WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS
- Reprinted as at 31 May 1981 (HISTREG CHAP 87 #DATE 31:05:1981)
*1* The Wheat Industry Stabilization (Election of Board) Regulations (in force under the Wheat Marketing Act 1979) as shown in this reprint comprise Statutory Rules 1950 No. 19 as amended by the other Statutory Rules specified in the following table: ---------------------------------------------------------------------------- Year and Date of notification Date of Application, saving or number in Gazette commencement transitional provisions ---------------------------------------------------------------------------- 1950 No. 19 6 Apr 1950 6 Apr 1950 1954 No. 84 15 July 1954 15 July 1954 - 1959 No. 62 16 July 1959 16 July 1959 - 1962 No. 66 9 Aug 1962 9 Aug 1962 - 1965 No. 191 24 Dec 1965 24 Dec 1965 - 1980 No. 191 30 June 1980 30 June 1980 - 237 22 Aug 1980 22 Aug 1980 - ---------------------------------------------------------------------------- WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - TABLE OF
PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
2. (Repealed)
3. Interpretation
4. Returning Officer and Deputy Returning Officers
5. Elections
PART II-ENROLMENT OF VOTERS
6. Preparation of rolls
7. Companies to appoint representative
8. Enrolment
8A. Persons entitled to vote at an election
PART III-NOMINATIONS
9. Qualifications of candidates
10. Mode of nomination
11. Requisites for nomination
12. Form of consent and declaration
13. Declarations of nominations
14. Withdrawal of consent to nomination
15. Proceedings on nomination day
PART IV-VOTING
16. Voting to be by post
17. Number of votes
18. Date of close of poll
19. Voting papers and form of declaration
20. Particulars to be inserted in voting papers and declarations
21. Voter to make declaration
22. Manner of voting
23. Ballot-papers not received, lost or destroyed
PART V-SCRUTINY
24. Ballot-papers to be kept in ballot-box until scrutiny
25. Ballot-papers received after close of poll
26. Scrutineers at the scrutiny
27. Scrutiny of votes and declarations
28. Further scrutiny
29. Counting of votes where two representatives to be elected
30. Counting of votes where one representative only to be elected
31. Declaration of election
32. Recount of votes
33. Powers of Deputy Returning Officer conducting recount
34. Informal voting papers
35. Voting papers to be placed in parcels
36. Destruction of papers
37. Intruders
PART VI-DISPUTED ELECTIONS
38. Disputed validity of roll, election, statement or notice
39. Requisites of petition
40. Determination of dispute
41. Decisions to be final
42. Effect of decision
43. Immaterial errors not to vitiate poll or election
PART VII-MISCELLANEOUS
44. Misfeasance
45. Untrue statements in declaration, &c.
46. Duty of witness
47. Making marks on voting papers
48. Offences in connexion with polling
49. Forms
50. Repeal
THE SCHEDULE
Forms
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 1.
Citation
PART I-PRELIMINARY
Substituted by 1959 No. 62 r. 1
1. These Regulations may be cited as the Wheat Industry Stabilization
(Election of Board) Regulations.*1*
Regulation 2 repealed by 1980 No. 237 r. 2
* * * * * * * *
See notes to first article of this Chapter.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 3.
Interpretation
Sub-reg. (1) amended by 1954 No. 84 r. 2; 1959 No. 62 r. 2; 1965 No. 191 r.
1;
1980 No. 191 r. 2; 1980 No. 237 r. 3
3. (1) In these Regulations, unless the contrary intention appears-
"candidate" means a candidate nominated for election as a member of the
Board;
"Chief Electoral Officer" means the Chief Australian Electoral Officer
appointed under the Australian Electoral Office Act 1973 or a person appointed
under that Act to act in the office of Chief Australian Electoral Officer;
"company" means a company incorporated or deemed to be incorporated under
a law in force in a State or Territory;
"election" means an election under paragraph 29 (3) (b) of the Act of one
or more wheat growers representing wheat growers;
"member" means a member of the Board;
"poll" means a poll taken in pursuance of regulation 15;
"representative" means a wheat grower elected in pursuance of these
Regulations to represent wheat growers in a State;
"roll" means a roll prepared and maintained in pursuance of these
Regulations;
"the Act" means the Wheat Marketing Act 1979;
"voter" means a person who is entitled under regulation 8A to vote at an
election.
