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

Legislation au C1930L00117 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1930. No. 117.

 

REGULATIONS UNDER THE DRIED FRUITS EXPORT CONTROL ACT 1924-1930.

I, THE person administering the Government of 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 1924-1930, to come into operation forthwith.

Dated this third day of October, 1930.

SOMERS

Administering the Government of the

Commonwealth of Australia.

By His Excellency’s Command,

F. M. FORDE

Acting Minister of State for Markets.

 

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

(Statutory Rules 1924, No. 203, as amended to this date.)

1. Regulation 3 of the Dried Fruits Export Control (Election of Board) Regulations is amended—

(a) by omitting from the definition of “'Officer” the words “and Migration”; and

(b) by omitting the definition of “The Minister.”

2. Regulation 5 of the Dried Fruits Export Control (Election of Board) Regulations is omitted and the following Regulation inserted in its stead:—

List of voters to be prepared.

“5. The Returning Officer shall arrange for the preparation of a roll of growers in each of the States of New South Wales, Victoria, South Australia and Western Australia entitled to vote at the election.”

3. Regulation 5a of the Dried Fruits Export Control (Election of Board) Regulations is amended by omitting from the Form of claim for enrolment the words “States of New South Wales, Victoria, and South Australia (or the roll of growers for the State of Western Australia, as the case may be)” and inserting in their stead the words “ State of              ”.

4. Regulation 6 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) The rolls for the States of New South Wales, Victoria, South Australia and Western Australia shall be the rolls of growers to be used for the purpose of the election in the State to which these rolls respectively refer, and shall be certified by the Returning Officer or a Deputy Returning Officer, by writing under his hand, to be correct”.


5. Regulation 9 of the Dried Fruits Export Control (Election of Board) Regulations is omitted and the following regulation inserted in its stead:—

Mode of nomination.

9. A nomination shall be in accordance with the following form and shall be signed by not less than twenty persons entitled to vote at the election for which the candidate is nominated, and shall be lodged with the Returning Officer on or before the day fixed in that behalf by the Minister:—

Commonwealth of Australia.

Dried Fruits Export Control Act 1924-1930.

Dried Fruits Export Control (Election of Board) Regulations.

NOMINATION OF ONE GROWERS’ REPRESENTATIVE OR TWO GROWERS’ REPRESENTATIVES (AS THE CASE MAY BE) ON THE DRIED FRUITS CONTROL BOARD.

Note.—A nomination will not be valid unless received by the Returning, Officer on or before

the 19 .

To the Returning Officer—

We, the undersigned, being growers of fruits from which dried currants, dried sultanas or dried lexias are produced and entitled to vote at the election of one representative or two representatives (as the case may be) on the Dried Fruits Control Board, do hereby nominate the following person as a representative on the Board for the State of             

Christian name or names in full of person nominated (in block letters)

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

Surname (in block letters).................................

Place of living.........................................

Occupation...........................................

Signature of Nominator.

Place of Living.

Date of Signature.

Witness to Signature.

 

 

 

 

I.................of....................consent

to the above nomination and to act if elected.

Signature of Candidate..................

Witness............................

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

Date..........................19....

N.B.—The candidate’s consent to the nomination may be on a separate paper and in any form, but if given on the nomination paper in the above form its sufficiency is not to be questioned.

A nomination shall be signed by not less than twenty growers entitled to vote at the election for which the candidate is nominated.

A grower shall only be entitled to vote at the election if his name is placed on the roll of growers pursuant to a claim for enrolment lodged by him with the Returning Officer on or before the date, viz………19………….., fixed in that behalf by the Minister.”.


6. Regulation 22 of the Dried Fruits Export Control (Election of Board) Regulations is amended—

(а) by omitting the words “ States of New South Wales, Victoria and South Australia” (first occurring) and inserting in their stead the words “ State of Victoria”; and

(b) by omitting from the heading of the form of ballot-paper the words “Election of three representatives of growers for the States of New South Wales, Victoria and South Australia” and inserting in their stead the words “Election of two representatives of growers for the State of Victoria ”.

7. Regulation 23 of the Dried Fruits Export Control (Election of Board) Regulations is amended:—

(а) by omitting the words “ Western Australia” (first occurring) and inserting in their stead the words “New South Wales, South Australia or Western Australia (as the case may be)”; and

(b) by omitting from the heading of the form of ballet-paper the words “Election of one representative of growers for the State of Western Australia and inserting in their stead the words “ Election of one representative of growers for the State of New South Wales, South Australia or Western Australia (as the case may be)”.

8. Regulation 26 of the Dried Fruits Export Control (Election of Board) Regulations is amended by omitting sub-regulation (2).

