2010
2010
s2009-541
2015-07-03
Rice Marketing Act 1983
act-1983-176
reg
none
reprint
sl-2014-0757
allinforce
website
LW 9 July 2010
1
2015-09-01
2015-07-03
statrule
sl-2015-0360
sl-2010-0357
9b734300-325f-478a-a495-460b07fe5640
6e6d9ba5-4c7c-4857-bf5b-3e4139cb65b9
Repeal:
The Regulation was repealed by cl 66 (1) of the
Rice Marketing Regulation
2015 (360) (LW 3.7.2015) with effect from
3.7.2015.
Part 1Preliminary
1Name of
Regulation
This Regulation is the Rice Marketing Regulation
2010.
2Commencement
This Regulation commences on 1 September 2010 and
is required to be published on the NSW legislation website.
Note—
This Regulation replaces the Rice Marketing Regulation 2005 which is
repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act
1989.
3Definition
(1)
In this Regulation:
Rice
Marketing Board or Board means the Rice Marketing Board
for the State of New South Wales constituted under the Act.
the
Act means the Rice Marketing
Act 1983.
(2)
Notes included in this Regulation do not form
part of this Regulation.
Part 2Polls and
elections
Division 1Preliminary
4Definitions
(1)
In this Part:
election means an election under
Part 2 of the Act.
poll means a poll under Part 2 of
the Act.
prescribed qualifications means the
qualifications prescribed by clause 5.
Note—
Sections 39 (2) and 40 (2) of the Act provide
that the Electoral Commissioner for New South Wales, or a person employed in
the office of and nominated by the Electoral Commissioner, is to be the
returning officer for a poll or election.
5Prescribed
qualifications
A producer of rice has the prescribed
qualifications to vote at a poll or election if:
(a)
the producer has delivered rice, grown in New
South Wales, to an authorised buyer at any time in the calendar year in which
the poll or election is held, or in the 3 calendar years immediately preceding
that year, or
(b)
the producer has sown rice in New South Wales, at
any time in the 2 calendar years immediately preceding the year in which the
poll or election is held, for the purpose of growing or producing rice for
sale.
cl 5: Am 2014 (757),
cl 3.
Division 2Polls
Subdivision 1Preliminary
6Definitions
In this Division:
appropriate officer means:
(a)
in relation to a poll under section 7 or 81 of
the Act—the Director-General, and
(b)
in relation to any other poll—the secretary
of the Rice Marketing Board.
calling
of the poll for a poll means the date on which a notice is
first published under clause 8 in respect of the poll.
close of
enrolments for a poll means the final time and date fixed by
the returning officer for the close of enrolments in the poll.
close of
exhibition of the roll for a poll means the final time and
date fixed by the returning officer for the close of exhibition of the roll in
the poll.
close of
the poll for a poll means the final time and date fixed by
the returning officer for the close of the poll.
final
roll for a poll means the roll prepared for the poll by the
returning officer under Subdivision 3.
preliminary roll for a poll means
the roll for the poll provided to the returning officer under clause
7.
Subdivision 2Calling of the
poll
7Preparation of preliminary
roll
(1)
As soon as practicable after the Governor has
directed that a poll be taken in any area on any question, the returning
officer must notify the appropriate officer:
(a)
that a poll is to be held in that area on that
question, and
(b)
that the appropriate officer is required to give
the returning officer:
(i)
a preliminary roll of the persons who, in the
opinion of the appropriate officer, are qualified to vote in the poll,
and
(ii)
an appropriately addressed label, or an
appropriately addressed envelope, for each person whose name is included in
the roll.
(2)
The preliminary roll:
(a)
must contain the full names (consecutively
numbered and listed in alphabetical order) and addresses of the persons whose
names are included in the roll, and
(b)
must be certified by the appropriate officer in a
form approved by the Director-General.
(3)
This clause does not apply to a poll to be held
as a consequence of an earlier poll that has failed if a preliminary roll for
the earlier poll has already been provided to the returning
officer.
8Notice of
poll
(1)
As soon as practicable after the Governor has
directed that a poll be taken in any area on any question, the returning
officer must cause notice that a poll is to be held:
(a)
to be published in at least one newspaper
circulating generally throughout New South Wales, or
(b)
to be sent by post to each person whose name is
included in the preliminary roll for the poll at the address shown on the
roll.
(2)
The notice:
(a)
must state the question on which the poll is
being conducted, and
(b)
must fix a time and date for the close of
exhibition of the preliminary roll, and
(c)
must advise where copies of the preliminary roll
will be exhibited, and
(d)
must fix a time and date for the close of
enrolments, and
(e)
must specify the qualifications which entitle a
person to vote, and
(f)
must advise where applications for enrolment and
objections against enrolment may be lodged, and
(g)
must fix the time and date for the close of the
poll.
(3)
The notice must also state that it is compulsory
for persons who are entitled to vote in the poll to be enrolled, or to apply
for enrolment, in the final roll for the poll.
(4)
The close of exhibition of the roll must not be
earlier than 14 days after the calling of the poll.
(5)
The close of enrolments must not be earlier than
the close of exhibition of the roll or later than 14 days before the close of
the poll.
(6)
The close of the poll must not be earlier than 28
days, or later than 90 days, after the calling of the
poll.
9Postponement of
poll
(1)
The returning officer may postpone (for a period
not exceeding 14 days) the close of exhibition of the roll, the close of
enrolments or the close of the poll by a notice published in the same way as
the notice stating that a poll is to be held.