Substituted by 1980 No. 191 r. 2
(2) A reference in these Regulations to a name of a person that is included
in a roll is a reference to a name of a person that is included in the roll by
virtue of regulation 6 and does not include a reference to a name of a person
that under sub-regulation 7 (3) is noted on the roll.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 4.
Returning Officer and Deputy Returning Officers
4. (1) The Chief Electoral Officer shall be the Returning Officer for the
purpose of each election and shall be charged with the duty of giving effect
to the provisions of these Regulations in so far as they relate to the
election.
(2) The Returning Officer shall appoint a Deputy Returning Officer for a
State in which an election is to be held.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 5.
Elections
Amended by 1980 No. 191 r. 3
5. Subject to section 29 of the Act, elections shall be held whenever the
Minister so directs by notice published in the Gazette.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 6.
Preparation of rolls
PART II-ENROLMENT OF VOTERS
Substituted by 1954 No. 84 r. 3
Sub-reg. (1) amended by 1980 No. 237 r. 4
6. (1) Subject to these Regulations, the Deputy Returning Officer for a
State shall, for the purposes of each election in the State, prepare and
maintain a roll of wheat growers for the State.
Substituted by 1959 No. 62 r. 3; amended by 1980 No. 237 rr. 4 and 14
(2) The name of a person may be included in the roll of wheat growers for a
State for the purposes of an election if the Deputy Returning Officer for the
State is satisfied, upon the basis of information received from the Board or
as a result of a claim for enrolment submitted in accordance with
sub-regulation (3), that-
(a) that person has delivered wheat produced in that State to the Board
during the season that is current at the date upon which the notice in
relation to the election is published in the Gazette in pursuance of
regulation 5 or in the season immediately preceding that season; or
(b) the person has, after that first day of January in the year in which
the notice is published in the Gazette, sown in the State not less than 20
hectares of wheat for harvesting as grain.
Substituted by 1980 No. 237 r. 4
(3) A person (other than a company) whose name has not, under sub-regulation
(2), been included in a roll of wheat growers for a State and who claims to be
entitled to have his name included in that roll shall submit to the Deputy
Returning Officer for that State a duly completed claim for enrolment in
accordance with Form A.
Substituted by 1980 No. 237 r. 4
(4) A company, the name of which has not, under sub-regulation (2), been
included in a roll of wheat growers for a State and which claims to be
entitled to have its name included in that roll, shall submit to the Deputy
Returning Officer for that State a duly completed claim for enrolment in
accordance with Form AA together with evidence in writing that it is a
company.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 7.
Companies to appoint representative
Substituted by 1980 No. 191 r. 5
Sub-reg. (1) amended by 1980 No. 237 r. 5
7. (1) Where the name of a company is included in a roll of wheat growers
for a State for the purposes of an election, the company may appoint a wheat
grower who is a director, office holder, shareholder or employee of the
company and who will be not less than 18 years of age on the date fixed under
sub-regulation 11 (2) in relation to that election to act on behalf of the
company in relation to that election.
Amended by 1980 No. 237 r. 5
(2) An appointment under sub-regulation (1) by a company shall-
(a) be substantially in accordance with Part 1, Part 2 and Part 4 of Form
AA;
(b) bear the seal of the company;
(c) be signed on behalf of the company by a director or the secretary of
the company; and
(d) be furnished, on or before the date fixed in relation to an election by
the Minister under sub-regulation 11 (2), to the Deputy Returning Officer for
the State in which the election is to be held.
