New South Wales Meat Industry Encouragement Act of 1924 (NSW)
NEW SOUTH WALES MEAT
INDUSTRY ENCOURAGEMENT
ACT.
Act No. 12, 1924.
An Act to encourage and improve the Meat Industry ; and for other incidental purposes. [Assented to, 24th December, 1924. j
lative Council and Legislative Assembly of New South B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis
Wales in Parliament assembled, and by the authority of the same, as Follows : —
1 . (1) This Act may be cited as the " N e w South Wales Meat Industry Encouragement Act of 1924."
(2) This Act shall come into operation on a date to be appointed by the Governor and notified in the Gazette.
2 . In this Act, unless the context or subject-matter otherwise indicates or requires,—
"Australian Meat Council" or " Council" means the Australian Meat Council as defined in the Act of the Parliament of the Commonwealth of Australia intituled the Meat Industry Encouragement Act, 1924.
" B o a r d " means the State Meat Advisory Board
constituted under the provisions of this Act.
" Cattle " includes any bull, cow, ox, heifer, steer,
or calf.
" F u n d " means the Meat Industry Encouragement
Fund created by this Act.
" M i n i s t e r " means the Minister of Agriculture or other Minister of the Crown charged for the time being with the administration of this Act.
Y " Owner " " O w n e r " means the owner of cattle or sheep (whether jointly or severally), and includes the agent, manager, or attorney of an owner, and in the case of a company, unless some other person he specifically nominated by the said company, its registered public officer under the Income Tax (Management) Act of 1912.
" Prescribed " means prescribed by this Act or by
the regulations.
" Regulations " means regulations made under this
Act,
" Sheep " includes any ram, ewe, wether, hogget, or
lamb.
" Stock " includes all sheep and cattle.
"Th is A c t " means this Act and the regulations
made thereunder.
Finance.
3 . ( 1 ) There shall be established in the Treasury a special account to be called " The Meat Industry Encouragement Fund."
( 2 ) All assessments levied and moneys received
under this Act shall be paid into the fund.
( 3 ) There shall be paid out of the fund such
amount as may he agreed upon between the Colonial Treasurer and the Australian Meat Council to reimburse the expenses incurred in the administration of this Act by the Colonial Treasurer or the Minister.
( 1) The balance of the fund shall be paid to the
Australian Meat Council, and shall be paid on demand
by precept made by its authority in due form, and
delivered to the Colonial Treasurer.4 . (1) Subject as hereinafter provided, the Minister shall in the month of September in each year, on the recommendation of the board, make and levy in the prescribed manner an assessment on each and every owner of cattle and 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 any one 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 provision of this Act.
(2)
(2) An assessment shall become due and payable at the Treasury in Sydney 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 so levied or any penalty may he reduced or wholly remitted either generally or partially or in respect of any owner by the Minister on the recommendation of the board.
(3) 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 twenty-five pounds.
(4) All assessments due and payable shall be recoverable as a debt by the Minister or some person authorised by him in writing in any court of competent jurisdiction.
5 . (1) The Minister may upon the recommendation of the board in the manner prescribed require 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 purpose of this Act.
(2) Any owner who fails to make such return or supply such information when required by the Minister and within a time limit specified by him, or who makes any false return or supplies any false information shall, upon summary conviction, be liable to a penalty not exceeding twenty-five pounds.
| (3) Notwithstanding anything in this section the Minister may, upon a resolution of the board, declare the latest returns made under any other Act to he returns under this Act for the purpose of making assessments, and cause assessment to be made upon such returns accordingly as if they had been specially made for the purpose of this Act. |
(4) The board shall have access as prescribed to—
(a)
returns of sheep or large stock made under the Pastures Protection Act, 1912, or any other
Ac t ; and (b)
returns collected by the police or other authorised persons for statistical or other
purposes. The The board and its method of election.
6 . ( 1 ) For the purposes of the Act there shall he established a board to be called the State Meat Advisory- Board.
