Wheat Industry Stabilization (Election of Board) Regulations (Cth)
REGULATIONS UNDER THE WHEAT INDUSTRY STABILIZATION ACT 1946-1948.*
I, THE
GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the
advice of the Federal Executive Council, hereby make the following Regulations
under the
Dated this first
day of September , 1949.
W.J
Governor-General.
By His Excellency's Command,
Minister of State for Commerce and Agriculture.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS.
PART I.
Part I.─ Preliminary. (Regulations 1-5.)
Part II. ─Enrolment of voters. (Regulations 6-8.)
Part III. ─ Nominations. (Regulations 9-15.)
Part IV. ─Voting. (Regulations 16-23.)
Part V. ─Scrutiny. (Regulations 24-37.)
Part VI. ─Disputed elections. (Regulations 38-42.)
Part VII. ─Miscellaneous. (Regulations 43-49.)
" candidate " means a candidate nominated for election as a member of the Board ;
" Deputy Returning Officer " means a Deputy Returning Officer appointed under regulation 4 ;
" election " means an election of one or more wheat growers representing wheat growers in pursuance of paragraph (
b ) of sub-section (3.) of section 7 of the Act ;" member " means a member of the Board;
" poll " means a poll taken in pursuance of regulation 15 ;
" representative " means a wheat grower representing wheat growers in a State, elected in pursuance of these Regulations ;
*Notified in the
2464.—PRICE 8D. 10/2.8.1949.
" roll " means a roll prepared and maintained in pursuance of these Regulations ;
" State poll " means a poll of wheat growers taken by a State on the question of wheat stabilization ;
" the Act " means the
Wheat Industry Stabilization Act 1946-1948;" the Chief Electoral Officer " means the Chief Electoral Officer for the Commonwealth ;
" the Returning Officer " means the Returning Officer under regulation 4 and includes a Deputy Returning Officer ;
" voter " means a person whose name appears upon a roll.
(2.) In these Regulations, any reference to a regulation shall be read as a reference to a regulation contained in these Regulations, and any reference to a Form shall be read as a reference to a Form contained in the Schedule to these Regulations.
(2.) The Returning Officer shall appoint a Deputy Returning Officer for each State, who may, subject to the control of the Returning Officer, exercise all the powers of the Returning Officer in relation to the State for which he is appointed.
PART II.─ ENROLMENT OF VOTERS.
(2.) A person shall not have his name included in the roll of wheat growers for a State unless─
(
a ) his name appears on a roll of wheat growers for that State prepared or used during the year which commenced on the first day of January, 1948, for the purposes of a State poll ; or(
b ) he has submitted a duly completed claim for enrolment in Form A and that claim has been received by the Deputy Returning Officer for that State.
PART III.─NOMINATIONS.
(
a ) his name appears on the roll for that State ;(
b ) he is eligible for nomination for election as a member of the Parliament of the Commonwealth ; and(
c ) he has been duly nominated.
(
a ) the person nominated ─(i) consents to act, if elected ; and
(ii) declares that he is qualified under these Regulations to be elected ; and
(
b )the nomination is received by the Returning Officer or Deputy Returning Officer on or before the date, or later date (if any), fixed by the Minister in pursuance of this regulation.
(2.) The Minister shall fix a date on or before which nominations shall be lodged, and, if, at any time after fixing that date, the Minister is satisfied that circumstances exist which render it necessary or desirable to alter the date so fixed, the Minister may fix a later date on or before which nominations shall be lodged, and that later date shall be substituted for the date originally fixed.
(3.) The Minister shall
notify in the
(2.) If the number of candidates nominated in respect of any election is greater than the number of candidates required to be elected a poll shall be taken to decide the election.
PART IV.─VOTING.
(2.) The Minister shall
notify in the
(3.) The poll shall close at four o'clock in the afternoon on the date fixed by the Minister in accordance with this regulation.
(2.) A ballot-paper may be in accordance with Form D.
(3.) The names of candidates shall be set out on the ballot-papers in such order and with such descriptions or additions (if any) as the Returning Officer thinks fit.
(
a ) the Christian names in full (if known), or the initials, and the surname of the voter ;(
b ) the place of residence or place of business of the voter ; and(
c ) the date fixed for the close of the poll.
PART V.─SCRUTINY.