(3) Subject to these Regulations, where under sub-regulation (1) a company
has appointed a person to act on its behalf, the Deputy Returning Officer
shall forthwith note on the roll the name of the person so appointed beside
the name of the company appearing on the roll.
(4) Subject to these Regulations, a person whose name is, under
sub-regulation (3), noted on a roll of wheat growers for a State for the
purposes of an election may-
(a) vote at the election on behalf of the company whose name appears on the
roll and beside which his name is noted;
(b) nominate a person as a candidate at an election;
(c) be nominated as a candidate in respect of an election; and
(d) if elected, be appointed to represent wheat growers as a member of the
Board,
as if his name were, under regulation 6, included in the roll.
(5) A person, other than a person whose name is, under sub-regulation (3),
noted on a roll for a State in relation to a company, shall not act on behalf
of that company in relation to a matter referred to in paragraph (4) (a), (b),
(c) or (d).
(6) At any time on or before the date fixed in relation to an election by
the Minister under sub-regulation 11 (2), a company may, by notice in writing
signed by a director or secretary of the company, witnessed by a Justice of
the Peace and furnished to the Deputy Returning Officer, revoke an appointment
made by the company under sub-regulation (1).
(7) Subject to these Regulations, where a company has, under sub-regulation
(6), revoked an appointment made by it under sub-regulation (1), it may make
another appointment under sub-regulation (1).
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 8.
Enrolment
Substituted by 1980 No. 191 r. 5
Sub-reg. (1) substituted by 1980 No. 237 r. 6
8. (1) Where under sub-regulation 7 (2) a Deputy Returning Officer has been
furnished with an appointment by a company of a person and he does not note on
the roll the name of the person, he shall forthwith, by instrument in writing,
notify that company of his reason for not noting that name on the roll.
Sub-regs (2)-(4) omitted by 1980 No. 237 r. 6
* * * * * * * *
(5) Where, under sub-regulation 7 (6), a company has revoked an appointment
of a person made under regulation 7, the Deputy Returning Officer shall remove
the name of the person from the roll on which, by virtue of that appointment,
it was noted.
Substituted by 1980 No. 237 r. 6
(6) Where a Deputy Returning Officer is required under sub-regulation (1) to
notify a company of a matter, the notice may be sent by post to the address of
the company, being the address referred to in Part 1 of the form in accordance
with Form AA that was submitted under sub-regulation 6 (4) or furnished under
sub-regulation 7 (2), as the case may be, by the company to the Deputy
Returning Officer.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 8A.
Persons entitled to vote at an election
Inserted by 1980 No. 191 r. 5; amended by 1980 No. 237 r. 7
8A. A person is entitled to vote at an election if he is a wheat grower who
will be not less than 18 years of age on the date fixed under sub-regulation
11 (2) in relation to that election and if he is-
(a) a person (other than a company) whose name is, under regulation 6,
included in the roll for a State for the purposes of that election; or
(b) a person whose name is, under sub-regulation 7 (3), noted on the roll
for a State for the purposes of that election.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 9.
Qualifications of candidates
PART III-NOMINATIONS
Amended by 1980 No. 191 r. 6
9. A person shall not be capable of being elected as a representative of
wheat growers in a State unless-
(a) his name-
(i) is included in the roll for that State; or
(ii) is, under sub-regulation 7 (3), noted 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.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 10.
Mode of nomination
10. A nomination for the election of a representative may be in accordance
with Form B and shall be signed by at least ten persons entitled to vote at
the election.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 11.
Requisites for nomination
11. (1) A nomination shall not be valid unless-
(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 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, he is satisfied that
circumstances exist which render it necessary or desirable to alter the date
so fixed, he 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 Gazette the date, and the later date
(if any), fixed in pursuance of the last preceding sub-regulation, and the
address of the Deputy Returning Officer with whom the nominations are to be
lodged.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 12.
Form of consent and declaration
12. The consent of the person nominated to act, if elected, and the
declaration that he is qualified under these Regulations to be elected, shall
be sufficient if he signs a form of consent and declaration in accordance with
Form C, but the Deputy Returning Officer may accept any other form of consent
and declaration, whether accompanying the nomination paper or not, that he
deems satisfactory, and that acceptance shall be final.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 13.