(2)
The power conferred on the returning officer by
this clause may be exercised more than once in respect of a
poll.
Subdivision 3Preparation of final
roll
10Exhibition of preliminary
roll
The returning officer must cause copies of the
preliminary roll to be exhibited for public inspection:
(a)
at the places where applications for enrolment
and objections against enrolment may be lodged, and
(b)
for a period of at least 14 days ending at the
close of exhibition of the roll.
11Qualifications for
voting
(1)
A person is qualified to vote in a poll if, and
only if, the person has the prescribed qualifications.
(2)
This clause does not entitle a person (whether in
his or her own capacity or in his or her capacity as the representative of
some other person) to vote more than once in any poll.
12Enrolment
compulsory
It is compulsory for every person who is entitled
to vote in a poll to be enrolled, or to apply for enrolment, in the final roll
for the poll.
13Enrolment of
representatives
(1)
If, in the opinion of the returning officer, rice
is actually grown or produced for sale:
(a)
on behalf of a corporation—the corporation
is taken to be enrolled, or to apply for enrolment, in the final roll for a
poll if, and only if, a nominee of the corporation is so enrolled, or so
applies for enrolment, in that roll as the representative of the corporation,
or
(b)
on behalf of a partnership—the partnership
is taken to be enrolled, or to apply for enrolment, in the final roll for a
poll if, and only if, a nominee of the partnership is so enrolled, or so
applies for enrolment, in that roll as the representative of the partnership,
or
(c)
by trustees or by legal personal representatives
(whether as agents, administrators or executors or otherwise) on behalf of a
person or the estate of a person—the person or estate is taken to be
enrolled, or to apply for enrolment, in the final roll for a poll if, and only
if, a nominee of those trustees or representatives is so enrolled, or so
applies for enrolment, in that roll as the representative of the person or
estate.
(2)
Only one person may be nominated to vote in the
poll as a representative of the corporation, partnership, person or estate
concerned.
(3)
A nominee must be a natural person who is not
already enrolled in the final roll for the poll in some other
capacity.
(4)
A representative of a corporation, partnership,
person or estate is taken to be a producer for the purposes of enrolment and
of any poll in which the corporation, partnership, person or estate is
qualified to vote.
(5)
In this clause, a reference to a partnership
includes a reference to any group of persons who, in the opinion of the
returning officer, are engaged in a single enterprise in the growing or
production for sale of rice, but does not include the parties to a
share-farming agreement.
(6)
In forming such an opinion in respect of a group
of persons, the returning officer may ignore the existence of any legal entity
that consists of or includes persons who form part of the
group.
(7)
For the purpose of enabling the returning officer
to form an opinion as to whether rice is actually grown or produced for sale
on behalf of a corporation or a partnership or by trustees or legal personal
representatives on behalf of a person or an estate of a person, the returning
officer may require the appropriate officer to furnish the returning officer
with such information as the returning officer may
specify.
14Applications for enrolment by
persons not already enrolled
(1)
A person whose name does not appear on the
preliminary roll for a poll may apply for enrolment in the final roll for the
poll.
(2)
The application must be in a form approved by the
Director-General and must be lodged with the returning officer before the
close of enrolments.
(3)
On receipt of the application, the returning
officer:
(a)
if satisfied that the applicant is entitled to
enrolment, must accept the application and enter the name and address of the
applicant in the final roll for the poll, or
(b)
if not so satisfied, must reject the application
and inform the applicant in writing that the application has been rejected,
or
(c)
if the application is not in the proper form or
is incomplete, must return the application for correction or completion and
consider the duly corrected or completed application in accordance with this
clause.
(4)
For the purpose of enabling the returning officer
to form an opinion as to whether a person is entitled to enrolment, the
returning officer may require the appropriate officer to furnish the returning
officer with such information regarding the person as the returning officer
may specify.
15Objections to
enrolment
(1)
Before the close of enrolments, the returning
officer and any person who is entitled to vote in a poll may object to the
inclusion of the name of any person in the final roll.
(2)
An objection:
(a)
must be in a form approved by the
Director-General, and
(b)
must state the grounds on which it is made,
and
(c)
must be signed by the objector,
and
(d)
must be lodged with the returning
officer.
(3)
The returning officer must send particulars of an
objection to the person to whom the objection relates.
(4)
The person to whom an objection relates may lodge
a written reply with the returning officer within 7 days after the date on
which particulars of the objection were sent to that
person.
(5)
The returning officer must consider each
objection, and any reply received within that 7 day period, and may make such
inquiries as the returning officer thinks fit.
(6)
The returning officer may accept or reject an
objection.
(7)
If the returning officer accepts an objection,
the returning officer must exclude the name of the person to whom the
objection relates from the final roll for the poll and must inform the person
and the objector, in writing, that the person’s name is so
excluded.
(8)
If the returning officer rejects an objection,
the returning officer must inform the person to whom the objection relates and
the objector, in writing, that the returning officer has rejected the
objection.
(9)
The returning officer may require a person who
lodges an objection, or who replies to an objection, to verify the objection
or reply by statutory declaration.
(10)
For the purpose of enabling the returning officer
to make a decision to accept or reject an objection to the inclusion of the
name of a person in the final roll, the returning officer may require the
appropriate officer to furnish the returning officer with such information
regarding the person as the returning officer may
specify.