(
a ) keep a locked and sealed ballot-box having marked thereon the words " Australian Wheat Board Ballot-Box--Ballot papers received from Voters ", and such additional words as are in his opinion necessary to indicate the particular election for which the ballot-box is to be used ; and(
b ) place and keep in the ballot-box until the scrutiny all envelopes containing ballot-papers relating to that election which are received by him before the time fixed for the the close of the poll.
(2.) Where the envelope containing any ballot-paper is posted to the Returning Officer, but the postage thereon is wholly unpaid or insufficiently prepaid, the Returning Officer shall refuse to accept that envelope and ballot-paper, and that envelope and ballot-paper shall be deemed not to have been received by the Returning Officer within the meaning of this regulation.
(
a ) open the ballot-box and produce unopened all envelopes containing ballot-papers contained therein ;(
b ) examine each envelope, and if the declaration is, in the opinion of the Returning Officer, signed by a person whose name is on the roll and who has not previously voted at the poll, and is duly attested, accept the vote for further scrutiny, but if any declaration is not so signed or attested he shall disallow the ballot-paper without opening the envelope ;(
c ) place the envelopes containing the disallowed ballot-papers in a parcel, seal the parcel, endorse it " Australian Wheat Board Election─Election of one representative (or two representatives, as the case may be) of wheat growers for the State of (here insert name of State )— Votesrejected at Preliminary Scrutiny " and add his signature and the date ;(
d ) number consecutively (from one onwards on the address side of the envelope) each envelope accepted for further scrutiny, and place them on a table before him with the address side of each envelope uppermost ;(
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 thereona number corresponding with that placed on the envelope from which it was withdrawn, and forthwith place each ballot-paper in a locked and sealed ballot-box provided for the purpose of holding ballot-papers relating to that election ; and
(
f )place the envelopes in a parcel, seal the parcel and endorse it " Australian Wheat Board Election─Election of one representative (or two representatives,as the case may be ) of wheat growers for the State of (here insert name of State )— Envelopesfrom which ballot-papers have been withdrawn " and add his signature and the date.
(2.) The Returning Officer shall, in the presence of any persons approved by the Returning Officer and of such scrutineers appointed in pursuance of regulation 26 as attend, count the first preference votes given for each candidate on all ballot-papers not rejected as informal.
(3.) The first vacancy shall be filled in the following manner :─
(
a ) The candidate who has received the greatest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected.(
b ) If no candidate has received an absolute majority of first preference votes, the Returning Officer shall proceed with the scrutiny and the counting of the votes as follows :─(i) The candidate who has received the least number of first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in order of the voter's preference ;
(ii) If no candidate then has an absolute majority of votes, the process of excluding the candidate who has the least number of votes and counting each of his ballot-papers to the continuing candidate next in 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.) The second vacancy shall be filled in the following manner :─
(
a ) The Returning Officer shall re-arrange all the ballot-papers under the names of the respective candidates in accordance with the first preferences indicated thereon, except that each ballot-paper on which a first preference forthe elected candidate is indicated shall be placed in the parcel of the candidate next in order of the voter's preference, and shall then count the ballot-papers in each parcel.
(
b ) If a candidate then has an absolute majority of votes he shall be elected, but if no candidate then has an absolute majority of votes, the scrutiny shall proceed as provided in sub-paragraphs (i) and (ii) of paragraph (b )of the last preceding sub-regulation until one candidate has received an absolute majority of votes :Provided that, in the application of sub-paragraph (i) of that paragraph, any reference to first preference votes shall be read as a reference to all the votes counted to a candidate in pursuance of this sub-regulation.
(
c ) The candidate who has received an absolute majority of votes shall be elected.
(5.) If on any count two or more candidates have an equal number of votes, and one of them has to be excluded, the Returning Officer shall decide which shall be excluded. If, on the final count for filling any vacancy, two candidates have an equal number of votes, the Returning Officer shall decide which shall be elected.
(6.) In this regulation─
" absolute majority " means a number greater than one-half of the whole number of ballot-papers other than informal ballot-papers;
" continuing candidate " means a candidate not already elected or excluded from the count.
(2.) The Returning Officer shall, in the presence of any persons approved by the Returning Officer and of such scrutineers appointed in pursuance of regulation 26 as attend, count the first preference votes given for each candidate on all ballot-papers not rejected as informal.