Declarations of nominations
13. As soon as practicable after the date fixed by the Minister as the last
date for the lodging of nominations, the Returning Officer shall publish in
the Gazette the name, place of residence, and occupation of each person
nominated.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 14.
Withdrawal of consent to nomination
14. Any candidate may withdraw his consent to his nomination at any time on
or before the last date fixed for the lodging of nominations, by lodging with
the Deputy Returning Officer with whom his nomination was lodged a notice of
withdrawal signed by him and witnessed by a Justice of the Peace.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 15.
Proceedings on nomination day
15. (1) If the number of candidates nominated in respect of any election is
not greater than the number of candidates required to be elected, the
Returning Officer shall declare the candidate or candidates nominated duly
elected and shall publish notice thereof in the Gazette.
(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.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 16.
Voting to be by post
PART IV-VOTING
16. Voting at a poll shall be carried out by post.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 17.
Number of votes
17. Each voter shall be entitled to vote once only in any election.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 18.
Date of close of poll
18. (1) The Minister shall fix a date on which the poll shall close, and if,
at any time after fixing that date, he is satisfied that circumstances exist
which render it necessary or desirable to alter the date so fixed, he may fix
a later date as the date on which the poll shall close, and that later date
shall be substituted for the date originally fixed.
(2) The Minister shall notify in the Gazette the date, and the later date
(if any), fixed in pursuance of the last preceding sub-regulation.
(3) The poll shall close at four o'clock in the afternoon on the date fixed
by the Minister in accordance with this regulation.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 19.
Voting papers and form of declaration
Sub-reg. (1) amended by 1980 No. 237 r. 8
19. (1) As soon as practicable after the date for the close of the poll has
been fixed, the Deputy Returning Officer shall transmit by post to each person
(other than a company) whose name is included under regulation 6 in the roll
of wheat growers for a State for the purposes of the election and to each
person whose name is noted under sub-regulation 7 (3) on that roll for the
purposes of the election a ballot-paper, together with an envelope having
printed thereon a form of declaration in accordance with Form D.
(2) A ballot-paper may be in accordance with Form E.
(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 Deputy Returning
Officer thinks fit.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 20.
Particulars to be inserted in voting papers and declarations
Amended by 1980 No. 237 r. 9
20. Before posting the ballot-papers and envelopes bearing the voters' forms
of declaration, the Deputy Returning Officer shall insert in each
ballot-paper, in the space provided for the purpose, the date fixed for the
close of the poll, and shall initial each ballot-paper in the space provided
for the purpose and in the form of declaration on each envelope he shall
insert-
(a) the Christian names in full, (if known), or the initials, and the
surname of the person to whom a ballot-paper and that envelope is to be
posted;
(b) the place of residence or place of business of that person; and
(c) the date fixed for the close of the poll.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 21.
Voter to make declaration
21. Each voter shall sign the declaration on the envelope in the presence of
a witness, who shall sign in the place provided for the purpose and add his
address and the date on which the declaration is witnessed.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 22.
Manner of voting
22. A voter shall mark his vote on his 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 the numbers 2, 3, 4 (and so on, as the case requires) in
the squares opposite the names of all the remaining candidates so as to
indicate the order of his preference for them and shall send the envelope
containing the ballot-paper, by post or otherwise, to the Deputy Returning
Officer to whom the envelope is addressed.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 23.
Ballot-papers not received, lost or destroyed
Amended by 1980 No. 237 r. 10
23. If a Deputy Returning Officer receives from a person whose name is
included under regulation 6 in the roll of wheat growers for a State for the
purposes of an election or whose name is noted under sub-regulation 7 (3) on
the roll of wheat growers for a State for the purposes of an election a
statement in writing setting out his full name and address and declaring that
he is entitled to vote at the election and that he has not received a
ballot-paper or envelope, or that any ballot-paper or envelope received by him
has been lost or destroyed, and that he has not already voted at the poll, the
Deputy Returning Officer may post to the voter a ballot-paper and envelope, or
a further ballot-paper and envelope, as the case may be.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 24.
