The Meat Industry Fund." All assessments levied and other moneys received, and all penalties recovered under this Act, shall be paid into the Fund and shall become and be the exclusive property of the Australian Meat Council, pay- able to it on demand by precept made by its authority in due form and delivered to the Board, or in such other manner as is prescribed in the Act of the Parliament of the Commonwealth referred to in section two hereof. 12. Subject as hereinafter 'provided, the Board shall in the month of September in each year, by resolution, make and levy an assessment on each and every owner of cattle and on each and every owner of sheep, at such rates as shall be determined and declared from time to time by the Australian Meat Council but at not more in anyone year than one penny per head of cattle and one-sixth of a penny per head of sheep on the actual numbers returnable by the owner under the provisions of this Act; w.hereupon such asseSRment shall become due and payable at the office of the Board, at Brisbane, within thirty days after the date of the notice of such assessment. Provided that- (a) No assessment shall be payable by an owner on any stock owned by him not exceeding one hundred head of cattle or five hundred head of sheep; (b) Any amount or amounts so levied may be reduced or wholly remitted, either generally or partially or in respect of any individual owner or owners, by determination of the Board. Any person who fails to pay an assessment made upon him before or at the due date shall be liable to a penalty not exceeding ten pounds for the first six months during which the said assessment is in arrear, and there- after such penalty shall increase at the rate of ten pounds
l\IEAT. ss. 13, 14. 10703 1923. MeatIndustryEncouragement Act. per centum per annum upon the combined amounts of the assessment and of the penalty already imposed. 13. After a first levy of an assessment has been made Stock. under this Act, any number of owners of stock, not being ~ :ne~emanl less than one hundred such owners, who have duly paid a p~ ll. . such assessments shall be entitled to demand that a poll of stock-owners liable to pay assessments under this Act shall be taken on the question whether a further levy of assessments under this Act shall be made or not. Such demand shall be in writing signed by such owners demanding the poll, and shall be delivered or sent to the Board. Thereupon the Board shall cause sllch poll to be taken, and the provisions of this Act relating to elections of representatives of the stock interests shall (so far as applicable) apply to every such poll. If, upon such poll being taken, at least s'xty per centum of the stock-owners entitled to vote thereat have voted and the majority of the stock-owners voting thel'eat have decided that no further assessments under this Act shall be levied, that decision shall be binding upon the Board. Upon the taking of any poll on the question of the levying of assessments under this Act, during the period of three years following the taking of such poll no further poll on such question shall be taken. 14. (1.) The B01rd may, upon resolution, require Returns. any or every owner to make a return of any stock of which he is the owner, or to supply any information required for the purposes of this Act. Any owner who fails to make such return or supply such information when required by the Board and within a time limit specified by it, or who makes any false return or supplies any false information, shall be liable to a penalty not exceeding fifty pounds. (2.) Notwithstanding anything in this section con- tained, the Board may by a resolution declare the latest returns made under *" The Stoclc Retu,rns Act ot 1893" or any other Act or the duplicate copies of returns next hereinafter mentioned to be returns under this Act for the purpose of making assessments, and cause assessments to be made upon such returns accordingly, as if they had been specially made for the purposes of this Act. * 57 Vie. No. 10, 8upra, page 3277.
10704 ss. 15-18. l\1EAT. Meat Industrlj EncoHragement Act. 14 GEO. V. No. 32, Powers of Board. (3.) Each clerk of petty sessjons shall forward to the Board a duplicate copy of each monthly return of stock which is furnished by him to the Department of Agriculture. Powers and Duties of Board. 15. The Board may ~ t all times- (a) Advise the Minister on all matters relating to this Act; (b) Act as the deputy or agent of the Australian Meat Council in the making of levies and assessments and in each and every matter in respect of which the said Council is empowered by its constitution to delegate its authority to the Board; and (c) Deal generally with respect to any measures which it may deem necessary to increase the production of beef and mutton and their by-products and to improve the methods at any time in use of breeding, carrying, killing, cold-storing, or selling stock and meat and other products thereof; ancl (d) f~ecommend financial asssistance for the establishment of co-opErative meatworks, abattoirs, or factories for the manufacture and preparation of products and by-products. Board's 16. Subject to this Act, the Board shall meet for proceedings. the transaction of its business at such times and places and upon such notice given as it may from time to time by resolution determine; and it may make and enforce all such rules as are necessary in respect of its being called together, and of the proper conduct of its proceedings in meeting assembled. 'Quorum. 17. The quorum of the Board shall be seven members, and provided that such number of members at least is in attendance at a meeting otherwise properly constituted the Board may proceed to business, even though there may be for the time being a vacancy or vacancies in its membership, and everything done by it shall have force and be valid as if all the members of the Board were present. Chairman. 18. The Board shall in each year at its first meeting elect a chairman, who shall preside over its meetings, and in the event of his death or disqualification at any time choose someone from among its members to fill the vacancy so occurring.