16Postponement of poll not to
affect final roll
The validity of the final roll for a poll is not
affected by the postponement of the close of the poll by a notice published
after the close of exhibition of the roll, and the roll remains the final roll
for the poll.
Subdivision 4The
ballot
17Voting
optional
Voting at a poll is not
compulsory.
18Printing of
ballot-papers
(1)
As soon as practicable after the close of
enrolments in a poll, the returning officer must cause sufficient
ballot-papers to be printed to enable a ballot-paper to be sent to each person
whose name is included in the final roll for the poll.
(2)
A ballot-paper for a poll must contain:
(a)
the question to be voted on in the poll followed
by the words “YES” and “NO”, together with appropriate
spaces for the voter to indicate the voter’s intention with respect to
the question, and
(b)
such directions as to the manner in which a vote
is to be recorded and returned to the returning officer as the returning
officer considers appropriate.
19Distribution of
ballot-papers
As soon as practicable after the printing of the
ballot-papers for a poll, the returning officer must send to each person
included in the final roll for the poll:
(a)
a ballot-paper that is initialled by the
returning officer (or by a person authorised by the returning officer) or that
bears a mark prescribed as an official mark for the purposes of section 122A
(3) of the Parliamentary Electorates and
Elections Act 1912, and
(b)
an unsealed envelope addressed to the returning
officer and bearing on the back the words “FULL NAME AND ADDRESS OF
VOTER” and “SIGNATURE OF VOTER”, together with appropriate
spaces for the insertion of a name, address and
signature.
20Duplicate
ballot-papers
(1)
At any time before the close of the poll, the
returning officer may issue to a voter a duplicate ballot-paper and envelope
if the voter satisfies the returning officer by statutory declaration:
(a)
that the original ballot-paper has been spoilt,
lost or destroyed, and
(b)
that the voter has not already voted in the poll
to which the ballot-paper relates.
(2)
The returning officer is to maintain a record of
all duplicate ballot-papers issued under this clause.
21Recording of
votes
In order to vote in a poll, a person:
(a)
must record a vote on the ballot-paper in
accordance with the directions shown on it, and
(b)
must place the completed ballot-paper (folded so
that the vote cannot be seen) in the envelope addressed to the returning
officer, and
(c)
must seal the envelope, and
(d)
must complete the person’s full name and
address on, and must sign, the back of the envelope, and
(e)
must return the envelope to the returning officer
so as to be received before the close of the poll.
Subdivision 5The
scrutiny
22Receipt of
ballot-papers
(1)
The returning officer must reject (without
opening it) any envelope purporting to contain a ballot-paper if the envelope
is not received by the returning officer before the close of the poll or is
received unsealed.
(2)
The returning officer must examine the name on
the back of each remaining envelope and, without opening the envelope:
(a)
must accept the ballot-paper in the envelope and
draw a line through the name on the final roll for the poll that corresponds
to the name on the back of the envelope, if satisfied that a person of that
name is included in the roll, or
(b)
must reject the ballot-paper in the envelope, if
not so satisfied or if a name, address or signature does not appear on the
back of the envelope.
(3)
The returning officer may reject a ballot-paper
without opening the envelope if, after making such inquiries as the returning
officer thinks fit:
(a)
the returning officer is unable to identify the
signature on the back of the envelope, or
(b)
it appears to the returning officer that the
signature on the back of the envelope is not the signature of the person whose
name and address appear on the back of the
envelope.
23Ascertaining result of
poll
The result of a poll is to be ascertained by the
returning officer as soon as practicable after the close of the
poll.
24Scrutineers
Each organisation which, in the opinion of the
returning officer, has an interest in the outcome of a poll is to be entitled
to appoint, by notice in writing, a scrutineer to represent it at all stages
of the scrutiny.
25Scrutiny of
votes
(1)
The scrutiny of votes in a poll is to be
conducted as follows:
(a)
the returning officer is to produce, unopened,
the envelopes containing the ballot-papers accepted for
scrutiny,
(b)
the returning officer is then to open each such
envelope, extract the ballot-paper and (without unfolding it) place it in a
locked ballot-box,
(c)
when the ballot-papers from all such envelopes
have been placed in the ballot-box, the returning officer is then to unlock
the ballot-box and remove the ballot-papers,
(d)
the returning officer is then to examine each
ballot-paper and reject those that are informal,
(e)
the returning officer is then to proceed to count
the votes and ascertain the result of the poll.
(2)
At the scrutiny of votes in a poll, a
ballot-paper must be rejected as informal if:
(a)
it is neither initialled by the returning officer
(or by a person authorised by the returning officer to do so) nor bears a mark
prescribed as an official mark for the purposes of section 122A (3) of the
Parliamentary Electorates and Elections Act
1912, or
(b)
it has on it any mark or writing which the
returning officer considers could enable any person to identify the voter who
completed it, or
(c)
it has not been completed in accordance with the
directions shown on it.
(3)
However, a ballot-paper is not to be rejected as
informal merely because of any mark or writing on it that is not authorised or
required by this Regulation (unless it is a mark or writing referred to in
subclause (2) (b)) if the returning officer considers that the voter’s
intention is clearly indicated on the ballot-paper.
(4)
The result of the poll is to be ascertained by
determining the following:
(a)
the number of votes accepted in the
poll,
(b)
the number of votes in favour of the question on
which the poll is being taken,
(c)
the number of votes against that
question,
(d)
the number of votes rejected as
informal.