Ballot-papers to be kept in ballot-box until scrutiny
PART V-SCRUTINY
24. (1) The Deputy Returning Officer shall, in respect of each election-
(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 close of the poll.
(2) Where the envelope containing any ballot-paper is posted to the Deputy
Returning Officer, but the postage thereon is wholly unpaid or insufficiently
prepaid, he shall refuse to accept that envelope and ballot-paper, and that
envelope and ballot-paper shall be deemed not to have been received by him
within the meaning of this regulation.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 25.
Ballot-papers received after close of poll
25. A ballot-paper received by the Deputy Returning Officer after the close
of the poll shall not be admitted to the scrutiny.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 26.
Scrutineers at the scrutiny
26. Each candidate may, by notice in writing signed by the candidate, or by
telegram, addressed to the Deputy Returning Officer and setting out the name
and address of the scrutineer, appoint one scrutineer to represent him at the
scrutiny.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 27.
Scrutiny of votes and declarations
Amended by 1965 No. 191 r. 2; 1980 No. 191 r. 7; 1980 No. 237 r. 11
27. The Deputy Returning Officer shall, as soon as practicable after the
close of the poll in any election-
(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 his opinion,
signed by a person who is entitled under regulation 8A to vote at the election
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)-Votes rejected at
Preliminary Scrutiny" and add his signature and the date;
(d) place all envelopes accepted for further scrutiny on a table before him
with the form of declaration facing downwards, and then withdraw from each
envelope accepted for further scrutiny the ballot-paper contained in it and,
without unfolding it or inspecting the vote or permitting any other person to
do so, forthwith place the 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)-Envelopes from which ballot-papers have been withdrawn"
and add his signature and the date.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 28.
Further scrutiny
Amended by 1965 No. 191 r. 3
28. The Deputy Returning Officer shall open the ballot-box referred to in
paragraph (d) of the last preceding regulation, and a further scrutiny shall
be conducted in accordance with regulation 29 or regulation 30, as the case
requires.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 29.
Counting of votes where two representatives to be elected
29. (1) In the case of a poll for the election of representatives in a State
where two representatives are to be elected, the scrutiny shall be conducted
in accordance with the succeeding sub-regulations of this regulation.
(2) The Deputy Returning Officer shall, in the presence of any persons
approved by him 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, after the counting of first preference votes, no candidate has
received an absolute majority of votes, the Deputy 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 Deputy 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 for the 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 Deputy Returning Officer shall decide
which shall be excluded. If, on either final count, two candidates have an
equal number of votes, the Deputy Returning Officer shall decide which shall
be elected.
(6) In this regulation-
"absolute majority of votes" means a number greater than one-half of the
total number of votes;
"continuing candidate" means a candidate not already elected or excluded
from the count.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 30.
Counting of votes where one representative only to be elected
30. (1) In the case of a poll for the election of a representative in a
State where one representative only is to be elected, the scrutiny shall be
conducted in accordance with the succeeding sub-regulations of this
regulation.
(2) The Deputy Returning Officer shall, in the presence of any persons
approved by him 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, after the counting of first preference votes, no candidate has
received an absolute majority of votes, the Deputy 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 Deputy Returning Officer shall decide
which shall be excluded. If on the final count two candidates have an equal
number of votes, the Deputy Returning Officer shall decide which shall be
elected.
(6) In this regulation-
"absolute majority of votes" means a number greater than one-half of the
total number of votes;
"continuing candidate" means a candidate not already excluded from the
count.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 31.
Declaration of election
31. (1) The Returning Officer shall make out a statement relating to the
election and shall publish notice of the result in the Gazette.
(2) The notice published in the Gazette shall, subject to these Regulations,
be conclusive evidence of the result of the election.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 32.