(2) The members of the board, to be appointed or elected in the manner prescribed, shall consist of—
(a) two owners of stock representing the cattle interest; (b) three owners of stock representing the sheep interest; (c) one owner of stock representing the lamb interest ; (d) three persons representing the meat works of the State ; (e) a State executive officer and a Commonwealth Government executive officer (neither of which executive officers shall have a vote in any proceedings of the board whatever).
(3) Such members shall be elected or appointed in the manner prescribed.
7 . ( 1 ) Every owner assessed under this Act, and who has paid all moneys, due by him to the fund in respect of the year in which the election is held and of every previous year, shall be qualified to be elected a member of the board to represent the owners of stock.
(2) Every such owner shall be entitled to vote at any such election according to the following scale of votes :—
Under one thousand head of cattle, or six thousand head of sheep—one vote.
One thousand and under live thousand head of
cattle, or six thousand and under thirty thou
sand head of sheep—two votes.Five thousand head of cattle, or thirty thousand (3) For the purpose of determining the number of votes to which an owner shall be entitled at an election 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.
head of sheep and upwards—three 1 votes.
(4 ) At any election no single owner shall have
more than three votes even if his stock is located on
more than one property. 8 .
8 . (1) The first board shall be appointed by the Governor by notification published in the Gazette.
(2) The first board shall remain in office for a term to be fixed by the Governor, not exceeding one year after the commencement of this Act.
(3 ) Any vacancy in the first board shall be filled
by appointment by the Governor notified in like manner.
(4) In the year in which the first board goes out
of office upon a day not later than the thirtieth lay of
December to be appointed by the Governor an election
shall be held to elect the members who an; to sit upon
the board for the remainder of the period of the duration
of this Act, but notwithstanding anything in this section
the then existing board shall remain in office until the
first meeting of the newly elected board.
(5) When at any election no members, or an insufficient number, have been elected to the board the Governor shall, on the recommendation of the board, by notice published in the Gazette appoint a sufficient number of persons to fill the vacancies then existing.
(0) The rules, forms, and directions contained in the Schedule to this Act shall as to all matters to which they extend regulate the proceedings in relation to all elections held under this Act. Such rules, forms, and directions may from time to time be amended or added to by regulations made under this Act.
(7) The elections of the representatives of the
meat works upon the board shall take place at the same
time and subject to the same rules and conditions
| representatives unless as otherwise expressly provided | which under this Act apply to the election of owners' |
| hereafter. | |
| At such election each and every meat works recog nised as such by the Minister on the advice of the board shall be entitled to one vote and no more. | |
| (8) The Governor-General of the Commonwealth of Australia in Council may, and the Governor shall, each severally, from time to time, as may appear con venient to them, appoint a Commonwealth executive officer and a State executive officer to become members of the board in conformity with the provisions of this Act. |
9 . A board shall he duly constituted and may transact business immediately upon election or appoint 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.
1 0 . Any member who—
(a)
has been absent from three consecutive meet 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 bankrupt or who by any deed or writing whatever compounds with his creditors or makes any assignment of his earnings or effects for their benefit; or
(d)
dies or becomes an insane person, an insane patient, or an incapable person within the meaning of the Lunacy Act, 1898; or
(e) is serving a sentence of imprisonment; or
(f)
has become disqualified or ceased to be quali fied 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. 1 1 . If any member of the board who is disqualified or whose office has become vacant continues to act as a member of the board knowing that he is disqualified or that his office has become vacant he shall be liable on summary conviction to a penalty not exceeding twenty- five pounds.
1 2 . In the event of any vacancy arising at any time upon the board by reason of the death, disqualification or removal of any member, such vacancy shall be filled upon the nomination of the official organisations of the section of the owners or of the meat works in whose representation such vacancy occurs.
Powers
Towers and duties of board.
1 3 . The board may at all times—
(a) advise the Minister on ail matters relating to
this Act ; (b) act as the deputy or agent of the Australian Meat Council in relation to any 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. 1 4 . Subject to this Act the board shall meet for 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.
1 5 . 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. 1 6 . 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.
1 7 . No action or claim or demand shall lie or be allowed against the board or any of its members or the Minister or any officer of the board or the Minister in respect of anything done or omitted to be done by the lawful authority of the board or the Minister 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. 1 8 . 18. In any proceedings in any court of law under this. Act it shall not be necessary to prove the validity of any document authorised by the .Minister or the board or the authority of any officer of the Minister or 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 Minister or hoard.
