Dried Fruits Export Control (Election of Board) Regulations (Amendment)

Legislation au C1952L00099 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1952. No. 99.

REGULATIONS UNDER THE DRIED FRUITS EXPORT CONTROL ACT 1924-1952.*

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 Dried Fruits Export Control Act 1924-1952.

Dated this seventh day of November, 1952.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

J. McEWEN

Minister of State for Commerce and Agriculture.

Amendments of the Dried Fruits Export Control (Election of Board) Regulations.†

Definitions.

1. Regulation 4 of the Dried Fruits Export Control (Election of Board) Regulations is amended—

(a) by omitting the definition of “election” and inserting in its stead the following definition:—

“‘election’ means an election by growers in accordance with these Regulations of a person to be the member representing growers in a State referred to in paragraphs (b), (c), (d) or (e) of sub-section (2.) of section 4 of the Act;”; and

(b) by omitting the definition of “the Act” and inserting in its stead the following definition:—

“‘the Act’ means the Dried Fruits Export Control Act 1924-1952;”.

2. Regulation 11 of the Dried Fruits Export Control (Election of Board) Regulations is repealed and the following regulation inserted in its stead:—

Mode of nomination.

“11.—(1) A nomination for the election of a member may be in accordance with Form A.

“(2.) A nomination shall be signed by at least ten persons entitled to vote at the election.

“(3.) Each person signing a nomination shall sign in the presence of a witness.”.

* Notified in the Commonwealth Gazette on 13th November, 1952.

† Statutory Rules 1936, No. 151.

4486.—Price 3d.


Requisites for nomination.

3. Regulation 12 of the Dried Fruits Export Control (Election of Board) Regulations is amended by omitting paragraph (a) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(a) the person nominated consents in writing in the presence of a witness to his nomination as a candidate; and”.

Scrutiny of votes and declarations.

4. Regulation 28 of the Dried Fruits Export Control (Election of Board) Regulations is amended by omitting from paragraphs (c) and (f) the words “one representative (or two representatives, as the case may be) of” and inserting in their stead the words “(here insert number of members to be elected) members representing”.

Counting of votes for members representing growers in Victoria and South Australia.

5. Regulation 30 of the Dried Fruits Export Control (Election of Board) Regulations is amended—

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

“(1.) In a poll for the election of members representing growers in the State of Victoria or in the State of South Australia, the scrutiny shall be conducted in accordance with this regulation.”; and

(b) by inserting after sub-regulation (4.) the following sub-regulation:—

“(4a.) The third vacancy in a poll for the election of a member in the State of Victoria shall be filled in the manner provided for the filling of a second vacancy except that each ballot paper on which a first preference for an elected candidate is indicated shall be placed in the parcel of the continuing candidate next in order of the voter’s preference.”.

Counting of votes for members representing growers in New South Wales and Western Australia.

6. Regulation 31 of the Dried Fruits Export Control (Election of Board) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) In a poll for the election of a member representing growers in the State of New South Wales or in the State of Western Australia, the scrutiny be conducted in accordance with this regulation.”.

The Schedule—Form A.

7. The Schedule to the Dried Fruits Export Control (Election of Board) Regulations is amended by omitting Form A and inserting in its stead the following form:—

Form. A. Regulation 11.

Commonwealth of Australia.

Dried Fruits Export Control (Election of Board) Regulations.

NOMINATION FOR ELECTION OF A MEMBER OF THE DRIED FRUITS CONTROL BOARD TO REPRESENT GROWERS IN THE STATE OF

To the Returning Officer:

We, the undersigned growers, being growers entitled to vote at the forthcoming election of a member of the Dried Fruits Control Board, hereby nominate the following person as a candidate for the election of a person to be a member of that Board representing growers in the State of              .


Surname of candidate—

Christian names of candidate—

Place of residence: Occupation:

Signature of Nominator.

Place of Residence.

Date of Signature.

Witness to Signature.

1.

 

 

 

2.

 

 

 

3.

 

 

 

4.

 

 

 

5.

 

 

 

6.

 

 

 

7.

 

 

 

8.

 

 

 

9.

 

 

 

10.

 

 

 

I, of , consent to my nomination as a candidate for the election of a person to be a member representing growers in

the State of .

Dated this day of  19 .

Signature of candidate:

Signature of witness:

Address of witness:

The Schedule—Form C.

8. The Schedule to the Dried Fruits Export Control (Election of Board) Regulations is amended by omitting from Form C the words “[here insert ‘one representative of growers for the State of              ’ or ‘two representatives of growers for the State of Victoria.’ as the case may be]” and inserting in their stead thewords “[here insert the number of members to be elected] members in the State of              ”.

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

Overview

The Dried Fruits Export Control Regulations 1952 were enacted under the authority of the Dried Fruits Export Control Act 1924-1952, aiming to refine the processes governing the election of board members who represent dried fruit growers in the export control sector. This legislative instrument was made by the Governor-General in Council, reflecting the Commonwealth Parliament's intention to streamline the election process to ensure better representation and governance within the Dried Fruits Control Board. The amendments introduced by these regulations focus on updating the nomination procedures, scrutinising votes, and clarifying the counting of votes in different states, thereby addressing procedural gaps and enhancing the efficiency and transparency of the electoral process for the board.

Scope and Application

The Dried Fruits Export Control Act 1924-1952, as amended by these regulations, applies to the process of electing members to the Dried Fruits Control Board who will represent growers in the states of New South Wales, Victoria, South Australia, and Western Australia. These regulations specify the procedures for the nomination of candidates, the conduct of elections, and the counting of votes. The geographic reach of these regulations is confined to the states mentioned, thereby targeting the specific industry of dried fruit growers within these jurisdictions. Notably, these regulations do not extend to other states or territories, nor do they apply to other industries or transactions outside the scope of dried fruit exports. Furthermore, these regulations amend previous electoral procedures and forms as outlined in the Dried Fruits Export Control (Election of Board) Regulations, thus ensuring updated and streamlined processes for board member elections. While the primary legislation sets the overarching framework, these regulations provide detailed mechanisms through which the legislative intent is realised.

Key Provisions

The key provisions of these Regulations primarily concern the processes for nominating and electing members of the Dried Fruits Control Board to represent growers in different states. Regulation 1, for example, amends the definition of "election" to clarify that it refers to the election of a person to be the member representing growers in a specific state. Regulation 2 replaces the existing mode of nomination with a new form, Form A, which must be signed by at least ten persons entitled to vote at the election, each in the presence of a witness. Regulation 3 modifies the requisites for nomination, requiring the person nominated to consent to their nomination in writing in the presence of a witness. These Regulations impose several obligations on the parties involved in the election process. Notably, Regulation 11 mandates that nominations must adhere to Form A, ensuring a standardised and transparent process. Regulation 12 further stipulates that the nominated person must consent to their nomination in writing and in the presence of a witness, reinforcing the formal and deliberate nature of the nomination process. Additionally, Regulation 28 and Regulation 30 address the scrutiny of votes and the counting of votes for members representing growers in Victoria and South Australia, respectively, while Regulation 31 deals with the counting of votes for members representing growers in New South Wales and Western Australia. Breach of these Regulations may result in various consequences, though the specific penalties are not detailed in the provided text. Given the legislative context, non-compliance with these Regulations could potentially lead to administrative penalties, legal challenges, or other civil consequences as prescribed by the overarching Dried Fruits Export Control Act 1924-1952. For instance, failure to follow the nomination process as outlined in Regulation 11 could render a nomination invalid, thereby impacting the election outcome.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.