Recount of votes
32. (1) At any time before the publication in the Gazette of the result of
an election, the Deputy Returning Officer may, if he thinks fit, on the
written request of any candidate setting forth the reasons for the request, or
of his own motion, conduct a recount of the ballot-papers.
(2) If the Deputy Returning Officer refuses, on the request of a candidate,
to conduct a recount of any ballot-papers, the candidate may appeal in writing
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.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 33.
Powers of Deputy Returning Officer conducting recount
33. (1) The Deputy Returning Officer conducting a recount shall have the
same powers as if the recount were the scrutiny, and may reverse any decision
in relation to the scrutiny as to the allowance and admission or disallowance
and rejection of any ballot-paper.
(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.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 34.
Informal voting papers
34. A ballot-paper shall be informal if-
(a) it is not initialled by the Deputy Returning Officer;
(b) it has no vote marked on it or does not indicate the voter's first
preference for one candidate and the order of his preference for all the
remaining candidates; or
(c) it is so imperfectly marked that the intention of the voter is
uncertain.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 35.
Voting papers to be placed in parcels
35. The Deputy Returning Officer shall place in separate parcels-
(a) all ballot-papers allowed or admitted as formal for each election;
(b) all ballot-papers disallowed or rejected as informal for each election;
and
(c) the copy of the roll used for each 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.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 36.
Destruction of papers
36. After the expiration of six months from the date of publication of the
result of the election, the Returning Officer may authorize the destruction of
the ballot-papers and the voters' declarations.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 37.
Intruders
Amended by 1980 No. 237 r. 14
37. A person, not being authorized in pursuance of these Regulations to be
present at the scrutiny, shall not-
(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 Deputy
Returning Officer.
Penalty: $100.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 38.
Disputed validity of roll, election, statement or notice
PART VI-DISPUTED ELECTIONS
38. The validity of the roll for any election, of an election, or of any
statement or notice showing the result of an election may be disputed by a
candidate at the election, or by a person who was qualified to vote at the
election, by petition addressed to the Minister.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 39.
Requisites of petition
39. The petition disputing the roll, election, statement or notice shall-
(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 the Gazette of the notice of the result of the election.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 40.
Determination of dispute
40. The dispute shall be determined by the Minister in such manner as he
deems fit, and the powers of the Minister shall include power to declare
that-
(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.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 41.
Decisions to be final
41. All decisions of the Minister under this Part shall be final and
conclusive and without appeal and shall not be questioned in any way.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 42.
Effect of decision
42. Effect shall be given to any decision of the Minister as follows:
(a) If any candidate returned as elected is declared not to have been duly
elected, he shall cease to be a representative.
(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.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 43.
Immaterial errors not to vitiate poll or election
43. (1) An election, or any statement or notice showing the voting at an
election, shall not be avoided on account of any delay in relation to the
taking of the votes of the voters, or in relation to the making of any
statement or notice, or on account of the absence, error or omission by any
officer, if the Minister is satisfied that that delay, absence, error or
omission did not affect the result of the election.
(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.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 44.
Misfeasance
PART VII-MISCELLANEOUS
Amended by 1980 No. 237 r. 14
44. The Returning Officer or a Deputy Returning Officer at an election, who
is guilty of any wilful misfeasance or wilful or negligent act of commission
or omission contrary to any of the provisions of these Regulations, shall be
guilty of an offence.
Penalty: $100.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 45.
Untrue statements in declaration, &c.
Amended by 1980 No. 237 r. 14
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 a Deputy Returning Officer for the purpose of obtaining a ballot-paper or a
further ballot-paper.
Penalty: $100.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 46.
Duty of witness
Amended by 1980 No. 237 r. 14
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: $100.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 47.
Making marks on voting papers
Amended by 1980 No. 237 r. 14
47. A person shall not make any mark or writing on a ballot-paper except as
expressly authorized by these Regulations.
Penalty: $40.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 48.