26Notification of result of
poll
As soon as practicable after the result of a poll
has been ascertained, the returning officer is to notify the Minister and the
appropriate officer in writing of the result of the
poll.
Division 3Elections
Subdivision 1Preliminary
27Definitions
In this Division:
appropriate officer means:
(a)
in the case of an election to a vacancy as
required by clause 6 (1) of Schedule 2 to the Act—the secretary of the
Rice Marketing Board, or
(b)
in any other case—the
Director-General.
area includes electoral
district.
calling
of the ballot for an election means the date on which a
notice is first published for the election under clause 36.
calling
of the election means the date on which a notice is
published for the election under clause 28.
close of
enrolments for an election means the final time and date
fixed by the returning officer for the close of enrolments in the
election.
close of
exhibition of the roll for an election means the final time
and date fixed by the returning officer for the close of exhibition of the
roll in the election.
close of
nominations for an election means the final time and date
fixed by the returning officer for the close of nominations in the
election.
close of
the ballot for an election means the final time and date
fixed by the returning officer for the close of the ballot for the
election.
electoral
district means an electoral district appointed under section
9 (1) of the Act.
final
roll for an election means the roll prepared by the
returning officer under Subdivision 5.
preliminary roll for an election
means the roll provided to the returning officer under clause
35.
Subdivision 2Calling of the
election
28Notice of
election
(1)
As soon as practicable after the Governor has
directed that an election is required to be held in any area for any purpose,
the returning officer must cause notice of that fact:
(a)
to be sent to the appropriate officer,
and
(b)
to be published in a newspaper circulating
generally throughout the area.
(2)
The notice to be sent to the appropriate
officer:
(a)
must state that an election is to be held in that
area for that purpose, and
(b)
must fix a time and date for the close of
nominations.
(3)
The notice to be published in the
newspaper:
(a)
must state that an election is to be held in that
area for that purpose, and
(b)
must call for nominations of candidates,
and
(c)
must specify the time and date for the close of
nominations, and
(d)
must advise where nomination forms may be
obtained and where nominations may be lodged, and
(e)
must advise where information is available as to
the qualifications which entitle a producer to nominate a candidate for the
election, and
(f)
must specify the method of counting the votes
that will apply.
Note—
Clause 53 provides that the method of counting
the votes in an election may be either the preferential method provided by the
Constitution Act 1902 or the
“first past the post” method.
(4)
The close of nominations must not be earlier than
21 days, or later than 28 days, after the calling of the
election.
(5)
The returning officer must ensure that
information as to the qualifications which entitle a producer to nominate a
candidate for the election is available as stated in the
notice.
(6)
Information as to those qualifications may be
made available as information forming part of a copy of any form provided by
the returning officer for use in the nomination of a
candidate.
29Postponement of close of
nominations
(1)
The returning officer may postpone the close of
nominations for a period not exceeding 14 days by a notice in a form similar
to, and published in the same manner as, a notice calling for the nomination
of candidates.
(2)
The power conferred on the returning officer by
this clause may be exercised more than once in respect of an
election.
Subdivision 3Nominations
30Eligibility for
nomination
Any person is eligible for nomination as a
candidate for election.
31Nomination of
candidates
(1)
A nomination of a candidate:
(a)
must be in a form approved by the
Director-General, and
(b)
must be made by at least 6 persons (other than
the candidate) who each have the prescribed qualifications,
and
(c)
must be lodged with the returning officer before
the close of nominations.
(2)
If the returning officer is of the opinion that
an insufficient number of the persons by whom a candidate has been nominated
are qualified to nominate a candidate, the returning officer must, as soon as
practicable, cause notice of that fact to be given to the
candidate.
(3)
For the purpose of enabling the returning officer
to form an opinion as to whether a person by whom a candidate in an election
has been nominated is qualified to nominate a candidate, the returning officer
may require the appropriate officer to furnish the returning officer with such
information regarding the person as the returning officer may
specify.
(4)
The appropriate officer must comply with such a
requirement as soon as practicable.
(5)
A candidate who has been nominated in an election
may withdraw the nomination at any time before the close of nominations by
notice in writing addressed to the returning officer.
32Uncontested
elections
If the number of persons who have been duly
nominated as candidates by the close of nominations does not exceed the number
of persons to be elected, each of those persons is taken to have been
elected.
33Contested
elections
If the number of persons who have been duly
nominated as candidates by the close of nominations exceeds the number of
persons to be elected, a ballot must be held.
34Candidate information
sheet
(1)
At any time before the close of nominations, a
candidate may submit to the returning officer a statutory declaration, in a
form approved by the Director-General, containing information intended for
inclusion in a candidate information sheet.
(2)
As soon as practicable after the close of
nominations, the returning officer must, if a ballot is required to be held
for the election, draw up a candidate information sheet consisting of the
information, if any, submitted to the returning officer under this
clause.
(3)
The returning officer may, when drawing up a
candidate information sheet, reject any information submitted if the returning
officer considers that the information is:
(a)
inappropriate for inclusion in a candidate
information sheet, or
(b)
misleading in a material particular,
or
(c)
more than 100 words in
length.
(4)
If the returning officer rejects information
under subclause (3), he or she is to give the candidate notice that the
information is unsuitable and give the candidate 7 days to provide suitable
information in accordance with subclause (1).
(5)
If the candidate does not provide information
that the returning officer considers to be suitable within those 7 days, no
information about the candidate is to be included on the candidate information
sheet.
