Wool Reserve Prices Plan Referendum Regulations (Cth)

STATUTORY RULES

1965 No. 155

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REGULATIONS UNDER THE WOOL RESERVE PRICES PLAN REFERENDUM ACT 1965.*

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 Wool Reserve Prices Plan Referendum Act 1965.

Dated this twenty-eighth day of October, 1965.

CASEY

Governor-General.

By His Excellency’s Command,

Minister of State for Primary Industry.

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WOOL RESERVE PRICES PLAN REFERENDUM REGULATIONS

Citation.

1. These Regulations may be cited as the Wool Reserve Prices Plan Referendum Regulations.

Interpretation.

2. In these Regulations, unless the contrary intention appears—

“company” means a company registered under the law of a State or Territory relating to the registration of companies;

“the Act” means the Wool Reserve Prices Plan Referendum Act 1965.

Closing of poll.

3. For the purposes of sub-section (6.) of section 5 of the Act, the prescribed time is twelve o’clock noon and the prescribed date is the ninth day of December, 1965.

Form of application for enrolment.

4. An application for enrolment under section 10 of the Act shall be in accordance with Form 1 in the Schedule to these Regulations and shall be forwarded by post to the Deputy Returning Officer for the State in which the applicant is, or is deemed to be, for the purposes of the Act, ordinarily resident.

Form of ballot-paper.

5. The prescribed form for the purposes of sub-section (1.) of section 14 of the Act is Form 2 in the Schedule to these Regulations.

Manner of enrolling or voting in certain cases.

6.—(1.) An application for enrolment, or a vote, on behalf of a company shall be made by a director or other officer of the company authorized in that behalf by the company.

(2.) An application for enrolment, or a vote, on behalf of a corporation (other than a company) shall be made by an officer of the corporation authorized in that behalf by the corporation.

 

* Notified in the Commonwealth Gazette on 29 October, 1965.

12438/65.—Price 1s. (10c) 10/15.10.1965

 

(3.) An application for enrolment, or a vote, on behalf of two or more personal representatives of a deceased person, or two or more trustees, who are, for the purposes of the Act, deemed to be a separate person shall be made by one of those personal representatives or trustees, as the case may be, who has been authorized in that behalf by them.

(4.) Application for enrolment, or a vote, on behalf of the Crown shall be made by a Minister of State or a person authorized by a Minister of State.

Transmission of envelopes and memorandum.

7. The Deputy Returning Officer for a State shall, when transmitting or delivering the ballot-paper and the other documents required by the Act to be transmitted or delivered, transmit by post or deliver to every person enrolled on the roll for that State—

(a) an envelope having printed thereon a form of declaration in accordance with Form 3 in the Schedule to these Regulations; and

(b) a memorandum summarizing the provisions of the Act and these Regulations relating to the entitlement of persons to vote and the manner in which the entitlement is to be exercised.

Replacement of lost or destroyed ballot-paper.

8. Where a ballot-paper sent to a person enrolled on the roll for a State has not been received, has been otherwise lost or has been destroyed, the Deputy Returning Officer for that State may, on application in writing made to him by or on behalf of the person who is on the roll and setting out the relevant facts, post to that person a ballot-paper and envelope or a further ballot-paper and envelope, as the case requires.

Manner of voting.

9.—(1.) A vote shall be made by complying with the succeeding provisions of this regulation.

(2.) The person making the vote shall mark the ballot-paper by writing the word “YES” in the space provided if he approves the Plan as set, forth in the statement which accompanied the ballot-paper or by writing the word “NO” in the space provided if he does not approve the Plan as set forth in the statement which accompanied the ballot-paper.

(3.) After having marked the ballot-paper, the voter shall fold it and place it in the envelope provided, seal the envelope, complete and sign the declaration on the envelope in the presence of a witness who shall subscribe his signature and address, and shall then post or deliver the envelope to the Deputy Returning Officer to whom it is addressed so as to reach that officer before the close of the poll.

