Dairy Produce Export Control (Poll) Regulations (Amendment)

Legislation au C1924L00186 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1924. No. 186.

 

REGULATIONS UNDER THE DAIRY PRODUCE EXPORT CONTROL ACT 1924.

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, to come into operation forthwith.

Dated this third day of December, 1924.

FORSTER,

Governor-General.

By His Excellency’s Command,

H. E. PRATTEN,

Minister of State for Trade and Customs.

 

Amendment of Dairy Produce Export Control (Poll) Regulations.

(Statutory Rules 1924, No. 167, as amended by Statutory Rules 1924, No. 177.)

1. Regulation 6 of the Dairy Produce Export Control (Poll) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1) The roll for each State shall be the roll of producers to be used for the purposes of the poll in the State to which the roll refers, and shall be certified by the Returning Officer or a Deputy Returning Officer by writing under his hand to be correct.”

2. Regulation 16 of the Dairy Produce Export Control (Poll) Regulations is amended by omitting the words “at any time before three o’clock in the afternoon of the day next preceding the day fixed for the close of the poll.”

3. Regulation 17 of the Dairy Produce Export Control (Poll) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2) The Returning Officer or a Deputy Returning Officer shall keep a locked and sealed ballot-box (in these Regulations referred to as ‘the special ballot-box’) with the words ‘Export Dairy Control, Special Ballot-box—Voting Papers Received from Voter’ marked thereon, and shall place and keep therein until the scrutiny all envelopes received by him after four o’clock in the afternoon of the day fixed for the close of the poll, containing voting-papers to be admitted to the scrutiny in pursuance of sub-regulation (1a) of the next succeeding regulation.”

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4. Regulation 18 of the Dairy Produce Export Control (Poll) Regulations is amended—

(a) by inserting at the commencement of sub-regulation (1.) the words “Subject to the next succeeding sub-regulation”;

(b) by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) Notwithstanding anything contained in the last preceding sub-regulation, where the Minister is satisfied that, by reason of circumstances beyond the control of a producer, the voting-paper of the producer could not have been sent by the producer to the Returning Officer or Deputy Returning Officer so as to reach the Returning Officer or Deputy Returning Officer at or before four o’clock in the afternoon of the day fixed for the close of the poll, the Minister may direct that the voting-paper shall be admitted to the scrutiny if it is received at or before four o’clock in the afternoon of a day fixed by the Minister as the last day for the receipt of the voting-paper and the voting-paper shall be admitted to the scrutiny accordingly”.

5. Regulation 20 of the Dairy Produce Export Control (Poll) Regulations is amended—

(a) by omitting therefrom the words “last day for the receipt of voting-papers:—” and inserting in their stead the words “day fixed for the close of the poll open the ballot-box and, at four o’clock in the afternoon of the last day for the receipt of voting-papers under sub-regulation (1a.) of regulation 18, open the special ballot-box and”;—

(b) by omitting from paragraph (a) thereof the words “open the ballot-box and”; and

(c) by adding at the end thereof the following sub-regulation:—

“(2.) Each Deputy Returning Officer by whom voting-papers are to be admitted to the scrutiny in pursuance of sub-regulation (1a.) of regulation 18 of these Regulations shall, after complying with the provisions of the last preceding sub-regulation notify the Returning Officer of the number of voting-papers which may be required to be admitted by him to the scrutiny in pursuance of sub-regulation (1a.) of regulation 18 of these Regulations.”

6. Regulation 21 of the Dairy Produce Export Control (Poll) Regulations is amended by omitting the word “paragraph” and inserting in its stead the word “regulation”.

7. Regulation 23 of the Dairy Produce Export Control (Poll) Regulations is amended by adding at the end thereof the following proviso:—

“Provided that the result of the scrutiny of the voting-papers received by a Deputy Returning Officer at or before four o’clock in the afternoon of the day fixed for the close of the poll shall be telegraphed, and the statement referred to in regulation 21 of


these Regulations with respect to those voting-papers shall be posted to the Returning Officer notwithstanding that the scrutiny of voting-papers to be admitted to the scrutiny in pursuance of sub-regulation (1a.) of regulation 18 of these Regulations has not been completed.”