(6)
Information concerning candidates must appear on
a candidate information sheet in the same order in which the candidates are
listed on the ballot-paper relating to them.
Subdivision 4Calling of the
ballot
35Preparation of preliminary
roll
(1)
As soon as practicable after it becomes apparent
to the returning officer that a ballot is required to be held in respect of an
election, the returning officer must cause notice of that fact to be sent to
the appropriate officer.
(2)
The appropriate officer must provide the
returning officer with:
(a)
a preliminary roll of the persons who, in the
opinion of the appropriate officer, are qualified to vote in the election,
and
(b)
an appropriately addressed label or an
appropriately addressed envelope for each person whose name is included in
that roll.
(3)
The preliminary roll:
(a)
must contain the names (consecutively numbered
and listed in alphabetical order) and addresses of the persons whose names are
included in the roll, and
(b)
must be certified by the appropriate officer in a
form approved by the Director-General.
(4)
This clause does not apply to an election held as
a consequence of an earlier election that has failed if a preliminary roll for
the earlier election has already been provided to the returning
officer.
36Notice of
ballot
(1)
As soon as practicable after receiving the
preliminary roll for the election, the returning officer must cause notice
that an election is to be held:
(a)
to be published in at least one newspaper
circulating generally throughout New South Wales, or
(b)
to be sent by post to each person whose name is
included in the preliminary roll for the election at the address shown on the
roll.
(2)
The notice:
(a)
must state that a ballot is to be taken,
and
(b)
must fix a time and date for the close of
exhibition of the roll, and
(c)
must fix a time and date for the close of
enrolments, and
(d)
must fix a time and date for the close of the
ballot, and
(e)
must advise where copies of the preliminary roll
will be exhibited, and
(f)
must specify the qualifications that qualify a
person to vote, and
(g)
must advise where applications for enrolment and
objections against enrolment may be lodged.
(3)
The notice must also state that it is compulsory
for persons who are entitled to vote in the election to be enrolled, or to
apply for enrolment, in the final roll for the election.
(4)
The close of exhibition of the roll must not be
earlier than 14 days after the calling of the ballot.
(5)
The close of the ballot must not be earlier than
28 days after the calling of the ballot.
(6)
The close of enrolments must not be earlier than
the close of exhibition of the roll or later than 14 days before the close of
the ballot.
37Postponement of
ballot
(1)
The returning officer may postpone (for a period
not exceeding 14 days) the close of exhibition of the roll, the close of
enrolments or the close of the ballot by a notice published in the same way as
the notice stating that a ballot is to be held.
(2)
The power conferred on the returning officer by
this clause may be exercised more than once in respect of an
election.
Subdivision 5Preparation of final
roll
38Exhibition of preliminary
roll
The returning officer must cause copies of the
preliminary roll to be exhibited for public inspection:
(a)
at the places where applications for enrolment
and objections against enrolment may be lodged, and
(b)
for a period of at least 14 days ending at the
close of exhibition of the roll.
39Qualifications for
voting
(1)
A person is qualified to vote in an election if,
and only if, the person has the prescribed
qualifications.
(2)
This clause does not entitle a person (whether in
his or her own capacity or in his or her capacity as the representative of
some other person) to vote more than once in any
election.
40Enrolment
compulsory
It is compulsory for every person who is entitled
to vote in an election to be enrolled, or to apply for enrolment, in the final
roll for the election.
41Enrolment of
representatives
(1)
If, in the opinion of the returning officer, rice
is actually grown or produced for sale:
(a)
on behalf of a corporation—the corporation
is taken to be enrolled, or to apply for enrolment, in the final roll for an
election if, and only if, a nominee of the corporation is so enrolled, or so
applies for enrolment, in that roll as the representative of the corporation,
or
(b)
on behalf of a partnership—the partnership
is taken to be enrolled, or to apply for enrolment, in the final roll for an
election if, and only if, a nominee of the partnership is so enrolled, or so
applies for enrolment, in that roll as the representative of the partnership,
or
(c)
by trustees or by legal personal representatives
(whether as agents, administrators or executors or otherwise) on behalf of a
person or the estate of a person—the person or estate is taken to be
enrolled, or to apply for enrolment, in the final roll for an election if, and
only if, a nominee of those trustees or representatives is so enrolled, or so
applies for enrolment, in that roll as the representative of the person or
estate.
(2)
Only one person may be nominated to vote in the
election as a representative of the corporation, partnership, person or estate
concerned.
(3)
A nominee must be a natural person who is not
already enrolled in the final roll for the election in some other
capacity.
(4)
A representative of a corporation, partnership,
person or estate is taken to be a producer for the purposes of enrolment and
of any election in which the corporation, partnership, person or estate is
qualified to vote.
(5)
In this clause, a reference to a partnership
includes a reference to any group of persons who, in the opinion of the
returning officer, are engaged in a single enterprise in the growing or
production for sale of rice, but does not include the parties to a
share-farming agreement.
(6)
In forming such an opinion in respect of a group
of persons, the returning officer may ignore the existence of any legal entity
that consists of or includes persons who form part of the
group.
(7)
For the purpose of enabling the returning officer
to form an opinion as to whether rice is actually grown or produced for sale
on behalf of a corporation or a partnership or by trustees or legal personal
representatives on behalf of a person or an estate of a person, the returning
officer may require the appropriate officer to furnish the returning officer
with such information as the returning officer may
specify.
