Pearl-shell Overseas Marketing (Poll and Election of Board) Regulations (Cth)
STATUTORY RULES.
REGULATIONS UNDER THE PEARL-SHELL OVERSEAS MARKETING ACT 1927.
I,
THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, do hereby make the following
Regulations under the
30th day of June 1927.
Governor-General.
By His Excellency’s Command,
Minister of State for Markets and Migration.
Pearl-shell Overseas Marketing (Poll and Election of Board) Regulations.
Part I.—Preliminary.
Part II.—Enrolment.
Part III.—Nominations for Board.
Part IV.—Voting.
Part V.—Scrutiny.
Part VI.—Disputed Elections.
Part VII.—Offences.
“The Act” means the Pearl-shell Overseas Marketing Act 1927;
“The Minister” means the Minister for Markets and Migration;
“Officer” means an officer of the Department of Markets and Migration;
“Candidate” means any person nominated for election as a member of the Board;
“Voter” means a producer or a representative of a producer entitled to vote at the election;
“The poll” means the poll of producers under section 2 of the Act;
“Representative of a producer” means a person who has been duly appointed a representative of a firm or company which is a producer;
“The election” means the election of members of the Board in pursuance of sub-section (2) of section 4 of the Act.
C.6002.—Price 6d.
(2) Any reference in these Regulations to a form shall be read as a reference to a form in the schedule to these Regulations.
(2) The Minister may, if he thinks it desirable, in order to expedite the taking of the poll and the holding of the election, appoint Deputy Returning Officers to act under the direction of the Returning Officer.
(2) For the purpose of this regulation, where two or more companies have the same board of directors, those companies shall be deemed to be one company.
(2) A nomination shall be lodged with the Returning Officer on or before the day fixed in that behalf by the Minister.
9.—(1) A nomination of a member of the Board to be elected by the producers of the State of Queensland and the Territory of North Australia shall be in accordance with Form B and shall be signed by not less than five producers or representatives of producers entitled to vote at the election for which the candidate is nominated.
(2) A nomination shall be lodged with the Returning Officer on or before the day fixed in that behalf by the Minister.
(
a ) the person nominated consents to act if elected; and(
b ) the nomination-paper is received by the Returning Officer on or before the day fixed in that behalf by the Minister.
(2) If the number of candidates nominated is greater than the number required to be elected a vote shall be taken to decide the election.
(2) Notwithstanding anything contained in this regulation, where, in the opinion of the Minister, such circumstances exist as render it necessary to alter the date fixed for the close of the poll and the election the Minister may alter that date, and that date, as so altered, shall be the date fixed for the close of the poll and the election.
(
a ) the name in full of the producer who is entitled to vote; and(
b ) the date fixed for the close of the poll and the election.
(2) No ballot-paper sent by post to the Returning Officer shall be accepted by the Returning Officer unless the postage on the ballot-paper has been fully prepaid.
(2) Each candidate for the Board may by notice in writing or by telegram addressed to the Returning Officer appoint one scrutineer to represent him at the scrutiny and such notice or telegram shall be signed by the candidate and shall give the name and address of the scrutineer.
(
a ) open the ballot-box and produce unopened all envelopes containing ballot-papers received by the Returning Officer up to that hour;(
b ) examine each envelope and if the declaration is in the opinion of the Returning Officer or Deputy Returning Officer, signed by the voter and is duly attested, accept the vote for further scrutiny but if not so signed and attested disallow the ballot-paper without opening the envelope;(
c ) place the envelopes containing the disallowed ballot-papers in a parcel, seal the parcel, and endorse it “Pearl-shell Overseas Marketing (Poll and Election of Board), Votes Rejected at Preliminary Scrutiny” and add his signature and the date;(
d ) number consecutively from one upwards, and initial each envelope accepted for further scrutiny on the address side thereof, and place it on a table before him so that the address side only shall be visible;(
e ) withdraw from each envelope each ballot-paper contained therein and without unfolding it or inspecting the vote or permitting any other person to do so, place thereon a number corresponding with that placed on the envelope from which it was withdrawn, initial the number, and forthwith deposit it in a locked and sealed ballot-box for further scrutiny; and(
f ) place the envelope in a parcel, seal the parcel and endorse it “Pearl-shell Overseas Marketing—Poll and Election of Board—Envelopes from which ballot-papers have been withdrawn” and add his signature and the date.
