Dairy Produce Export Control (Election of Board) Regulations (Amendment)

Legislation au C1948L00025 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1948. No. 25.

 

REGULATIONS UNDER THE DAIRY PRODUCE EXPORT CONTROL ACT 1924-1947.*

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 Dairy Produce Export Control Act 1924-1947.

Dated this twenty-fifth day of February, 1948.

W.J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Commerce and Agriculture.

 

Amendments of the Dairy Produce Export Control (Election of Board) Regulations.†

Interpretation.

1. Regulation 4 of the Dairy Produce Export Control (Election of interpretation Board) Regulations is amended—

(a) by omitting from the definition of “election” in sub-regulation (1.) the symbols and letters “(b), (c), (d), (e) or (f)” and inserting in their stead the symbols and letters” (b) or (c)”; and

(b) by inserting after the definition of “poll” the following definition :—

“‘producer’ includes a person who is a party to a share-farming agreement;”.

Repeal of regulation 8.

2. Regulation 8 of the Dairy Produce Export Control (Election of Board) Regulations is repealed.

Elections under s. 4 (2.) (b) of the Act.

3. Regulation 9 of the Dairy Produce Export Control (Election of Board) Regulations is amended—

(a) by omitting from sub-regulation (1.) the symbols and letter “(d)” and inserting in their stead the symbols and letter “(b)”; and

(b) by omitting sub-regulation (2.).

Roll for election under s. 4 (2.) (b) of the Act.

4. Regulation 9a of the Dairy Produce Export Control (Election of Board) Regulations is amended by omitting the symbols and letters “(d), (e) and (f)” and inserting in their stead the symbols and letter “(b)”.

 

* Notified in the Commonwealth Gazette on , 1947.

† Statutory Rules 1936, No. 19, as amended by 1946, No. 13.

7614.—Price 3d. 10/19.1.1948.


Claims for enrolment.

5. Regulation 10 of the Dairy Produce Export Control (Election of Board) Regulations is amended by omitting from sub-regulation (1a.) the symbols and letters” (d), (e) and (f)” and inserting in their stead the symbols and letter “(b)”.

Particulars to be included in rolls for purposes of election under s. 4 (2.) (c) of the Act.

6. Regulation 11 of the Dairy Produce Export Control (Election of Board) Regulations is amended by omitting the words “of owners”.

Mode of nomination.

7. Regulation 15 of the Dairy Produce Export Control (Election of Board) Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation :—

“(1.) A nomination for the election of a member under paragraph (c) of sub-section (2.) of section 4 of the Act shall be in accordance with Form D, and shall be signed by at least three persons entitled to vote at the election.”;

(b) by omitting from sub-regulation (2.) the symbols and letter “(d)’’ and inserting in their stead the symbols and letter “(b)”; and

(c) by omitting sub-regulation (3.).

Voting papers and form of declaration.

8. Regulation 24 of the Dairy Produce Export Control (Election of Board) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “, in the case of an election under paragraph (b) of sub-section (2.) of section 4 of the Act, in the list supplied in pursuance of regulation 8, a ballot paper, or,”; and

(b) by omitting from that sub-regulation the word and letter “Form G,”.

Counting of votes for proprietary and privately owned factories.

9. Regulation 34 of the Dairy Produce Export Control (Election of Board) Regulations is amended by omitting from sub-regulation (1.) the words “of co-operative butter and cheese factories in each of the States of New South Wales, Victoria and Queensland, and of representatives to be elected by the owners”.

Amendments of Schedule.

10. The Schedule of the Dairy Produce Export Control (Election of Board) Regulations is amended—

(a) by omitting from Form B all the words from and including “This claim contains” to and including “entitled to vote at the election” and inserting in their stead the words “Each producer who during the year ended 30th June, 19              , supplied milk or cream to any butter or cheese factory should complete and sign this form (in the presence of a witness). The claim must be lodged with the Returning Officer or Deputy Returning Officer on or before the                                          day of                                          19              otherwise the producer shall not be entitled to vote at the election”;

(b) by omitting Section 1. of that Form;

(c) by omitting from Section 2. of the Form the words “, or two representatives as the case may be,”;

(d) by omitting Forms C, F and G:


(e) by omitting from Form I the words from and including “in respect of—(a)” to and including “factories in the State of                            ” and inserting in their stead the words “in respect of the election of one representative of co-operative butter and cheese factories in the State of                            ”; and

(f) by omitting from Form J the words from and including “Election of” to and including “Australian Dairy Produce Board” and inserting in their stead the words “Election of (here insert ‘two representatives of proprietary and privately-owned butter and cheese factories’ or ‘one representative of co-operative butter and cheese factories for the State of                                          ’ as the case may be) on the Australian Dairy Produce Board.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1948 No. 25, known as the Regulations under the Dairy Produce Export Control Act 1924-1947, were introduced by the Governor-General in Council to amend existing regulations governing the election of the Australian Dairy Produce Board. Enacted on 25 February 1948, these regulations aim to refine the process and criteria for electing board members, ensuring they accurately reflect contemporary industry practices and stakeholder interests. The amendments focus on clarifying definitions, adjusting nomination processes, and streamlining voting procedures to enhance the efficiency and fairness of the electoral process for the dairy industry. This legislative instrument reflects the policy objective of maintaining effective oversight and representation within the Australian Dairy Produce Board.

Scope and Application

The Dairy Produce Export Control (Election of Board) Regulations, made under the Dairy Produce Export Control Act 1924-1947, govern the election process for the Australian Dairy Produce Board. These regulations apply to producers who are party to a share-farming agreement and directly influence the election of board members representing proprietary and privately owned butter and cheese factories. The geographic scope of these regulations extends across the Commonwealth of Australia, encompassing all states and territories. The regulations specify procedural details such as the nomination process, which requires a signed nomination form to be submitted by at least three eligible voters, and the voting process, which now excludes certain lists and forms previously used in elections. The regulations also detail the process for producers to claim their enrolment to vote and provide specific instructions for completing and submitting these claims. Notably, the amendments repeal certain regulations and modify others to streamline the election process and update the procedures for nominations and voting. These regulations are binding across the Commonwealth and are subject to further amendments and extensions through subordinate instruments as necessary.

Key Provisions

The main operative sections of these Regulations under the Dairy Produce Export Control Act 1924-1947 primarily address the amendments to the existing election procedures for the Dairy Produce Export Control Board. The Regulations modify the definition of “election” (Regulation 4), remove certain definitions and replace them with others (Regulation 4(a)), and introduce a new definition for “producer” which includes individuals who are parties to share-farming agreements (Regulation 4(b)). They also repeal Regulation 8, which previously outlined specific provisions for the election process. Further amendments to Regulation 9 refine the process for conducting elections, while Regulation 9a simplifies the roll for election under section 4(2)(b) of the Act. Regulation 10 modifies the claims for enrolment, Regulation 11 adjusts the particulars to be included in the rolls for elections, and Regulation 15 changes the mode of nomination to require signatures from at least three persons entitled to vote. Regulation 24 revises the requirements for voting papers and forms of declaration, and Regulation 34 alters the counting of votes for proprietary and privately owned factories. Finally, the Schedule of the Regulations is amended to update various forms (B, I, and J) and to remove certain outdated forms (C, F, and G). The obligations imposed by these Regulations are primarily administrative and procedural, focusing on the election of members to the Australian Dairy Produce Board. Producers, now inclusive of those under share-farming agreements, must complete and sign specific forms to claim their right to vote. The Regulations require nominations for election to adhere to Form D and be signed by at least three eligible voters. The process for counting votes is adjusted to reflect the new structure, focusing on the election of representatives for proprietary and privately owned factories and co-operative butter and cheese factories. The Regulations also specify the particulars to be included in the rolls for the election and mandate the use of particular forms for claims, nominations, and declarations. Breaches of these Regulations may result in civil or criminal consequences. While the specific penalties are not detailed within the text, the Dairy Produce Export Control Act 1924-1947, under which these Regulations are made, could potentially impose fines or other penalties for non-compliance. The exact nature and severity of these penalties would be governed by the overarching Act and any relevant case law or subsequent legislation.

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