Relation icith Australian Meat Council.
1 9 . ( 1 ) The board, in duly constituted meeting of which not less than thirty days 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 meat works 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, the sheep interest, and the lamb interest respectively shall each according to their sections and in like manner to the representatives of the meat works nominate one person to represent such interest. "Whereupon the chairman shall declare the said persons so nominated to be the board's representatives upon the Australian Meat Council and cause their names and the period for which they are appointed 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
Meat Council. officer of the board to the chairman of the Australian ( 2 ) (a) The first board may appoint its repre sentatives on the council for a term not exceeding
fifteen months.
( b ) The succeeding board may appoint its
representatives on the council for the remaining period of the duration of this Act or for such lesser period as to it seems fit.
2 0 . (1) Any vacancy which may occur in the board's
representation upon the Australian Meat Council at a time other than that of an election as aforesaid shall be; filled upon the nomination of that section of the board
which
which originally chose the member whose seat has been vacated, and the mode of procedure in such cases shall be similar to that pursued at an election.
(2) Any vacancy which occurs shall be filled by the board at a meeting of which notice has been given within six weeks after it has been notified in writing by the council.
Regulations.
2 1 . (1) The Governor on the recommendation of the board may make regulations for carrying this Act into effect.
(2) Such regulations shall—
(a) be published in the Gazette ;
(b) take effect as from the date of publication or from a later date to be specified in the regulations.
(3) All such regulations shall be laid before both Houses of Parliament within fourteen sitting days after the publication thereof if Parliament is in session, or if not, then within fourteen sitting days after the commencement of the next session.
(1) If either House of Parliament passes a reso lution of which notice has been given at any time within fourteen sitting days after the regulations have been laid before such House disallowing the regulations or any part thereof, the regulations or part shall thereupon cease to have effect.
(5) The regulations may impose a penalty not
exceeding fifty pounds for any breach thereof, which
| penalty may be recovered in a court of summary | jurisdiction. |
| 2 2 . (1) Within three months after a first levy of an assessment has been made under this Act, any number of owners of stock, not being less than one hundred such owners, who have duly paid such assessment 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. | |
| (2) Such demand shall be in writing signed by such owners demanding the poll, and shall be delivered or sent to the Minister. |
(3)
(3) The Minister shall cause such poll to he
taken in the prescribed manner.
(4) If, upon such poll being taken, at least sixty per centum of the stock-owners entitled to vote thereat have voted, and the majority of the stock-owners voting thereat have decided that no further assessments under this Act shall be levied, that decision shall be binding upon the Minister.
(5) The Governor shall forthwith, by procla mation published in the Gazette, notify the result of the poll, and shall in the proclamation specify a date not later than one month after the date of the proclamation upon which this Act shall cease to have effect,
2 3 . This Act shall cease to have effect upon the date specified in a proclamation published under the last preceding section, or, if no such proclamation has been published, then upon the thirty-first day of December, one thousand nine hundred and twenty-nine.
S C H E D U L E
P A R T I .
Rules for elections of members of the board to represent the owners
of stock.
1. Every member who vacates his office shall, if otherwise qualified, be eligible fur re-election or reappoin tment .
2. A t every election the chai rman ex officio, or some other person appointed by the board, or. if there is no board or chai rman or no
person is appointed by the board, then such person as the Governor
appoints, shall be the r e tu rn ing officer.
3. As soon as convenient ly may be af ter the appo in tmen t of a r e tu rn ing
officer,
the
Government
Stat is t ic ian
shall
furnish
the
r e tu rn ing officer wi th a list in a lphabet ical order, showing— (a) the name of every owner of cattle or of sheep or of sheep and
ca t t le ent i t led to vote ; (b) the name or description of every holding of such o w n e r s ;
(c) the number of stock returned for every such holding according
to the latest s t a tu to ry r e t u r n s : and (d) the number of votes to which every such owner is ent i t led.
Such list shall be certified by the Government Sta t i s t ic ian by wri t ing under his hand to be correct, and. when so certified, shall be the roll of electors to be used a t the first election, and shall be conclusive evidence of the r ight of all persons to vote the rea t .
4. (1) For the purposes of elections after the first, t he secretary of the board shall, as soon as pract icable after the last day of Augus t nex t preceding the election of members or such other day as is proscribed, prepare an alphabetical list containing the name and par t icu lars of the place of abode of every person who is ent i t led to vote a t elections of members represent ing the owners of stock, and , in such list, shall set opposite the name of every person the number of votes to which he is ent i t led .
Such list shall be certified by the secretary by wr i t ing under his hand to be correct, and, when so certified, shall be conclusive evidence of the r ight of every person named therein to vote.
(2) The said list, when so certified, shall be delivered by t he secretary to the re tu rn ing officer, and shall be the roll of electors to be used a t elections, and such roll shall cont inue in force unt i l a new roll is made.
5. On or before the first day of November in the year of the election, the re tu rn ing officer shall give public notice of the election by adver t i sement in some newspaper.
Such notice shall specify a day not less than fourteen nor more t h a n forty days after the publicat ion of such notice as the day of nominat ion of candidates to represent the cat t le interest , the sheep interest , and the lamb interes t respectively, and shall require t he candidates a t such election to be nominated at some place named in such notice in manner hereinafter ment ioned.
6. The place appointed for the nominat ion of candidates for election, and for the declaration of the result of the election, shall, whenever practicable, be at the office for the t ime being of the board.
7. ( 1 ) I n order t h a t a person may become a candidate a t an election, he shall be nominated by not less t h a n twen ty persons ent i t led to vote a t such election in manner following, t h a t is to say,—Before four o'clock in the afternoon of the day nex t preceding the day of nomina tion there shall be delivered to the re tu rn ing officer, a t the place appointed, a nomination-paper, signed by the persons nominat ing him.
(2) Every nominat ion-paper shall be in the following form or to
the like effect, t h a t is to say,—• Nomination-paper.
The day of We, the undersigned, electors of the State Meat Advisory Board, hereby nominate [stating Christian name, and surname] of as a candidate for the office of member of the board to represent the cattle interest or sheep interest or lamb interest as the case may be.
[Hire are to follow the signatures.]
8. The r e tu rn ing officer shall, a t all t imes between the hours of nine o'clock in the forenoon and four o'clock in t h e afternoon upon each day between the giving of a public notice of an election and the day of nomina t ion named therein, keep posted outside the place appointed for the delivery of nomination papers the names of all persons who have a l ready become candidates a t such election in t he cat t le in te res t , the sheep and the lamb interest respectively.
9. Every person who—
(1) procures himself to be nominated as a candidate for the officeof a member of t he board, knowing himself to be under this
A c t incapable of being or cont inuing such member ; or(2) knowingly signs a nominat ion-paper nominat ing or purpor t ing to nominate as a candidate for such office a person incapable of being or cont inuing such member : or
(3) knowing t h a t he is no t qualified to vote a t an election of members , signs a nomination-paper nomina t ing a n y person as a candida te a t such election ;
shall be liable to a penal ty not exceeding fifty pounds.
10. If a t the expirat ion of the t ime limited for t he nominat ion of candidates the number o f persons who are duly nominated in a n y interest does not exceed the number of members to be elected in t h a t interest the r e tu rn ing officer shall, at noon on the day of nominat ion , a t the place aforesaid, publicly declare such candidates to be duly elected, and they shall be elected accordingly.
11. If a t the expirat ion of the t ime limited for the nomination of candidates the number of candidates nominated in any interest exceeds the number of members to be elected in tha t interest , the re tu rn ing officer shall, at noon on the day of nominat ion, a t the place aforesaid, publicly announce the names of the candidates , and also a day (not being less t h a n twen ty nor more than forty days from the day of nominat ion on which the poll shall close as hereinafter provided, and also the place a t which the votes will be examined and the result of the election ascertained.
The r e tu rn ing officer shall also forthwith give public notice by adver t i sement in some newspaper, s ta t ing the names of the candidates and the day on which the poll will close, and naming also the place a t which the votes will be examined.
12. If the re tu rn ing officer is prevented from a t t end ing to a n y of his dut ies by illness or other sufficient cause, he may, o r in case of his refusal or inabil i ty the secretary shall, by wr i t ing under his hand , appoint a subs t i tu te to act for him ; and such subs t i tu te shall thereupon for the t ime being have, perform, and be subject to all the [lowers, author i t ies , dut ies , and liabilities of the principal . 13. If a poll is required to be t aken , t he r e tu rn ing officer shall forth with after the day of nomination t ransmi t by post to every person enti t led to vote at the election a vo t ing-paper ; or, if a voter appears by the roll of electors to be ent i t led to give more votes than one, then so many voting-papers as are equal to the number of votes which such voter is ent i t led to give. All owners of stock who are ent i t led to vote shall be ent i t led to vote for members to represent the cat t le in teres t , to represent the sheep interest , and to represent the lamb interest .
The envelopes containing the voting-papers so posted by the r e tu rn ing
officer shall be endorsed with the words " S ta te Meat Advisory Board
Vot ing paper ." Every voting-paper shall contain the names in full, in a lphabet ical
order, of all the candidates for election, placing them in three sections,
namely
namely, the ca t t le in teres t , the sheep interest , and the lamb interest , and shall be init ial led by the re tu rn ing officer, and shall be in the following form, or to the like effect, t ha t 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 returning officer, must he placed in a closed envelope addressed to the returning officer and endorsed " State Meat Advisory Hoard 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 full], of , am an elector, and
am entitled to vote at the election of [insert number of members to lie elecbed]
member [or members] of the Board, which is to take place at [state place of
| nomination] and closes on the | day of |
Elector.
Witness :
Elector (J.P. or Returning Officer)
N A M E S OK CANDIDATES.
(Strike out the names of the candidates in each interest for whom you
do not wish to vote.)
Cattle interest.
A R C H E R , THOMAS B R O W N , A L E X A N D E R DOE. JOHN HARKER,
W I L L I A M , &c. Sheep Merest.
J O N E S , J A M E S ROE, R I C H A R D SMITH, C H A R L E S THOMPSON, HENRY Lamb interest
H E N R Y , C H A R L E S J O H N S , W I L L I A M
M U R P H Y , M A R K W I L L I A M S , A R C H I B A L D
14, Every voting-paper so t ransmi t t ed to a voter shall be accom panied by an unsealed envelope addressed to the re turn ing officer a t t he place of nomination, and endorsed with the words "S ta te Mea t Advisory Board Voting-paper ."
15. I n p r in t ing voting-papers, regard shall be had to the following rules, t h a t is to say,—
(a)
The name of every candidate shall be printed in plain capital l e t te rs of not smaller than pica type ;
(b) The name of one candidate only shall be pr in ted in one line ;
( c )
(c)
On each side of every such line there shall be a blank space of not less than one quar te r of an inch ;
(d)
Reasonable space shall be left for the signature of the voter and of the witness to the voter 's declarat ion ;
(e)
If two candidate; have the same surname and christian name, the residence and occupation of each such candidate shall ha added to bis name.
16. Before post ing t he voting-papers, the r e tu rn ing officer shall cause
the form of the declarat ion on each voting-paper to be filled in w i t h —(1) The chris t ian name and su rname in full, when known, of the
person ent i t led to v o t e ;
(2) The place and residence or place of business of the person
cut i t led to vote ;
(3) The place of nominat ion ;
( 4 ) The number of members in each in teres t to be elected ; and
( 5 ) The da te on which the poll will close.
17. If a candida te desires to re t i re from his candida ture , be m a y , before any of the voting-papers are posted, sign and deliver to t he re tu rn ing 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 Witness, C.D. (Signed) A.B. The re turn ing officer, on the receipt of such notice, shall make known as publicly as possible, by adver t i sement or otherwise, the fact of the candidate 's re t i rement , and , if the number of candidates is, by his re t i rement , reduced to the number of persons to be elected at the election, shal l , as soon as convenient ly 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 cand ida te so re t i r ing from the voting-papers.
18. The voter shall s t r ike out from the voting-paper the name of every then sign such paper in the presence of some other person qualified to vote
candidate in each in teres t for whom he does not wish to vote, and shall
a t the same election, or a justice of the peace, or the r e tu rn ing officer.
H e shall then place the voting-paper in a closed envelope addressed
to the re tu rn ing officer at the place of nominat ion and endorsed witht h e words aforesaid, and shall t r ansmi t t he same by post.
19. The s ignature or mark of a voter who cannot wri te mus t be a t te - ted by a justice of the peace or the r e tu rn ing
officer.
No person who canno t wr i te shall be competent to a t t e s t t he s igna ture of a voter.
20. N o person who is a candida te or the agent of a candida te a t the election shall a t t es t the s igna ture of a voter to a voting-paper for use in the election. An d any such person who so witnesses a s igna ture shall be liable to a penalty not exceeding twen ty pounds, but the vote shall not be thereby inval idated.
2 1 ,
21 . A t any t ime before three o'clock in the afternoon of the day nex t preceding the day appointed for closing the poll, the r e tu rn ing officer may issue a second or duplicate voting-paper to any voter whose original voting-paper has miscarried or has been destroyed :
Provided t h a t the voter shall first make a declaration before the re tu rn ing officer t h a t he has no t received the original voting-paper or t h a t i t has been destroyed, and t h a t he has not a l ready voted a t the election.
22. The re turn ing officer may at the request of a voter s t r ike out from the voting-paper t he name of any candidate for whom the voter does no t wish to vote, and may a t t e s t the s ignature of a voter , bu t the r e tu rn ing officer shall not personally receive any vote except through the post as hereinbefore provided.
23 . N o candidate or agen t of a candidate shall receive or take any voting-paper or envelope containing a voting-paper from a voter.
A n y such person who so takes or receives a voting-paper or envelope containing a voting-paper from a voter shall be liable to a penal ty not exceeding twen ty pounds, and the election of a candidate who or whose agent so takes or receives a voting-paper or envelope containing a voting-paper shall be void.
24. Each candidate may appoint one person to be his scrutineer a t the place appointed for the examinat ion of the voting-papers.
25. The re tu rn ing officer shall a t four o'clock in the afternoon of the day appointed for closing the poll and a t the place of nominat ion, in the presence of such candidates and scrutineers as may a t t e n d , examine and count the number of votes received for each candidate in each interest , and shall make out a wr i t t en s t a tement , signed by himself and countersigned by any scrut ineers 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 a t the same t ime and place declare the names of the candidates elected in each interest , and shall for thwith thereaf ter certify to the secretary and to the Minister , by wri t ing under his band, the names of the candidates so elected in each in teres t , and the date of the declaration of the result of the election.
| A t the t ime of opening the ballot-box the r e tu rn ing officer shall produce for the information of the scrut ineers an alphabetical list, signed by him, of all persons to whom he has posted or issued voting- papers. |
26. A t the examinat ion of the voting-papers, every voting-paper which —
(a) does not bear the init ials o the re tu rn ing officer ; or
(b)
is not signed by the voter and attested in the manner prescribed ; or
(c) is manifestly i r regular ; or
(d) is signed by any person other ban a qualified vo te r ; or
(e)
contains a greater or less number of nanus of candidates no t s t ruck out in any in teres t t han the number of members to be elected m t h a t in teres t ; or
(0
(f)
is so imperfectly executed that the intention of the voter cannot with ce r ta in ty be ascertained,
shall be rejected.
27. A t the examinat ion of the voting-papers the re tu rn ing officer shall, upon the alphabet ical list aforesaid, make a mark agains t the name of the voter who voted.
28. If the number of votes for two o r more candidates in the same; in teres t is found t o be equal, the re turn ing officer shall decide by his cast ing vote which shall be elected.
29. The re tu rn ing officer shall for thwith, after the declaration of the result of the election, make up in one packet all the voting-papers, together with the alphabetical list o f voters signed by him as aforesaid, and shall securely fasten and seal up such packet , and also permit the same to be sealed by the scrut ineers present if they so desire, and shall endorse upon i t when s o sealed a description of the contents thereof and the da te o f closing the poll, and shall sign such endorsement with his name, and shall cause such sealed packet to be delivered t o the secretary, who shall safely keep the same for twelve months after the receipt thereof.
A t the expira t ion of such period of twelve months the cha i rman shall cause the voting-papers to be destroyed in the presence of a t least two members of the board.
If any question a t any t ime arises touching the votes alleged to have been given at any election, the voting-papers contained in any such sealed packet shall be received in evidence as proof of such votes in any court of justice upon product ion thereof and upon proof t h a t t he same were t ransmi t ted to t he secretary in due course by the
r e tu rn ing officer. 30. (1) If re turn ing officer or any scrutineer in the discharge of his dut ies under th is Ac t a t or concerning an election learns for wha t cand ida te any voter has voted a t such election, he shall not by word or act or any other means whatsoever direct ly or indirect ly divulge or discover or aid in divulging or discovering the fact, save in answer t o some quest ion which he is legally bound to answer.
Every such r e tu rn ing officer or scrut ineer who knowingly and wilfully offends against this provision shall be liable to a penalty not
exceeding one hundred pounds.
(2) If a scrut ineer makes any mark upon any list of voters or makes or writes any note or memorandum denot ing or whereby be can know or remember f o r what candida te any voter has voted at an election, he shall be liable to a penal ty not exceeding one hundred pounds.
31 . Every person who wilfully in t rudes in to the room appointed for the examinat ion of the voting-papers, o ther than the r e tu rn ing officer, the candidates , and the scrut ineers , shall be liable to a penal ty not exceeding fifty pounds.
82. Every r e tu rn ing officer shall have power and au thor i ty to main ta in and enforce order and to keep the peace a t any election held before him, and may without any other war ran t than this Ac t cause to be arres ted and removed and taken before a just ice of the peace any
person
person who causes a d is turbance a t the election, or who in t rudes into or obstructs the approaches to the room appointed for the examinat ion of the voting-papers, or c o n d u c t s himself in a disorderly m a n n e r ; and all police officers shall aid and assist the r e tu rn ing officer in the performance of his duty . Any person so brought before such justice shall, if no other penal ty is provided under this Act, be liable to a penal ty not exceeding ten pounds.
33. Every person act ing as re tu rn ing officer at an (lection who is gui l ty of any wilful misfeasance or wilful or negligent act of commission or omission contrary to any of the provisions of this Ac t shall for every such offence bo liable to a penal ty not exceeding fifty pounds.
34. N o election shall be liable to be questioned by reason of any defect in the t i t le or any want of t i t le of any person before whom such election is held if such person really acted a t the election, nor by reason of any formal error or defect in any declaration or o ther ins t rument or in any publication made under this Act or in tended to be so made, nor by reason of any such publication being out of time.
N o election shall be void in consequence solely of any delay in holding the election a t the t ime appointed, or in tak ing the poll, or in consequence of any impediment of a merely formal na ture , and the Governor may adopt such measures as may be necessary for removing any obstacle of a merely formal na tu re by which the due course of any election might be impeded :
Provided t h a t the, val idi ty of the election and the measures so t aken shall be for thwi th declared by the Governor by Proclamation.
35. All reasonable expenses of or incident to any election, incurred
by the re tu rn ing officer, shall be repaid to him by the board out of
| t he | fund. |
P A R T I I .
Rules relatimj to the election of members of the board to represent
meal works,
1. The r e tu rn ing officer shall be the person referred to in section two of P a r t I of this schedule.
2. The secretary shall p repare a roll of voters, and this roll, when
certified by him in wr i t ing and approved by the Minister , shall be
| conclusive evidence of the r ight of every person named therein to vote. | 3. Candidates shall be nominated by wri t ing under the band or seal |
of three persons ent i t led to vote.
4. The day of nomination and the day for closing the poll and count ing the vote* shall be the same as those fixed for elections of representa t ives of t he owners of stock.
| 5 . Subject to the above provisions, the rules, forms and direct ions contained in P a r t I of this Schedule shall, mu ta t i s mutand i s , apply | to |
| elections of members of the board to represent meat works. |
GOVERNMENT
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