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

(a) by omitting the words “States of New South Wales, Victoria and South Australia” and inserting in their stead the words “State of Victoria”;

(b) by omitting from sub-paragraph (d) of paragraph (3) the word “paragraphs” (wherever occurring) and inserting in its stead the word “sub-paragraphs”;

(c) by omitting from that sub-paragraph the word “ sub-regulation” (wherever occurring) and inserting in its stead the word “paragraph”;

(d) by omitting paragraph (4);

(e) by omitting from paragraph (9) the word “sub-regulation” and inserting in its stead the word “paragraph”;

(f) by omitting from sub-paragraph (c) of paragraph (10) the words “ a second or any subsequent vacancy ” and inserting, in their stead the words “ the second vacancy”; and

(g) by omitting from that sub-paragraph the word “section” and inserting in its stead the word “ regulation”.

10. Regulation 31 of the Dried Fruits Export Control (Election of Board) Regulations is amended—

(a) by omitting, the words “Western, Australia” and inserting in their stead the words “New South Wales, South Australia or Western Australia (as the case may be)”; and

(b) by omitting from paragraph, (5) the word “sub-regulation” and inserting in its stead the word “Paragraph”.

11. Regulation 33 of the Dried Fruits Export Control (Election of Board) Regulations is amended by omitting the word “section” and inserting in its stead the word “regulation”.

12. Regulation 40 of the Dried Fruits Export Control (Election of Board) Regulations is amended by inserting a comma after the word “election” (first occurring).


13. Regulation 44 of the Dried Fruits Export, Control (Election of Board) Regulations: is amended—

(a) by omitting, from paragraph (iia) of sub-regulation (1) the words “a prescribed” and inserting in their stead the word “an”;

(b) by omitting, from, that paragraph the word “prescribed” (second occurring);

(c) by omitting, from sub-regulation (2) the word “section” and inserting in its stead the word “regulation”; and

(d) by omitting from sub-regulation (3) the word “section” and inserting in its stead the word “ regulation ”

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Dried Fruits Export Control Act 1924-1930 was enacted to regulate the export of dried fruits, specifically dried currants, dried sultanas, and dried lexias, from Australia. This Act was introduced to address the need for a structured and controlled export system that would benefit growers and the broader economy by ensuring fair practices and standards in the export of dried fruits. The Act was enacted by the Parliament of Australia, with a policy objective to manage the export process effectively and maintain the quality and reputation of Australian dried fruits in international markets. The accompanying Statutory Rules 1930, No. 117, detail amendments to the regulations governing the election of representatives to the Dried Fruits Control Board, ensuring the process remains efficient and reflective of the growers' interests across the specified states.

Scope and Application

The Dried Fruits Export Control (Election of Board) Regulations, made under the authority of the Dried Fruits Export Control Act 1924-1930, govern the procedures and processes for the election of growers' representatives to the Dried Fruits Control Board. These Regulations apply to eligible growers in the states of New South Wales, Victoria, South Australia, and Western Australia, who are entitled to vote in the election of Board members. The Regulations outline the preparation of voter rolls, the nomination process, and the conduct of the election itself, ensuring that the Board's composition reflects the interests of the dried fruits industry across these states. The Regulations also specify the form and content of nomination papers and ballot papers, as well as the procedures for certifying the rolls and conducting the election. Any amendments to these Regulations extend or restrict their application, thereby shaping the electoral process for the Dried Fruits Control Board.

Key Provisions

The regulations under the Dried Fruits Export Control Act 1924-1930, specifically the Dried Fruits Export Control (Election of Board) Regulations, outline several key provisions. Regulation 3 has been amended to exclude the definition of "Officer" and "The Minister," which were previously included in the original regulations (Regulations, 1924, No. 203). Regulation 5 has been replaced with a new requirement for the Returning Officer to prepare a roll of growers in each of the States of New South Wales, Victoria, South Australia, and Western Australia who are entitled to vote in the election (Regulation 5). The form of claim for enrolment has also been modified to specify the relevant state (Regulation 5a). Regulation 6 has been amended to require that the rolls for the specified states must be certified as correct by the Returning Officer or a Deputy Returning Officer (Regulation 6). Regulation 9 introduces a new form for the nomination of candidates, which must be signed by at least twenty eligible voters and submitted to the Returning Officer by a specified date (Regulation 9). The obligations imposed by these regulations are primarily directed towards the Returning Officer and the growers. The Returning Officer is responsible for preparing the rolls of growers, certifying these rolls, and ensuring that nominations are received by the stipulated date. Growers, in turn, must lodge a claim for enrolment with the Returning Officer by the date specified by the Minister to be eligible to vote. Furthermore, growers must sign nomination papers for candidates and ensure that these papers are submitted on time. Breaches of these regulations may lead to civil or administrative consequences. For instance, failure to prepare the rolls of growers correctly or to certify them as required may result in the election process being deemed invalid. Similarly, if nominations are not signed by the requisite number of growers or are not submitted by the deadline, the nomination may be deemed invalid. While the regulations do not explicitly state criminal penalties, non-compliance with these provisions could potentially lead to legal actions under the broader framework of the Dried Fruits Export Control Act 1924-1930, which may include fines or other penalties as prescribed by law.

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