MEAT. ss. 19-21. 10705 1923. ~ MeatIndustryEncouragementAct. 19. No action or claim or de1l13nCl ",hall lie or be Indemnity. allowed against the Board or any of its members or ·officers in respect of anything done or omitted to be done by the lawful authority of the Board and in .conformity with this Act, and whereby damage, loss, or injury may be caused to any person or persons, firm, ·company, or public authority. 20. In any proceedings in any court of law under Authorisa- this Act it shall not be necessary to prove the validity of tion in . any document authorised by the Board or the authority proceedmgs. ·of any officer of the Board to sign and issue such document or to do any act done in the execution of his duty for and on behalf of the Board. Relation with Australian M eat Council. 21. Before every general election of members of Elections to the Australian Meat Council the Board in duly con- Australian stituted meeting, of which not less than thirty days' ~ ; : ~ cil. clear notice has been given, shall choose and nominate four persons to be its representatives upon the Australian Meat Council in the following manner, that is to say- (a) Those of its members who are representatives of the meatworks interest shall, all of them together in writing in a single document over their several signatures, nominate one person; and (b) Those of its members who are representatives of the cattle interest and the sheep interest respectively shall each, according to their sections and in like manner to the repre- sentatives of the meatworks, nominate three persons who must be members of the Board according to the following proportions, namely:-The cattle interest, two persons; the sheep interest, one person- to become members for the ensuing three years of the Australian Meat Council and to represent the Board thereon. Whereupon the chairmanshall declare the said persons :so nominated to be the Board's representatives upon the Australian Meat Council for the next ensuing three years, and cause their names to be entered in the minutes of the meeting, a copy of which shall forthwith be sent by registered letter-post or delivered by an officer of the Board to the chairman of the Australian Meat Council.
10706 SS. 22-24. MEAT. S~ h. I. rr. 1,2. MeatIndustryEncouragementAct. 14 GEO. V. No. 32, rVtieoapncr. aensecnytain- repre 2 s 2 en . t~ A ti n o y n vuapcoanncythwe hAicuhstmraaliyanocMcueratinCtohuencBiloaartd'sa. · time other than that of a triennial election as aforesaid shall be filled upon the nomination of that section of the Board which originally chose the member whose seat has been vacated, and the mode of procedure in such cases shall be the same as that pursued at such triennial election: Provided that each and every vacancy which may occur shall be filled within six weeks after it has been notified in writing by the said Council. Penalties. Penalties. 23. All aEsessments due and payable to the Board and all penalties for any contravention of this Act may be recovered by complaint in a summary way under *" The Justices Acts, 1886 to 1909." Every such complaint shall be made by the Chairman in his official name of "The Chairman of the State Meat Advisory Board." Regulations. Regulations. 24. The Governor in Council, on the recommenda- tion of the Board, may from time to time make regula- tions for carrying this Act into effect. All such regulations, upon being published in the Gazette, shall have the same effect as if they were enacted in this Act, and shall not be questioned in any pro- ceedings whatever. All such regulations shall be laid before Parliament :within fourteen days after the publication thereof, if Parliament is then sitting; or if not, then within fourteen days after the commencement of the next session thereof. Retiring member eligible for re-election. Returning officer. FIRST SCHEDULE. RULES lfOR ELECTIONS OF MEMBERS IN THE STOCK INTERESTS. 1. Every member who vacates his office shall, if otherwise qualified, be eligible for re-election or reappointment. 2. At every election, the chairman ex officio, or some other person appointed by the Board, or, if there is no Board or chairman or no person is appointed by the Board, then such person as the- Governor in Council appoints, shall be the returning officer. 11 50 Vie. No. 17 and Amending Acts, 8upra, page 1132.