(2) In the election of the member of the Board to represent the producers of the State of Western Australia or the State of Queensland and the Territory of North Australia, as the case may be the scrutiny shall be conducted in the following manner:—
(1) The Returning Officer or such Deputy Returning Officer as the Returning Officer appoints in that behalf shall, in the
presence of an officer appointed by the Returning Officer, and of such authorized scrutineers as may attend, count the first preference votes given for each candidate on all unrejected ballot-papers.
(2) The candidate who has received the largest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected.
(3) If no candidate has received an absolute majority of first preference votes, the Returning Officer or the Deputy Returning Officer, as the case may be, shall proceed with the scrutiny and the counting of the votes as follows:—
(i) the candidate who has received the fewest first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in the order of the voter’s preference;
(ii) if no candidate then has an absolute majority of votes, the process of excluding the candidate who has the fewest votes and counting each of his ballot-papers to the unexcluded candidate next in the order of the voter’s preference, shall be repeated until one candidate has received an absolute majority of votes; and
(iii) the candidate who has received an absolute majority of votes shall be elected.
(4) If on any count two or more candidates have an equal number of votes, and one of them has to be excluded, the Returning Officer shall decide which shall be excluded; and if in the final count two candidates have an equal number of votes, the Returning Officer shall decide which shall be elected.
(5) In this regulation an absolute majority of votes means a greater number than one-half of the whole number of ballot-papers other than informal ballot-papers. The decision of the Returning Officer, given in pursuance of the last preceding sub-regulation shall, in reckoning an absolute majority of votes, be included as if it were a vote.
(2) If the Returning Officer refuses, on the request of a candidate, to direct a recount of any ballot-papers, the candidate may, in writing, appeal to the Minister to direct a recount of those ballot-papers, and the Minister may, as he thinks fit, either direct a recount of the ballot-papers or refuse to direct a recount.
(2) The officer conducting a recount may, and at the request of any scrutineer shall, reserve any ballot-paper for the decision of the Returning Officer.
(3) The Returning Officer shall decide whether any ballot-paper, reserved for his decision in pursuance of this section, is to be allowed and admitted or disallowed and rejected.
(
a ) it is not initialed by the Returning Officer;(
b ) it has no vote marked on it;(
c ) it is so imperfectly marked that the intention of the voter is uncertain; or(
d ) it is not marked in accordance with the directions on the voting-paper.
(
a ) in favour of thePearl-shell Overseas Marketing Act 1927 being brought into operation;(
b ) not in favour of thePearl-shell Overseas Marketing Act 1927 being brought into operation; and(
c ) rejected as informal.
(2) The Returning Officer shall make out a further statement showing the result of the election and the names of the candidates elected.
(3) The statements referred to in
sub-section (1) and (2) of this regulation shall be transmitted to the
Minister, who shall announce the results of the poll and the election and cause
notice of the results to be published in the
(4) The notices published in the
(
a ) place in a separate parcel all the ballot-papers received by the Returning Officer which have been rejected as informal, together with the envelopes from which they were withdrawn; and(
b ) place in a separate parcel all the unrejected ballot-papers received by the Returning Officer together with the envelopes from which they were withdrawn and the copy of the roll used for the poll and the election, and endorse on each parcel a description of the contents thereof, add his signature and the date and shall retain the parcels until the authority of the Minister has been obtained for the destruction of the contents thereof.
Penalty: Fifty pounds.
(
a ) set out the facts relied on to invalidate the roll, election, statement or notice;
(
b ) contain a prayer asking for the relief to which the petitioner claims to be entitled;(
c ) be signed by a candidate at the election in dispute or by a person who was qualified to vote thereat;(
d ) be attested by two witnesses whose occupations and addresses are stated; and(
e ) be filed in the Principal Registry of the High Court or in the District Registry of that Court in the capital city of the State in which the petitioner resides within thirty days after the publication in the Gazette of the notice of the result of the poll or election.