Offences in connexion with polling
Amended by 1980 No. 237 rr. 12 and 14
48. A person shall not-
(a) impersonate any person for the purpose of securing a ballot-paper or
for the purpose of voting at an election;
(b) unlawfully destroy or deface any ballot-paper;
(c) vote more than once at an election; or
(d) vote at an election unless he is entitled to vote at that election.
Penalty: $100.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 49.
Forms
49. Strict compliance with the Forms in the Schedule to these Regulations
shall not be necessary, and substantial compliance shall be sufficient.
WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SECT. 50.
Repeal
50. The Wheat Industry Stabilization (Election of Board) Regulations (being
Statutory Rules, 1949, No. 56) are repealed.
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WHEAT INDUSTRY STABILIZATION (ELECTION OF BOARD) REGULATIONS - SCHEDULE
SCH
THE SCHEDULE
Form A substituted by 1954 No. 84 r. 4; amended by 1959 No. 62 r. 4; 1962 No.
66 r. 3; 1980 No. 191 r. 8; 1980 No. 237 rr. 13 and 14
SCH
FORM A Regulation 6
(3)
COMMONWEALTH OF AUSTRALIA
Wheat Industry Stabilization (Election of Board) Regulations
CLAIM FOR ENROLMENT BY WHEAT GROWER
(OTHER THAN A COMPANY)
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 included in
the
roll of wheat growers for the State of to enable me to vote at
the
election of representatives of wheat growers in that State for appointment as
members of the Australian Wheat Board.
I declare that I am a wheat grower, that I will not be less than 18 years
of
age on (here insert date), being the date fixed under sub-regulation 11 (2)
of
the Wheat Industry Stabilization (Election of Board) Regulations as the date
on
or before which nominations shall be lodged for the purpose of that election
and-
(a) Strike out if inapplicable.
(a) that I delivered wheat produced in the State of to the
Australian
Wheat Board during the season that commenced on 1st October, 19 ,
or
(a) that in the year that commenced on 1st January, 19 , I sowed in the
State of not less than 20 hectares of wheat for harvesting as
grain.
I further declare that the statements made in this claim are true and
correct
in every particular.
Signature of grower
Date
Signature of witness
Address of witness
--------
Inserted by 1980 No. 191 r. 8; amended by 1980 No. 237 rr. 13 and 14
SCH
FORM AA Regulations 6 and
7
COMMONWEALTH OF AUSTRALIA
Wheat Industry Stabilization (Election of Board) Regulations
CLAIM FOR ENROLMENT BY A WHEAT GROWER THAT IS A COMPANY
PART 1
Full name and postal
address of company-
PART 2
Full name and address of wheat grower (who is a director, office holder,
shareholder or employee of the company described in Part 1) appointed under
regulation 7 of the Wheat Industry Stabilization (Election of Board)
Regulations to act on behalf of company described in Part 1-
PART 3
To the Deputy Returning Officer (here insert address)
I, the undersigned director* or secretary* of the company described in Part 1
hereby claim to have the name of the company included in the roll of wheat
growers for the State of to enable the person named in Part 2 to
vote on behalf of the company at the election of wheat growers in that State
for appointment as members of the Australian Wheat Board.
I declare-
(a) that the company is a wheat grower;
(b) that-
(i) the company delivered wheat produced in the State of to
the Australian Wheat Board during the season that commenced on 1 October 19
;*
or
(ii) in the year that commenced on 1 January 19 , the company sowed in
the State of not less than 20 hectares of wheat for harvesting as
grain;* and
(c) that the statements made in this claim are true and correct in every
particular.
Seal of company and
signature of
director* or
secretary* of
company
Date
Signature of
witness
Address of
witness
PART 4
(to be completed by person named in Part 2)
I (full name and address) consent to an act on behalf of (insert name of
company named in Part 1) in the election of wheat growers to represent wheat
growers in the State of for appointment as members of the
Australian Wheat Board and I declare that I am a wheat grower and a (here
insert
"director ", "office holder ", "shareholder" or "employee ", as the case
may be) of that company and that I will be not less than 18 years of age on
(here insert date), being the date fixed under sub-regulation 11 (2) of the
Wheat Industry Stabilization (Election of Board) Regulations as the date on
or
before which nominations shall be lodged for the purpose of that election.