MEAT. 8ch. I. rr. 3-1. 10707 1923. Meat IndustryEncouragement Act. 3. As soon as conveniently may be after the appointment of a Roll at first returning officer, the Registrar-General shall furnish the returning election. officer with a list in alphabetical order, showing- (a) The name of every owner of cattle or of sheep or of sheep and cattle entitled to vote; (b) The name or description of every holding of such owners; (c) The number of stock returned for every such holding according to the latest statutory returns; and (d) The number of votes to which every such owner is entitled. . Such list shall be cprtified by the Registrar-General by writing under his hand to be correct, and, when so certified, shall be the ran of electors to be used at the first election, and shan be conclusive evidence of the right of all persons to vote thereat. secre 4 t . ar ( y 1. o ) f Ftohre thBeopaurdrpossheasll,of . 11 e 1 veervyerey ' lectthiIornd, ayfetaerr, thaes fsirosot, n thaes s preecprea t raery t 0 practicable after the last day of August next preceding the election .annual roll. of members, prepare an alphabetical list containing the name and particulars of the place of abode of every person who is entitled to vote at elections of members in the stock interests, and, in such list, shall set opposite the name of every person the number of votes to which he is entitled. Such list shall be certified by the secretary by writing under his hand to be correct, and, when so certified, shall be conclusive evidence of the right of every person named therein to vote. (2.) The said list, when so certified, shall be delivered by the List to form secretary to the returning officer, and shall be the roll of electors the roll. to be used at every election, and such 1'011 shall continue in force until a new roll is made. 5. On or before the first day of November in every year of the Electionil. election, the returning officer shall give public notice of the election by advertisement in some newspaper. Such notice shall specify a day not less than fourteen nor more than forty days after the publication of such notice as the day of nomination of candidates to represent the cattle interest and the sheep interest respectively, and shall require the candidates at such election to be nominated at some place named in such notice in manner hereinafter mentioned. 6. The place appointed for the nomination of candidates for Place of election, and for the declaration of the result of the election, shall, nomination. whenever practicable, be at the office for the time being of the Board. 7. (1.) In order that a person may become a candidate at an Nomill'1tion election, he shall be nominated by not less than twenty persons . entitled to vote at such election in manner following, that is to say,-Before four o'clock in the afternoon of the day next preceding the day of nomination there shall be delivered to the returning officer, at the place appointed, a nomination-paper, signed by the persons nominating ·him.
10708 Sch. I. rr. 8-11. MEAT. MeatIndustryEncouragementAct. 14 GEO. V. No. 32, (2.) Every nomination-paper shall be in the following form or to the like effect, that is to say,- Nomination-paper. The day of We, the undersigned, electors of the State :Meat Ailvisory Board, hereby nominate I stating chrt.,tian n.ame and .Iurname] of as a candidate for the office of member of the Board to represent the cattle interest [or the sheep interest, as the case may be]. [lIm'e are to follow the signatul"es.] Posting of names of candidates. 8. The returning officer shall, at all times between the hours of nine 0 'clock in the forenoon and four 0 'clock in the afternoon upon each day between the giving of a public notice of an election and the day of nomination named therein, keep posted outside the place appointed for the delivery of nomination-papers the names of all persons who have already become candidates at such election in the cattle interest and the sheep interest respectively. Penalties in connection with nominations of candidates 9. Every person who- (1) Procures himself to be nominated as a candidate for the office of a member of the Board, knowing himself to be under this Act incapable of being or continuing such member; or (2) Knowingly signs a nomination-paper nominating or purporting to nominate as a candidate for such office a person incapable of being or continuing such member; or (3) Knowing that he is not qualified to vote at an elerotion of members, signs a nomination-paper nominating any person as a candidate at such election; shall be liable to a penalty not exceeding fifty pounds. Result where 10. If at the expiration of the time limited for the nomination only number of candidates the number of persons who are duly nominated in to be elected both the cattle interest and the sheep interest, or in either the cattle are. t d interest or the sheep interest, does not exceed the number of nomma e. members to be elected in such interests respectively or either of them, the returning officer shall, at noon on the day of nomination, at the place aforesaid, publicly declare snch candidates to be duly elected, and they shall be elected accordingly. N otificatiOll lI. If at the expiration of the time limited for the nomination of of candidates in both the cattle interest and the sheep interest or in ci1ndidatei', either the cattle interest or the sheep interest, the number of candidates exceeds the number of members to be elected in such interests respectively or either .of them, the returning officer shall, at noon on the day of nomination, at the place aforesaid, publicly ann011n('e the names of the candidates, and also a day (not being less than thirty nor more than sixty days from the day of nomination) on which the poll shall close as hereinafter provided, and also the place at which the votes will be examined and the result of the election ascertained. The returning officer shall also forthwith give public notice by advertisement in some newspaper, stating the names of the candidates and the day on which the poll will close, and naming also the place at which the votes will be examined.