(i) To adjourn;
(ii) to compel the attendance of witnesses and the production of documents;
(iii) to grant to any party to a petition leave to inspect in the presence of an officer the rolls and other documents (except ballot-papers) used at or in connexion with any election and to take, in the presence of the officer, extracts from those rolls and documents;
(iv) to examine witnesses on oath;
(v) to declare that any person who was returned as elected was not duly elected;
(vi) to declare any candidate duly elected who was not returned as elected;
(vii) to declare any poll or election absolutely void;
(viii) to dismiss or uphold the petition in whole or in part; and
(ix) to award costs.
(2) The Court may exercise all or any of its powers under this section on such grounds as the Court in its discretion thinks just and sufficient.
(3) Without limiting the powers conferred by this section, it is hereby declared that the power of the Court to declare that any person who was returned as elected was not duly elected, or to declare a poll or an election absolutely void, may be exercised on the ground that illegal practices were committed in connexion with the poll or election.
(
a ) that he claimed to vote, in the poll or the election, pursuant to these Regulations; and(
b ) that he complied with the requirements of these Regulations relative to voting by producers or representatives of producers in so far as he was permitted so to do.
(2) In no case shall more than one counsel or one solicitor appear on behalf of any party.
(1) If any person returned is declared not to have been duly elected, he shall cease to be a member of the Board;
(2) If any person not returned is declared to have been duly elected, he shall become a member of the Board;
(3) If any poll or election is declared absolutely void a new poll or election shall be held.
(2) The poll or the election shall not be disputed by reason of any defect in the title or any want of title of any Returning Officer or Deputy Returning Officer, if that person really acted at the poll or the election, or by reason of any formal error or defect in any statement, notice, instrument or publication made under these Regulations or intended to be so made, or by reason of any act or thing not being done at or within the prescribed time.
Penalty: Fifty pounds.
(2) An election shall be deemed to have wholly failed if no candidate is nominated or returned as elected.
(3) An election shall be deemed to have partially failed whenever one or more candidates is returned as elected, but not the full number required to be elected.
Penalty: Fifty pounds.
(
a ) he has satisfied himself as to the identity of the person;(
b ) he has seen the person sign the declaration in his, the person’s own handwriting; and(
c ) he knows that the statements contained in the declaration are true, or has satisfied himself by inquiry from the person or otherwise that the statements contained in the declaration are true.
Penalty: Fifty pounds.
(
a ) falsely impersonates any person or body of persons to secure a voting-paper to which the personator is not entitled; or(
b ) personates any other person or body of persons for the purpose of voting; or(
c ) fraudulently destroys or defaces any voting-paper; or(
d ) except where authorized by these Regulations, votes more than once at the poll,
shall be guilty of an offence.
Penalty: Fifty pounds.
THE SCHEDULE.
Form A.
COMMONWEALTH OF AUSTRALIA.
Nomination of member of the pearl-shell overseas marketing board to Represent the Producers of the State of Western Australia.
To the Returning Officer—
We, the undersigned, being producers of the State of Western Australia entitled to vote at the election of the member of the Pearl-shell Overseas Marketing Board to represent the producers of the State of Western Australia, do hereby nominate [here insert the christian name or names in full, surname, place of residence, and occupation of person nominated] as a member of the Board to represent the producers of the State of Western Australia.
Signature of Nominator. | Place of Living. | Date of Signature. | Witness to Signature. |
I of consent to the above nomination and to act if elected.
Signature of Candidate—
Witness—
Address—
N.B.—The candidate’s consent to the nomination may be on a separate paper and in any form but if given on the nomination-paper in the above form its sufficiency is not to be questioned.
A nomination must be signed by not less than five producers or representatives of producers of the State of Western Australia entitled to vote at the election for which the candidate is nominated.
Form B.
COMMONWEALTH OF AUSTRALIA.
Reg. 9.
Nomination of Member of the Pearl-shell Overseas Marketing Board to Represent the Producers of the State of Queensland and the Territory of North Australia.
To the Returning Officer—
We, the undersigned, being producers of the State of Queensland or the Territory of North Australia entitled to vote at the election of the member of the Pearl-shell Overseas Marketing Board to represent the producers of the State of Queensland and the Territory of North Australia, do hereby nominate [here insert the christian name or names in full, surname, place of residence and occupation of person nominated] as a member of the Board to represent the producers of the State of Queensland and the Territory of North Australia.
Signature of Nominator. | Place of Living. | Date of Signature. | Witness to Signature. |
I of consent to the above nomination and to act if elected.
Signature of Candidate—
Witness—
Address—
N.B.—The candidate’s consent to the nomination may be on a separate paper and in any form, but if given on the nomination-paper in the above form its sufficiency is not to be questioned.
A nomination must be signed by not less than five producers or representatives of producers of the State of Queensland and the Territory of North Australia entitled to vote at the election for which the candidate is nominated
Form C.
COMMONWEALTH OF AUSTRALIA.
Reg. 17.
Poll and Election of the Member of the Board to Represent the Producers of the State of Western Australia.
I of
declare
that I am *the owner *or authorized to act for (
of
the member of the Board to represent the producers of the State of Western
Australia which closes on the day of 1927
under the provisions of the
Personal Signature of Voter—
Signed before me this day of 1927.
Signature of Authorized Witness—
Address of Authorized Witness—
Title under which Witness acts as Authorized Witness—
The following persons are authorized witnesses, namely:—The Returning Officer and all Deputy Returning Officers appointed in connexion with the poll and the election; all ministers of religion; all postmasters, postmistresses and postal officials, and all other permanent officers of the Public Service of the Commonwealth or of a State; all magistrates and justices of the peace; all teachers in charge of a school; all members of the Police Force; all legally qualified medical practitioners; all legal practitioners; all bank managers; and all railway stationmasters.
Form D.
COMMONWEALTH OF AUSTRALIA.
Reg. 17
Poll and Election or the Member of the Board to Represent the Producers of the State of Queensland and the Territory of North Australia.
I
of declare that 1 am *the owner *or authorized to act for (
Personal Signature of Voter—
Signed before me this day of 1927.
Signature of Authorized Witness—
Address of Authorized Witness—
Title under which Witness acts as Authorized Witness—
The following persons are authorized witnesses namely:—The Returning Officer and all Deputy Returning Officers appointed in connexion with the poll and the election; all ministers of religion; all postmasters, postmistresses and postal officials, and all other permanent officers of the Public Service of the Commonwealth or of a State; all magistrates and justices of the peace; all teachers in charge of a school; all members of the Police Force; all legally qualified medical practitioners; all legal practitioners; all bank managers; and all railway stationmasters.
Form E.
COMMONWEALTH OF AUSTRALIA.
Reg. 22.
Voting-paper.
If he is in favour of the
If he is not in favour of the
YES.
NO.
Note.—Unless the vote is marked on this voting-paper and is received by the Returning Officer at or before 4 o’clock in the afternoon of the day fixed for the close of the poll (namely, the day of 1927), it will not be admitted to the scrutiny.
N.B.—If this voting-paper is sent to the Returning Officer by post the postage thereon must be fully prepaid otherwise the voting-paper will not be accepted by the Returning Officer.
Form F.
COMMONWEALTH OF AUSTRALIA.
Reg. 23.
Election or Member of the Board to Represent the Producers of the State of Western Australia (or the State of Queensland and the Territory of North Australia, as the case may be).
Ballot-paper.
Candidates.
BROOKMAN, John.
CRANE, Joseph.
FRENCH, Charles.
KING, William.
WILSON, Henry.
Note.—Unless the vote is marked on the ballot-paper and is received by the Returning Officer at or before 4 o’clock in the afternoon of the day fixed for the close of the election (namely, the day of 1927), it will not be admitted to the scrutiny.
N.B.—If this ballot-paper is sent to the Returning Officer by post the postage thereon must be fully prepaid otherwise the voting-paper will not be accepted by the Returning Officer.
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
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