42Applications for enrolment by
persons not already enrolled
(1)
A person whose name does not appear on the
preliminary roll for an election may apply for enrolment in the final roll for
the election.
(2)
The application must be in a form approved by the
Director-General and must be lodged with the returning officer before the
close of enrolments.
(3)
On receipt of the application, the returning
officer:
(a)
if satisfied that the applicant is qualified to
vote, must accept the application and enter the name and address of the
applicant in the final roll, or
(b)
if not so satisfied, must reject the application
and inform the applicant in writing that the application has been rejected,
or
(c)
if the application is not in the proper form or
is incomplete, must return the application for correction or completion and
consider the duly corrected or completed application in accordance with this
clause.
(4)
For the purpose of enabling the returning officer
to form an opinion as to whether a person is qualified to vote, the returning
officer may require the appropriate officer to furnish the returning officer
with such information regarding the person as the returning officer may
specify.
43Objections to
enrolment
(1)
Before the close of enrolments, the returning
officer and any person who is qualified to vote in an election may object to
the inclusion of the name of any person in the final
roll.
(2)
An objection:
(a)
must be in a form approved by the
Director-General, and
(b)
must state the grounds on which it is made,
and
(c)
must be signed by the objector,
and
(d)
must be lodged with the returning
officer.
(3)
The returning officer must send particulars of an
objection to the person to whom the objection relates.
(4)
The person to whom an objection relates may lodge
a written reply with the returning officer within 14 days after the date on
which particulars of the objection were sent to that
person.
(5)
The returning officer must consider each
objection, and any reply received within that 14 day period, and may make such
inquiries as the returning officer thinks fit.
(6)
The returning officer may accept or reject an
objection.
(7)
If the returning officer accepts an objection,
the returning officer must exclude from the final roll for the election the
name of the person to whom the objection relates and must inform that person
and the objector, in writing, that the person’s name is so
excluded.
(8)
If the returning officer rejects an objection,
the returning officer must notify the person to whom the objection relates and
the objector, in writing, that the returning officer has rejected the
objection.
(9)
The returning officer may require a person who
lodges an objection, or who replies to an objection, to verify the objection
or reply by statutory declaration.
(10)
For the purpose of enabling the returning officer
to make a decision to accept or reject an objection to the inclusion of the
name of a person in the final roll, the returning officer may require the
appropriate officer to furnish the returning officer with such information
regarding the person as the returning officer may
specify.
44Postponement of ballot not to
affect final roll
The validity of the final roll for an election is
not affected by the postponement of the close of the ballot by a notice
published after the close of exhibition of the roll, and the roll remains the
final roll for the election.
Subdivision 6The
ballot
45Printing of
ballot-papers
(1)
As soon as practicable after the close of
enrolments in an election, the returning officer:
(a)
must determine the order in which the
candidates’ names are to be listed on a ballot-paper by means of a
ballot held in accordance with the procedure prescribed for the purposes of
section 82A of the Parliamentary Electorates and
Elections Act 1912, and
(b)
must cause sufficient ballot-papers to be printed
to enable a ballot-paper to be sent to each person included in the final roll
for the election, and
(c)
if a candidate information sheet has been drawn
up, must cause sufficient copies to be printed so that a copy may be sent to
each person included in that roll.
(2)
A ballot-paper for an election must
contain:
(a)
the names of the candidates arranged in the order
determined in accordance with subclause (1) (a), with a small square set
opposite each name, and
(b)
if the returning officer considers that the names
of 2 or more of the candidates are so similar as to cause confusion, such
other matter as the returning officer considers will distinguish between the
candidates, and
(c)
such directions as to the manner in which a vote
is to be recorded and returned to the returning officer as the returning
officer considers appropriate.
(3)
In the case of an election where votes are to be
counted as provided by Part 2 of the Sixth Schedule, or Part 2 of the Seventh
Schedule, to the Constitution Act
1902, the directions to voters must include a direction
that:
(a)
the voter must record a vote for at least the
number of candidates to be elected by placing consecutive numbers (beginning
with the number “1” and ending with the number equal to the number
of candidates to be elected) in the squares set opposite the candidates’
names in the order of the voter’s preferences for them,
and
(b)
the voter may, but is not required to, vote for
additional candidates by placing consecutive numbers (beginning with the
number next higher than the number of candidates to be elected) in the square
set opposite the candidates’ names in the order of the voter’s
preferences for them.
(4)
In the case of an election where votes are to be
counted in accordance with the “first past the post” method, the
directions to voters must include a direction that:
(a)
the voter must, subject to paragraph (b), place a
cross in the square set opposite the name of each candidate that the voter
wishes to vote for, and
(b)
the voter must not vote for more candidates than
there are vacancies to be filled at the election.
46Distribution of
ballot-papers
As soon as practicable after the printing of the
ballot-papers for an election, the returning officer must send to each person
included in the final roll for the election:
(a)
a ballot-paper that is initialled by the
returning officer (or by a person authorised by the returning officer) or that
bears a mark prescribed as an official mark for the purposes of section 122A
(3) of the Parliamentary Electorates and
Elections Act 1912, and
(b)
an unsealed reply-paid envelope addressed to the
returning officer and bearing on the back the words “NAME AND ADDRESS OF
VOTER” and “SIGNATURE OF VOTER”, together with appropriate
spaces for the insertion of a name, address and signature,
and
(c)
if applicable, a candidate information
sheet.
47Duplicate
ballot-papers
(1)
At any time before the close of the ballot, the
returning officer may issue to a voter a duplicate ballot-paper and envelope
if the voter satisfies the returning officer by statutory declaration:
(a)
that the original ballot-paper has been spoilt,
lost or destroyed, and
(b)
that the voter has not already voted in the
election to which the ballot-paper relates.
(2)
The returning officer must maintain a record of
all duplicate ballot-papers issued under this clause.
48Recording of
votes
In order to vote in an election, a person:
(a)
must record a vote on the ballot-paper in
accordance with the directions shown on it, and
(b)
must place the completed ballot-paper (folded so
that the vote cannot be seen) in the envelope addressed to the returning
officer, and
(c)
must seal the envelope, and
(d)
must complete the person’s full name and
address on, and must sign, the back of the envelope, and
(e)
must return the envelope to the returning officer
so as to be received before the close of the
ballot.
Subdivision 7The
scrutiny
49Receipt of
ballot-papers
(1)
The returning officer must reject (without
opening it) any envelope purporting to contain a ballot-paper if the envelope
is not received before the close of the ballot or is received
unsealed.
(2)
The returning officer must examine the name on
the back of the envelope and, without opening the envelope:
(a)
must accept the ballot-paper in the envelope and
draw a line through the name on the roll that corresponds to the name on the
back of the envelope, if satisfied that a person of that name is included in
the final roll for the election, or
(b)
must reject the ballot-paper in the envelope, if
not so satisfied or if a name, address or signature does not appear on the
back of the envelope.
(3)
The returning officer may reject a ballot-paper
without opening the envelope if, after making such inquiries as the returning
officer thinks fit:
(a)
the returning officer is unable to identify the
signature on the back of the envelope, or
(b)
it appears to the returning officer that the
signature on the back of the envelope is not the signature of the person whose
name and address appear on the back of the
envelope.
50Ascertaining result of
ballot
The result of a ballot is to be ascertained by
the returning officer as soon as practicable after the close of the
ballot.
51Scrutineers
Each candidate in a ballot is entitled to
appoint, by notice in writing, a scrutineer to represent the candidate at all
stages of the scrutiny.
52Scrutiny of
votes
(1)
The scrutiny of votes in a ballot is to be
conducted as follows:
(a)
the returning officer is to produce, unopened,
the envelopes containing the ballot-papers accepted for
scrutiny,
(b)
the returning officer is then to open each such
envelope, extract the ballot-paper and (without unfolding it) place it in a
locked ballot-box,
(c)
when the ballot-papers from all the envelopes
have been placed in the ballot-box, the returning officer is then to unlock
the ballot-box and remove the ballot-papers,
(d)
the returning officer is then to examine each
ballot-paper and reject those that are informal,
(e)
the returning officer is then to proceed to count
the votes and ascertain the result of the election.
(2)
At the scrutiny of votes in a ballot, a
ballot-paper must be rejected as informal if:
(a)
it is neither initialled by the returning officer
(or by a person authorised by the returning officer in that behalf) nor bears
a mark prescribed as an official mark for the purposes of section 122A (3) of
the Parliamentary Electorates and Elections Act
1912, or
(b)
it has on it any mark or writing which the
returning officer considers could enable any person to identify the voter who
completed it, or
(c)
it has not been completed in accordance with the
directions shown on it.
(3)
A ballot-paper is not to be rejected as
informal:
(a)
merely because of any mark or writing on it that
is not authorised or required by this Regulation (not being a mark or writing
referred to in subclause (2) (b)) if, in the opinion of the returning officer,
the voter’s intention is clearly indicated on the ballot-paper,
or
(b)
if the voter has recorded a vote by placing in
one square the number “1”:
(i)
merely because the same preference (other than a
first preference) has been recorded on the ballot-paper for more than one
candidate, or
(ii)
merely because there is a break in the order of
preferences recorded on the ballot-paper.
53Counting of
votes
(1)
If there is 1 person to be elected in the
election:
(a)
the method of counting the votes so as to
ascertain the result of the election is to be the method specified in the
notice referred to in clause 28, being either:
(i)
the method provided by Part 2 of the Seventh
Schedule to the Constitution Act
1902, or
(ii)
the “first past the post” method,
that is, the candidate with the most votes is taken to be elected,
and
(b)
for the purpose of applying the provisions of
Part 2 of the Seventh Schedule to the Constitution Act
1902 to the election (if required), a reference in those
provisions to the returning officer is to be read as a reference to the
returning officer under this Regulation.
(2)
If there are 2 or more persons to be elected in
the election:
(a)
the method of counting the votes so as to
ascertain the result of the election is to be the method specified in the
notice referred to in clause 28, being either:
(i)
the method provided by Part 2 of the Sixth
Schedule to the Constitution Act
1902, or
(ii)
the “first past the post” method,
that is, the candidates with the most votes are taken to be elected,
and
(b)
for the purpose of applying the provisions of
Part 2 of the Sixth Schedule to the Constitution Act
1902 to the election (if required):
(i)
a reference in those provisions to the Council
returning officer is to be read as a reference to the returning officer under
this Regulation, and
(ii)
the quota referred to in those provisions is to
be determined by dividing the number of first preference votes for all
candidates by 1 more than the number of persons to be elected and by
increasing the quotient so obtained (disregarding any remainder) by
1.
54Notice of result of
election
As soon as practicable after one or more
candidates in an election have been elected, the returning officer must notify
the Minister and the appropriate officer, in writing, of the names of the
candidates elected.
Division 4General
55Decisions of returning officer
final
If the returning officer is permitted or required
by the Act or this Regulation to make a decision on any matter relating to the
taking of a ballot in any poll or election, the decision of the returning
officer on that matter is final.
56Death of a
candidate
If a candidate dies after the close of
nominations and before the close of the ballot:
(a)
the returning officer is to cause notice of the
death to be published in the Gazette, and
(b)
all proceedings taken after the Minister notified
the returning officer that the election was required to be held are of no
effect and must be taken again.
57Concurrent polls and
elections
Where the same voting qualifications apply in
respect of a poll and an election:
(a)
a single roll may be prepared and used for the
purposes of both the poll and the election, and
(b)
an application for enrolment in that roll may be
made under clause 14 or 42, and
(c)
an objection against the inclusion in that roll
of the name of any person may be made under clause 15 or
43.
58Offences
A person must not:
(a)
vote, or attempt to vote, more than once in any
poll or election, or
(b)
vote, or attempt to vote, in any poll or election
in which the person is not entitled to vote, or
(c)
make a false or wilfully misleading statement
(not being a statement verified by statutory declaration):
(i)
to the returning officer in connection with any
poll or election, or
(ii)
in any document that the person furnishes for the
purposes of any poll or election, or
(d)
apply for enrolment in respect of any poll or
election in respect of which the person is already
enrolled.
Maximum penalty: 0.1 penalty
unit.
Part 3Rice Marketing
Board
59Alternate members for elected
members
(1)
An elected member of the Rice Marketing Board may
appoint an alternate to act in the office of the elected member:
(a)
during the illness of the member, if the illness
is likely to prevent the member from attending meetings of the Board for at
least 4 months, or
(b)
during the absence of the member, if the absence
is likely to last for at least 4 months and is the subject of leave granted by
the Board.
(2)
The appointment of an alternate member:
(a)
must be in writing addressed to the secretary to
the Board, and
(b)
must contain the name, address and period of
appointment of the alternate member, and
(c)
must be signed and dated by the elected
member.
(3)
The Board must advise the Minister of any such
appointment of an alternate member.
(4)
The power of an elected member to appoint a
person as an alternate member may be exercised any number of times during the
term of office of the elected member.
(5)
An elected member may at any time remove from
office an alternate member appointed by the elected
member.
(6)
An alternate member ceases to hold office:
(a)
on being removed from office by the elected
member, or
(b)
on the elected member ceasing to be a member,
or
(c)
on the expiry of the period of the alternate
member’s appointment,
whichever first occurs.
60Common seal of
Board
(1)
The common seal of the Rice Marketing Board must
be kept by the secretary to the Board in such place as the Board may
direct.
(2)
The common seal of the Board may be affixed to a
document only:
(a)
in the presence of at least 2 members of the
Board and the secretary to the Board, and
(b)
with an attestation by the signatures of those
members and the secretary of the fact of the affixing of the common
seal.
61Signing of documents not under
seal
Any document requiring authentication by the Rice
Marketing Board may be sufficiently authenticated without the common seal of
the Board if it is signed by:
(a)
at least one member of the Board and the
secretary to the Board, or
(b)
at least 2 members of the
Board.
62Board may exempt unsuitable
rice from automatic vesting
For the purposes of section 57 (1) (d) of the
Act, sales and purchases or receipts of rice whose quality is such as to make
it unsuitable for milling are prescribed as sales and purchases or receipts
which the Rice Marketing Board may exempt from the operation of section 56 of
the Act.
Part 4Miscellaneous
63Notice of
claim
For the purposes of section 59 (3) of the
Act:
(a)
the prescribed form for a notice of claim
referred to in that subsection is the form set out in Schedule 1,
and
(b)
the prescribed particulars to be included in the
notice are the particulars required by that form.
64Duties and liability of
certain persons
For the purposes of section 151 (3) (b) of the
Act, the position of secretary to the Rice Marketing Board is a prescribed
position.
65Evidentiary
provisions
For the purposes of section 158 (1) (e) of the
Act, the prescribed officer of the Rice Marketing Board is the secretary to
the Board.
66Savings
Any act, matter or thing that, immediately before
the repeal of the Rice Marketing Regulation
2005, had effect under that Regulation continues to have
effect under this Regulation.
Schedule 1Form of claim for account of
payment due
(Clause 63)
(Rice Marketing
Regulation 2010)
Rice Marketing Board
Address:
Name of claimant:
Address:
Nature of encumbrance:
Nature of commodity encumbered:
Date of delivery of commodity to
Board:
Name of person whose commodity is
encumbered:
Address:
Name of person having the benefit of the
encumbrance:
Address:
Particulars of any loan secured by the
encumbrance, including the period of the loan and the period and amounts of
instalments payable under the loan:
Amount due and unpaid under
encumbrance:
Date of registration of
encumbrance:
[signature of
claimant]
Historical
notes
Table of amending
instruments
Rice Marketing
Regulation 2010. LW 9.7.2010. Date of commencement,
1.9.2010, cl 2. This Regulation has been amended as follows:
2014
(757)
Rice Marketing Amendment
(Qualifications) Regulation 2014. LW 28.11.2014.
Date of commencement, on publication on LW, cl
2.
Table of
amendments
Cl
5
Am 2014
(757), cl 3.