MEAT. Sch. I. rr. 12, 13. 10709 1923. 'Meat Industry Encouragement Act. 12. If the returning officer is prevented from attending to any Bubstitute of his duties by illness or other sufficient cause, he may, or in case for returning -of his refusal or inability the secretary shall, by writing under his officer. hand, appoint a substitute to act for him; and such substitute shall thereupon for the time being have, perform, and be subject to all the powers, authorities, duties, and liabilities of the principal. 13. If a poll is required to be taken, the returning officer shall 'v-oting- forthwith after the day of nomination transmit by post to every papers. person entitled to vote at the election a voting-paper; or, if a voter appears by the roll of electors to be entitled to give more votes than '.one, then so many voting-papers as are equal to the number of votes which such voter is entitled to give. All owners of stock who are entitled to vote shall be entitled to vote both for members to represent the cattle interest and to represent the sheep interest. The envelopes containing the voting-papers so posted by the ,returning officer shall be endorsed with the words "State Meat Advisory ~ oard Voting-paper. " Every voting-paper shall contain the names in full, in .alphabetical order, of all the candidates for election, placing them in two sections respectively-namely, the cattle interest and the sheep interest, and shall be initialled by the returning officer, and shall be in the following form, or to the like effect, that is to say,- Voting-paper. [This voting-paper, having been completed and signed before some other ;person entitled to vote at the same election, or justice of the peace, or the Teturning officer, must be placed in. a closed envelope addressed to the returning officer and endorsed "State Meat Advisory Board Voting-paper," :and be transmitted to the place of nomination through the post.] A.B. [Initials of Returning Officer] I [christian name and surname in f~ £ ll] , of , am an elector, and .am entitled to vote at the election of [insert number of members to be elected] member [or members] of the Board, which is to take place at rstate place of nomination] and closes on the day of Elector. Witmess: Elector (J.P. or Returning Officer) NAMES OF CANDIDA'l'ES. «Strike out the names of the candidates in each interest for whom you do not wish to vote.) Cattle Interest: DOE, JOHN HARKER, WILLIAM JONES, JAMES ROE, RICHAR~ THOMPSON, HENRY, &0. S keep I ntenst : ARCHER, THOMAS BROWN, ALEXANDER SMITH, CHARLES, &0.
10710 Sch I. rr.14-18. MEAT. j'l'Ieat Industry Encouragement Act. 14 GEO. V. No. 32, Envelope. 14. Every voting-paper so transmitted to a voter shall be acc()mpanied by an unsealed envelope addressed to the returning officer at the place of nomination, and endorsed with the words "'StateMeat Advisory Board Voting-paper." Printing voting- papers. 15. In printing voting-papers, regard shall be had to the' following rules, that is to say,- (a) The name of every candidate shall be printed in plain: capital letters of not smaller than pica type; (b) The name of one candidate only shall be printed in one line; (c) "On each side of every such line there shall be a blank space of not "les.!! than one quarter of an inch; (d) Reasonable space shall be left for the signature of the' voter and of the witness to the voter's declaration; (e) If two candidates have the same surname and christian name, the residence and occupation of each such. candidate shall be added to his name. Filling up of 16. Before posting t.he voting-papers, the returning officer papers. shall cause the form of the declaration on each voting-paper to be filled in with- (1) The christian name and surname in full, when known,. of the person entitled to vote; (2) The place and residence or place of business of the- person entitled to vote; (3) The place of nomination; (4) The number of members in each interest to be elected j. and (5) The date on which the poll will close. Hatirement~ 17. If a candidate desires to retire from his candidature, hEl' may, before any of the voting-papers are posted, sign and deliver to the returning officer or to the secretary a notice in the following form or to the like effect;- I, A.B., hereby retire from being a candidate at the election of members to be held on the day of , for the State Meat Advisory Board. Dated this day of (Signed) A.B. Witness, C.D. The returning officer, on the receipt of such notice, shall make known as publicly as possible, by advertisement or otherwise, the fact of the candidate's retirement, and, if the number of candidates. is, by his retirement, reduced to the number of persons to be elected at the election, shall, as soon as conveniently may be, declare the remaining candidates to be duly elected, and if the number is not. so reduced, shall omit or erase the name of the candidate so retiring, from the voting-papers. Return of voting paper. 18. The voter shall strike out from the voting-paper the name of every candidate in each interest for whom he does not wish to vote, and shall then sign such paper in the presence of some other- person qualified to vote at the same election, or a justice of the- peace, or the returning officer.
-------- -. ~ ----- MEAT. 8eh. I. rr. 19-25. 1923. MeatIndustryEncouragement Act. 10711 He shall then place the voting-paper in a closed envelope addressed to the returning officer at the place of nomination and endorsed with the 'words aforesaid, and shall transmit the same by post. 19. The signature or mark of a voter who cannot write mnst Marksmen. be attested by a justice of the peace or the returning officer. No person who cannot write shall be competent to attest the ;signature of a voter. 20. No person who is a candidate or the agent of a canc1jdate Disqualifica- at the election shall attest the signature of a voter to a voting-papt'r tion ot for use in the election. And any such person who so witnesses a certain .signature shall be liable to a penalty not exceeding twenty pounds, ~ : ~ ~ ~ ~ ~ e~ ~ but the vote shall not be thereby invalidated. 21. At any time before three o'clock in the afternoon of the Duplicate {].ay next preceding the day appointed for closing the poll, the votmg- returning officer may issue a second or duplicate voting-paper to papers. any voter whose original voting-paper has miscarried or has been destroyed: Provided that the voter shall first make a declaration before the returning officer that he has not received the original voting- paper or that it has been destroyed, and that he has not already voted at the election. 22. The returning officer may at the request 01 a voter i>trike ~ssist~nce ovuottefrro d moetshenovtotwinI · gsh-patopevr otthee, naanmde mofayanayttceasnt dtihdeateS . Ifgonrawtuhroem 0 f thae groeIfvfituecrnenr. m .y g voter, but the returning officer shall not personally receive any vote except through the post as hereinbefore provided. 23. No candidate or agent of a candidate shall receive or take Disqualifica- Bny voting-paper or envelope containing a voting-paper from a tion ?f yoter. CandIdate or a~ ent for Any such person who so takes or receives a voting-paper or collection of ,envelope containing a voting-paper from Cl, voter shall be liable to voting- a penalty not exceeding twenty pounds, and the election of a papers. candidate who or whose agcnt so takes or receives a voting-paper ,or envelope containing a voting-paper shall be void. 24. Each candidate may appoint one person to bc his Scrutineers. scrutineer at the place appointed for the examinatioll of the voting-papers. 25. The returning officer shall at four o'clock in the afternoon Scrutinydof of the day appointed for closing the poll and at the place of X~ ~ ~ ~ r: ~ ion. nomination, in the presence of such candidates and scrutineers as ~ may attend, examine and count the number of votes received for eaeh candidate in each interest, and shall make out a written statement, signed by himself and countersigned by any scrutineers who are present and consent to sign the same, containing the numbers in words as well as figures of the votes for each candidate so counted as aforesaid, and shall as soon as possible there openly ,declare such numbers, and shall at the same time and place declarl' the names of the candidates elected in each interest, and shall
10712 8ch. I. rr.26-30. l\IEAT. MeatIndustryEncouragementAct. 14 GEO. V. No. 32, forthwith thereafter certify to the secretary and to the Minister. by writing under his hand, the names of the candidates so elected in each interest, and the date of the declaration of the result of the election. At the time of opening the ballot-box the returning officer shall produce for the information of the scrutineers an alphabetical list,_ signed by him, of all persons to whom he has posted or issued. voting-papers. Informal votes. 26. At the examination of the voting-papers, every voting- paper which- - (a) Does not bear the initials of the returning officer; or (b) Is not signed by the voter and attested in the manner' prescribed; or (c) Is manifestly irregular; or (d) Is signed by any person other than a qualified voter; or (c) Contains a greater or le.ss number of names of candi- dates struck out than the number of members to be- elected in each interest; or (f) Is so imperfectly executed that the intention of the voter cannot with certainty be ascertained- shall be n;jected. Marking of 27. At the examination of the voting-papers the returning nlviaostmt. eersoofn oafgfiacienrstshthalel, nuampoenofthtehealvpohtaebrewtichaol vloitsetd. aforesaid, make a mark Casting vote. 28. If the number of votes for two or more candidates in the same interest is found to be equal, the returning officer shall decide by his casting vote which shall be elected. Disposal of voting- papers. 29. The returning officer shall forthwith, after the declaration ::;f the result of the election, make up in one packet all the voting- papers, together with the alphabetical list of voters signed by him !!s aforesaid, and shall securely fasten and seal up such packet, and dlso permit the same to be sealed by the scrutineers present if they so desire, and shall endorse upon it when so sealed a description of the contents thereof and the date of closing the poll, and shall sign such endorsement with his name, and shall cause such sealed packet to be delivered to the secretary, who shall safely keep the same for twelve months after the receipt thereof. At the expiration of such period of twelve months the chairman shall cause the voting-papers to be destroyed in the presence of at least two members of the Board. If any question at any time arises touching the votes alleged to have been given at any election, the voting-papers contained in any such sealed packet shall be recrived in evidence as proof of such votes in any court of justice upon production thereof and upon proof that the same were transmitted to the secretary in due ~ ourse by the returning officer. Secrecy. 30. (1.) If a returning officer or any scrutineer in the discharge of his duties under this Aet at or concerning an election learns for what candidate any voter has voted at such election, he shall not by word or act or any other means whatsoever directly
MEAT. Sch. I. rr. 31-34. 10713 1923. Meat Industry EncouragementAct. or indirectly divulge or discover or aid in divUlging or discovering the fact, save in answer to some question which he is legally hound to answer. Every such returning officer or scrutineer who knowingly and wilfully offends against this provision shall be liable to a penalty not exceeding one hundred pounds. (2.) If a scrutineer makes any mark upon any list of voters or makes or writes any note or memorandum denoting or whereby he can know or remember for what candidate any voter has voted at an election, he shall be liable to a penalty not exceeding one hundred pounds. 31. Every person who wilfully intrudes into the room Intruders appointed for the examination of the voting-papers, other than the returning officer, the candidates, and the scrutineers, sltall be liable to a penalty not exceeding fifty pounds. 32. Every returning officer shall have power and authority to Power and maintain and enforce order and to keep the peace at any election author.ity of held before him, and may without· any other warrant than this returmng Act cause to be arrested and removed and taken before a justice officer. of the peace any person who causes a disturbance at the election, or who intrudes into or obstructs the approaches to the room appointed for the examination of the voting-papers, i)r conducts . himself in a disorderly manner; and all police officers shall aid and assist the returning officer in the performance of his duty. Any person so brought before such justice shall, if no other penalty is provided under this Act, be liable to a penalty not exceeding ten pounds. 33. Every person acting as returning officer at an election Misteasance. whQ is guilty of any wilful misfeasance or wilful ()r negligent act of commission or omission contrary to any of the provisions of this Act shall for every such offence be liable to a penalty not exceeding fifty pounds. 34. No election shall be liable to be questioned by reason of Validity of any defect in the title or any want of title of any person before elections. whom such election is held if such person really acted at the election, nor by reason of any formal error or defect in any declaration or other instrument or in any publication made under this Act or intended to be so made, nor by reason of any such publication being out of time. No election shall be void in consequence solely of any delay in holding the election at the time appointed, or in taking the poll, or in consequence of any impediment of a merely formal nature, and the Governor in Council may adopt such measures as may be necessary for removin,g any obstacle of a merely formal nature by which the due course of any election might be impeded: Provided that the validity of the election and the measures so taken shall be forthwith declared by the Governor in Council by Proclamation.
10714 Si:h. I. r. 35. 5ch. 11. MeatIndustryEncouragementAct. 14 GEO. V. No. 32, 1923. EXJJEllses 35. All reasonable expenses of or incident to any election, incurred by the returning officer, shall be repaid to him by the Board out of the Fund. SECOND SCHEDULE. RULES RELATING TO THE ELEC'rION OF MEMBERS IN 'rHE MEATWORKS INTERESTS. 1. The returning officer shall be the person referred to in section two of the First Schedule. 2. The secretary shall prepare a roll of voters, and this roll, when certified by him in writing and approved by the Minister, shall be conclusive evidence of the right of every person named therein to vote. 3. Candidates shall be nominated by writing under the hand or seal of three persons entitled to vote. 4. The day of nomination and the day for closing the poll and counting the votes shall be the same as those fixed for elections of representatives in the stock interests. 5. Subject to the above provisions, the rules, forms a~d directions contained in the First Schedule shall, m1ttatis mutand 1 s, apply to elections of. representatives in the meatworks inlerests.
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