8. Regulation 24 of the Dairy Produce Export Control (Poll) Regulations is amended by inserting, after sub-regulation (1), the following sub-regulation:—

“(1a) Where the Returning Officer is satisfied that the votes recorded on the voting-papers to be admitted to the scrutiny under sub-regulation (1a.) of regulation 18 of these Regulations could not possibly affect the result of the poll, he may, without awaiting the result of the scrutiny of the voting-papers so to be admitted to the scrutiny, make out and transmit to the Minister the statement referred to in the last preceding sub-regulation, and the Minister may, without awaiting that result, announce the result of the poll and cause notice of the result of the poll to be published in the Gazette”.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.

Overview

The Dairy Produce Export Control Act 1924 was enacted to address the need for regulation and control over the export of dairy produce from Australia, ensuring that the industry could operate effectively and fairly. This legislation was introduced by the Commonwealth Parliament to provide a framework for managing the export of dairy products, aiming to balance the interests of producers, exporters, and consumers. The Act was designed to implement a system of control over the export of dairy produce by requiring a poll among producers and establishing procedures for the collection and scrutiny of voting papers. This was intended to ensure that the views of the dairy producers were fairly represented in decisions about the export of their products. The policy objective was to maintain orderly and efficient operations in the dairy industry while providing a democratic process for producers to express their opinions on export matters.

Scope and Application

The Statutory Rules 1924 No. 186, made under the Dairy Produce Export Control Act 1924, establish specific regulations pertaining to the export control of dairy produce. These regulations apply to producers of dairy products in each state, who are subject to the poll process for determining the level of export control. The Act, and consequently these regulations, have a national reach, as they govern activities across all states within the Commonwealth of Australia. The provisions outlined in these regulations modify existing rules regarding the polling process, including the certification of producer rolls, the handling of late voting papers, and the procedures for scrutinising votes. Notably, these regulations amend previous Statutory Rules, specifically Statutory Rules 1924 No. 167 and No. 177, to refine the process further. While these regulations primarily govern the procedural aspects of the poll, they do not explicitly outline exclusions, exemptions, or thresholds for specific entities or industries. The application of these regulations is further defined and potentially extended or restricted through additional subordinate instruments issued under the authority of the Act.

Key Provisions

The key provisions of these regulations pertain to the process of conducting a poll for the purposes of the Dairy Produce Export Control Act 1924. Regulation 6 (1) specifies that the roll of producers for each state must be certified by a Returning Officer or a Deputy Returning Officer as correct. Regulation 17 (2) mandates that a special ballot-box be used for receiving voting papers after the official closing time of the poll. Regulation 18 (1a) allows the Minister to admit voting papers received after the closing time under specific circumstances. Regulation 20 (2) requires Deputy Returning Officers to notify the Returning Officer of the number of voting papers they will admit to scrutiny. Regulation 24 (1a) permits the Returning Officer to announce the poll result without waiting for the scrutiny of certain voting papers if they do not affect the outcome. These regulations impose several obligations on parties involved in the poll process. The Returning Officer and Deputy Returning Officers must ensure that the roll of producers is certified as correct and that voting papers received after the stipulated time are handled according to specific procedures. They are also required to keep a special ballot-box for late voting papers and to notify the Returning Officer of the number of such papers. The Returning Officer must submit the poll results to the Minister, who may announce the results without waiting for the scrutiny of certain voting papers if they do not impact the outcome. The regulations do not explicitly detail offences, penalties, or consequences for breach. However, given the context of the legislation and the importance of the poll process in determining export controls, non-compliance with these regulations could lead to significant administrative or legal repercussions. Breaches may result in the invalidation of the poll, necessitating a re-conduct, which could delay decision-making processes related to dairy produce exports.

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