(3.) The candidate who has received the greatest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected.
(4.) If no candidate has received an absolute majority of first preference votes, the Returning Officer shall proceed with the scrutiny and the counting of the votes as follows─
(
a ) The candidate who has received the least number of first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in order of the voter's preference.(
b ) If no candidate then has an absolute majority of votes, the process of excluding the candidate who has the least number of votes and counting each of his ballot-papers to the continuing candidate next in order of the voter's preference shall be repeated until one candidate has received an absolute majority of votes.(
c ) The candidate who has received an absolute majority of votes shall be elected.
(5.) If on any count two or more candidates have an equal number of votes, and one of them has to be excluded, the Returning Officer shall decide which shall be excluded. If on the final count two candidates have an equal number of votes, the Returning Officer shall decide which shall be elected.
(6.) In this regulation—
" absolute majority " means a number greater than one-half of the whole number of ballot-papers other than informal ballot-papers ;
" continuing candidate " means a candidate not already excluded from the count.
(2.) The notice
published in the
fit, either direct a recount of the ballot-papers or refuse to direct a recount.
(2.) A Deputy Returning Officer conducting a recount may, and at the request of any scrutineer shall, reserve any ballot-paper for the decision of the Returning Officer.
(3.) The Returning Officer shall decide whether any ballot-paper reserved for his decision in pursuance of the last preceding sub-regulation shall be allowed and admitted or disallowed and rejected.
(
a ) it is not initialled by the Returning Officer or Deputy Returning Officer ;(
b ) it has no vote marked on it ;(
c ) it isso imperfectly marked that the intention of the voter is uncertain ; or(
d ) it is not marked in accordance with the directions on the ballot-paper.
(
a ) all the ballot-papers received by the Returning Officer which have been rejected as informal ;(
b ) all the unrejected ballot-papers received by the Returning Officer ; and(
c ) the copy of the roll used for the election,
and shall endorse on each parcel a description of the contents thereof, add his signature and the date, and retain the parcels until authority is given, in accordance with the provisions of regulation 36, for destruction of the contents thereof.
(
a ) wilfully intrude into the room in which the examination of the voting papers is being conducted ; or(
b ) refuse or fail to leave the room when so requested by the Returning Officer.
Penalty: Fifty pounds.
PART VI.─DISPUTED ELECTIONS.
(
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 the petitioner ;(
d ) be attested by two witnesses, whose occupations and addresses shall be stated ; and(
e ) be presented to the Minister within thirty days after the publication in theGazette of the notice of the result of the election.
(
a ) any candidate who was returned as elected was not duly elected ;(
b ) any candidate who was not returned as elected was duly elected ; and(
c ) any election is absolutely void.
(
a ) If any candidate returned as elected is declared not to have been duly elected, he shall cease to be a representative or member of the Board.(
b ) If any candidate not returned as elected is declared to have been duly elected, he shall become a representative.(
c ) If any election is declared absolutely void, a new election shall be held.
PART VIII.─MISCELLANEOUS.
(2.) An 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 in fact acted as such at the election or by reason of any formal error or defect in any statement, notice, instrument or publication made under or in pursuance of 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.
Penalty: Fifty pounds.
(
a ) he has satisfied himself as to the identity of that person ;(
b ) he has seen the person sign the declaration in his 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.
Penalty : Twenty pounds.
(
a ) falsely impersonate any person to secure a ballot-paper to which the personator is not entitled ;(
b ) personate any other person for the purpose of voting at an election ;(
c ) fraudulently destroy or deface any ballot-paper ; or(
d ) vote more than once at an election.
Penalty: Fifty pounds.
THE SCHEDULE.
FORM A. Regulation 6 (2).
COMMONWEALTH OF AUSTRALIA.
CLAIM FOR ENROLMENT BY WHEAT GROWER.
Surname─
Christian names─
Full postal address─
To the Deputy Returning Officer,
(Here insert address.)
I, the abovenamed wheat grower, hereby claim to have my name placed on the roll of wheat growers for the State of to enable me to vote at elections of representatives of wheat growers in the said State for appointment as members of the Australian Wheat Board.
I declare ─
(i) that I am a wheat grower and that during the year delivered wheat to the Australian Wheat Board.
(ii) that the statements made in this Claim are true and correct in every particular.
Signature of grower.
(In own handwriting.)
19 .
Signature of witness
Address of witness
Regulations 45 and 46 of the Wheat Industry Stabilization (Election of Board) Regulations read as follows :─
" 45. A person shall not make any untrue statement in any declaration, or in answer to any question under these Regulations, or in any information supplied to the Returning Officer or any Deputy Returning Officer for the purpose of obtaining a ballot-paper or a further ballot-paper.
Penalty : Fifty pounds.
46. A person shall not witness the signature of any person to any declaration under these regulations unless─
(
a ) he has satisfied himself as to the identity of that person ;(
b ) he has seen the person sign the declaration in his 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.".
FORM B. Regulation 10.
Regulation 12.
COMMONWEALTH OF AUSTRALIA.
NOMINATION FOR ELECTION OF ONE REPRESENTATIVE OR TWO REPRESENTATIVES OF WHEAT GROWERS (AS THE CASE MAY BE) FOR APPOINTMENT AS MEMBERS OF THE AUSTRALIAN WHEAT BOARD.
19 .
To the Returning Officer or the Deputy Returning Officer:
We, the undersigned wheat growers entitled to vote at the election of one representative or two representatives of wheat growers (as the case may be) for appointment as members of the Australian Wheat Board, hereby nominate the following wheat grower to represent wheat growers on the Board for the State of
Christian name or names in full
(In block letters.)
Surname
(In block letters.)
Place of residence Occupation
Signature of Nominator. | Place of Residence. | Date of Signature. | Witness to Signature. |
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10. |
I, of , consent to
act if elected and declare that I am qualified under the Wheat Industry Stabilization (Election of Board) Regulations, to be elected.
Dated this day of , 19 .
Signature of candidate
Signature of witness
Address of witness
Date / /19 .
NOTE.—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 will not be questioned.
A nomination must be signed by not less than TEN growers entitled to vote at the election for which the candidate is nominated.
, 19 fixed by the Minister for the election.
FORM C. Regulation 19 (1).
COMMONWEALTH OF AUSTRALIA.
DECLARATION TO BE MADE BY VOTER.
I , of , declare that I am a wheat
grower and that during the year I delivered wheat to the Australian
Wheat
Board and that I am entitled to vote at the election of representatives of
wheat growers for appointment as members of the Australian Wheat Board to
represent wheat growers in the State of ,
the poll for which closes on 19
, under the provisions of the
Personal signature of voter.
Signed before me the day of , 19 .
Signature of witness
Address of witness
NOTE.—Regulations 45 and 46 of the Wheat Industry Stabilization (Election of Board) Regulations read as follows :─
" 45. A person shall not make any untrue statement in any declaration, or in answer to any question under these Regulations, or in any information supplied to the Returning Officer or any Deputy Returning Officer for the purpose of obtaining a ballot-paper or a further ballot-paper.
Penalty : Fifty pounds.
" 46. A person shall not witness the signature of any person to any declaration under these Regulations unless—
(
a ) he has satisfied himself as to the identity of that person;(
b ) he has seen the person sign the declaration in his 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.".
D. Regulation 19 (2.).
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COMMONWEALTH OF AUSTRALIA.
BALLOT-PAPER.
Election of [
DIRECTIONS TO VOTER.—The voter must mark his vote on this ballot-paper by placing the number 1 in the square opposite the name of the candidate for whom he votes as his first preference and must place the numbers 2, 3, 4 (and so on as the case requires) in the square opposite the names of all the remaining candidates so as to indicate the order of his preference for them.
CANDIDATES.
…………………………………………………..
…………………………………………………..
…………………………………………………..
FURTHER DIRECTIONS TO VOTER.
After marking his vote, the voter must fold the ballot-paper and place it in the envelope bearing his declaration (duly signed and witnessed), securely fasten the envelope, and forthwith send the envelope, by pre-paid post or otherwise, to the Returning Officer or Deputy Returning Officer (as the case may be) to whom the envelope is addressed.
NOTE.─If this ballot-paper is sent to the Returning Officer or Deputy Returning Officer by post, the postage thereon must be fully pre-paid, otherwise the voting paper will not be accepted by the Returning Officer or Deputy Returning Officer.
day of , 19 ), it will not be admitted to the scrutiny.
By Authority : L. F. JOHNSTON, Commonwealth Government Printer, Canberra.
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