(4.) For the purposes of the last preceding sub-regulation, a person who has attained the age of twenty-one years may witness the signature of a person signing a declaration.

Custody of envelopes containing ballot-papers.

10. The Deputy Returning Officer for a State shall place and keep in a locked and sealed ballot-box, until the scrutiny, all envelopes purporting to contain ballot-papers received by him before the close of the poll at the referendum.

The scrutiny.

11. Immediately after the close of the poll at the referendum, the Deputy Returning Officer for a State, in the presence of an officer of the Commonwealth Public Service and of any other person or persons approved by the Deputy Returning Officer, shall—

(a) open the ballot-box and produce unopened all envelopes contained therein;

 

(b) examine each envelope and, if the declaration appears to have been completed and signed by the voter in the presence of a witness, accept it for further scrutiny, but if the declaration has not been so completed and so signed, 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 on it the words “Wool Reserve Prices Plan Referendum—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 the ballot-paper contained therein and, without unfolding it or inspecting the vote or permitting any other person to do so, forthwith place the ballot-paper in a ballot-box for subsequent count;

(e) place the envelopes from which ballot-papers have been withdrawn in a parcel, seal the parcel and endorse on it the words “Wool Reserve Prices Plan Referendum—Envelopes from which ballot-papers have been withdraw”and add his signature and the date;

(f) take from the ballot-box referred to in paragraph (d) of this regulation all the ballot-papers contained therein and, rejecting all informal ballot-papers (if any)—

(i) count the number of votes recorded approving the plan; and

(ii) count the number of votes recorded not approving the plan;

(g) count the number of ballot-papers rejected as informal; and

(h) place all ballot-papers admitted as formal or rejected as informal in a sealed and appropriately endorsed parcel.

Notification of result.

12.—(1.) The Deputy Returning Officer for a State shall forthwith notify the Returning Officer of the result of the referendum in his State.

(2.) Upon receipt of notice of the results from all the Deputy Returning Officers, the Returning Officer shall furnish the Minister with a certificate showing—

(a) the total number of votes recorded approving the plan;

(b) the total number of votes recorded not approving the plan; and

(c) the total number of informal ballot-papers.

Publication of particulars of voting.

13. The Minister shall cause particulars of the voting at the referendum, including—

(a) the total number of votes recorded approving the plan;

(b) the total number of votes recorded not approving the plan; and

(c) the total number of informal ballot-papers,

to be published by making the particulars available to the press, radio news services and television news services.

Preservation of ballot-papers for six months.

14.—(1.) The Deputy Returning Officer for a State shall retain the parcels referred to in regulation 11 of these Regulations until authority is given for the destruction of the contents of the parcels.

(2.) Upon the expiration of six months after the date of the certification to the Minister of the result of the referendum, the Returning Officer may authorize the destruction of the parcels, under supervision, by pulping or by burning.

Untrue statements.

15. A person shall not make an untrue statement in an application or declaration made for the purposes of the Act or these Regulations.

Penalty: Five hundred pounds or imprisonment for three months.

Offences in connexion with polling.

16. A person shall not—

(a) impersonate another person for the purpose of securing a ballot-paper or for the purpose of voting at the referendum;

(b) intentionally deface or destroy a ballot-paper;

(c) vote more than once in the same capacity at the referendum; or

(d) vote at the referendum unless he is entitled so to vote.

Penalty: Five hundred pounds or imprisonment for three months.

Modification of Forms.

17. Where it is necessary, to meet the circumstances applicable in the case of a person entitled to apply for enrolment or of a person entitled to vote, to modify or adapt the form of application for enrolment or the form of declaration by a voter, the form may be modified or adapted as the circumstances require.

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THE SCHEDULE

Form 1 Regulation 4

Commonwealth of Australia

Wool Reserve Prices Plan Referendum Act 1965

APPLICATION FOR ENROLMENT BY WOOL-GROWER (NOT ALREADY

ENROLLED)

.......................................................................................................................................................................................................