Signature of person
named in Part 2
Date
Signature of
witness
Address of witness
*Strike out if inapplicable.
--------
Substituted by 1980 No. 191 r. 8
SCH
FORM B Regulation
10
COMMONWEALTH OF AUSTRALIA
Wheat Industry Stabilization (Election of Board) Regulations
NOMINATION FOR ELECTION OF A REPRESENTATIVE OF WHEAT GROWERS FOR
APPOINTMENT AS A MEMBER OF THE AUSTRALIAN WHEAT BOARD
To the Deputy Returning Officer(here insert address)
We, the undersigned persons who are entitled to be voters on the roll of
wheat growers for the State of hereby nominate the following
person who is entitled to be a voter on that roll to represent, on the
Australian Wheat Board, wheat growers in that State:
Full name:
Place of residence:
Occupation:
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Signature Place of Date of Witness to
of nominator residence Signature signature
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-- 1
2
3
4
5
6
7
8
9
10
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Amended by 1954 No. 84 r. 4; 1959 No. 62 r. 4
SCH
FORM C Regulation
12
CONSENT AND DECLARATION OF PERSON NOMINATED
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 .
--------
Amended by 1954 No. 84 r. 4; 1959 No. 62 r. 4; 1965 No. 191 r. 4; 1980 No.
191
r. 8; 1980 No. 237 r. 13
SCH
FORM D Regulation 19
(1)
COMMONWEALTH OF AUSTRALIA
Wheat Industry Stabilization (Election of Board) Regulations
DECLARATION TO BE MADE BY VOTER
I, , of , declare that I am a wheat grower (other than
a
company) and that I am not less than 18 years of age and am entitled to vote
at
the election of one representative or two representatives (as the case may
be)
of wheat growers for appointment as a member or members (as the case may be)
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
Wheat Marketing Act 1979 and the Regulations thereunder, and I also declare
that I have not previously voted in connexion with the said election.
Personal signature of voter.
Signed before me the day of , 19 .
Signature of witness
Address of witness
--------
Amended by 1954 No. 84 r. 4; 1959 No. 62 r. 4; 1980 No. 237 r. 14
SCH
FORM E Regulation 19
(2)
COMMONWEALTH OF AUSTRALIA
Initials of
Deputy Returning
Officer
Wheat Industry Stabilization (Election of Board) Regulations
BALLOT-PAPER
Election of (here insert "one representative of wheat growers in the State
of " or "two representatives of wheat growers in the State of
" as the case may be) for appointment as (here insert "a member
"
or "members" as the case may be) of the Australian Wheat Board.
DIRECTIONS TO VOTER-Mark your vote on this ballot-paper by placing the
numbers 1, 2, 3, 4 (and so on, as the case requires) in the squares
respectively
opposite the names of the candidates so as to indicate the order of your
preference for them.
CANDIDATES
()............................................................................
..
()............................................................................
..
()............................................................................
..
()............................................................................
..
FURTHER DIRECTIONS TO VOTER
After marking your vote, fold the ballot-paper and place it in the envelope
bearing your declaration (duly signed and witnessed), securely fasten the
envelope, and forthwith send it, by pre-paid post or otherwise, to the Deputy
Returning Officer to whom it is addressed.
NOTE-If this ballot-paper is sent to the Deputy Returning Officer by post,
the postage thereon must be fully pre-paid, otherwise the voting paper will
not be
accepted by the Deputy Returning Officer.
Unless the vote is marked on this ballot-paper and is received by the
Deputy
Returning Officer at or before four o'clock in the afternoon of the day fixed
for the close of the poll (namely, the day of ,
19
), it will not be admitted to the scrutiny.
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