(Full Name(s) of Person(s) entitled to be enrolled—in BLOCK Letters)

of...................................................................................................................................................................................................

(Address in full—in BLOCK Letters)

To the Deputy Returning Officer—

Application is hereby made for the enrolment of the abovenamed person (s) on the Roll of Wool-growers for the State of................................................for the purposes of the Wool Reserve Prices Plan Referendum.

2.The abovenamed person is, or the abovenamed persons together are deemed to be, for the purposes of the abovementioned Act, a wool-grower and—

* produced, as a wool-grower, not less than ten bales of shorn wool during the year ended 30th June, 1965

* has or have owned not less than three hundred sheep at all times from and including 16th September, 1965.

* Strike out one of these sub-paragraphs, if it is not applicable.

3. The abovenamed person is, or the abovenamed persons together are deemed to be, for the purposes of the abovementioned Act, ordinarily resident in the State of………………………………

4. I declare that the abovementioned statements are true and correct, that I have attained the age of twenty-one years or shall attain that age on or before the ninth day of December, 1965, and that this application is made in the capacity indicated below.

Signature........................................................Date//1965.

Capacity in which made—

  Strike out whichever of paragraph 1, 2 or 3 is not applicable.

‡ Any person aged over 21 years may sign as witness.

  1. In my own right.

  2. In my capacity as sole personal representative/trustee of…………………………………..

  3. On behalf of, and with the authority of, the company or persons entitled to be enrolled.

‡ Witness.......................................

Address................................................

...................................................

Form 2 Regulation 5

Commonwealth of Australia

Wool Reserve Prices Plan Referendum Act 1965

BALLOT-PAPER

Initials of

Deputy

Returning Officer

SUBMISSION TO WOOL-GROWERS OF A PLAN FOR MAINTAINING RESERVE PRICES FOR AUSTRALIAN WOOL SOLD AT AUCTION.

Directions.—Mark your vote on this ballot-paper as follows:—

IF YOU APPROVE the Plan, write the word YES in block letters in in the space provided.

IF YOU DO NOT APPROVE the Plan, write the word NO in block letters in the space provided.

Do you approve the Plan for maintaining reserve prices for Australian wool sold at auction, set out in the statement that accompanied this ballot-paper?

Further Directions.—After marking your vote, fold the ballot-paper and place it in the envelope provided, seal the envelope, complete and sign the declaration on the envelope in the presence of a witness (who shall subscribe his signature and address thereon); and then post or deliver the envelope to the Deputy Returning Officer to whom it is addressed so as to reach that officer before 12 o’clock noon on Thursday, 9th December, 1965.

VOTING IS COMPULSORY

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Form 3 Regulation 7

Commonwealth of Australia

Wool Reserve Prices Plan Referendum Act 1965

DECLARATION BY VOTER

.......................................................................................................................................................................................................

(Full name (s) of person (s) entitled to Vote—in BLOCK letters)

of...................................................................................................................................................................................................

(Address in full—in BLOCK letters)

2. The abovenamed person is, or the abovenamed persons together are deemed to be, for the purposes of the abovementioned Act, a wool-grower and—

* produced, as a wool-grower, not less than ten bales of shorn wool during the year ended 30th June, 1965

* has or have owned not less than three hundred sheep at all times from and including 16th September, 1965.

Strike out one of these sub-paragraphs, if it is not applicable.

3. The abovenamed person is, or the abovenamed persons together are deemed to be, for the purposes of the abovementioned Act, ordinarily resident in the State of....................................................

4. I declare that the abovementioned statements are true and correct, that I have attained the age of twenty-one years and that the within vote has been made in the capacity indicated below.

Signature................................................................Date//1965.

Capacity in which made—

  Strike out whichever of paragraph 1, 2 or 3 is not applicable.

‡Any person aged over 21 years may sign as witness.

  1. In my own right.

  2. In my capacity as sole personal representative/trustee of................................................

  3. On behalf of, and with the authority of, the company or persons entitled to Vote.

‡ Witness................................................................................

Address................................................................................

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra