Statutory Rules 1950, No. 19. (r)

Part I. —Preliminary.

Citation.

1. These Regulations may be cited as the Wheat Industry Stabilization (Election of Board) Regulations.

Parts.

2. These Regulations are divided into Parts, as follows: —

Part I.— Preliminary. (Regulations 1-5.)

Part II. —Enrolment of Voters. (Regulations 6-8.)

Part III. —Nominations. (Regulations 9-15.)

Part IV. —Voting. (Regulations 16-23.)

Part V. —Scrutiny. (Regulations 24-37.)

Part VI. —Disputed Elections. (Regulations 38-43.)

Part VII. —Miscellaneous. (Regulations 44-50.)

Interpretation.

3.— (1.) In these Regulations, unless the contrary intention appears—

“candidate” means a candidate nominated for election as a member of the Board;

“election” means an election in accordance with paragraph (b) of sub-section (3.) of section 7 of the Act of one or more wheat growers representing wheat growers;

“member” means a member of the Board;

“poll” means a poll taken in pursuance of regulation 15;

“representative” means a wheat grower elected in pursuance of these Regulations to represent wheat growers in a State;

“roll” means a roll prepared and maintained in pursuance of these Regulations;

“State poll” means a poll of wheat growers taken by a State on the question of wheat stabilization;

(r) Made under the Wheat Industry Stabilization Act 1948 on 30th March, 1950; notified in the Gazette on 6th April, 1950.

“the Act” means the Wheat Industry Stabilization Act 1948;

“the Chief Electoral Officer” means the Chief Electoral Officer for the Commonwealth;

“voter” means a person whose name appears upon a roll.

(2.) In these Regulations, any reference to a regulation shall be read as a reference to a regulation contained in these Regulations, and any reference to a Form shall be read as a reference to a Form contained in the Schedule to these Regulations.

Returning Officer and Deputy Returning Officers.

4.—(1.) The Chief Electoral Officer shall be the Returning Officer for the purpose of each election and shall be charged with the duty of giving effect to the provisions of these Regulations in so far as they relate to the election.

Elections.

(2.) The Returning Officer shall appoint a Deputy Returning Officer for a State in which an election is to be held.

5. Subject to section 7 of the Act, elections shall be held whenever the Minister so directs by notice published in the Gazette.

Part II. —Enrolment of Voters.

Preparation of rolls.

6.—(1.) The Deputy Returning Officer for a State shall prepare and maintain a roll of wheat growers for the State.

(2.) A person shall not have his name included in the roll of wheat growers for a State unless—

(a) his name appears on a roll of wheat growers for that State prepared or used during the year which commenced on the first day of January, 1948, for the purposes of a State poll; or

(b) he has delivered wheat to the Board since the first day of October, 1948, and has submitted a duly completed claim for enrolment in accordance with Form A and that claim has been received by the Deputy Returning Officer for that State.

Removal from rolls.

7. The Deputy Returning Officer for a State may at any time remove from the roll of wheat growers for the State the name of any person who has ceased to be a wheat grower in that State.

Persons entitled to vote.

8. A wheat grower shall not be entitled to vote at an election unless his name appears on the roll.

Part III. —Nominations.

Qualifications of candidates.

9. A person shall not be capable of being elected as a representative of wheat growers in a State unless—

(a) his name appears on the roll for that State;

(b) he is eligible for nomination for election as a member of the Parliament of the Commonwealth; and

Mode of nomination.

10. A nomination for the election of a representative may be in accordance with Form B and shall be signed by at least ten persons entitled to vote at the election.

Requisites for nomination.

11.—(1.) A nomination shall not be valid unless—

(a) the person nominated—

(i) consents to act, if elected; and

(ii) declares that he is qualified under these Regulations to be elected; and

(b) the nomination is received by the Deputy Returning Officer on or before the date, or later date (if any), fixed by the Minister in pursuance of this regulation.

(2.) The Minister shall fix a date on or before which nominations shall be lodged, and, if, at any time after fixing that date, he is satisfied that circumstances exist which render it necessary or desirable to alter the date so fixed, he may fix a later date on or before which nominations shall be lodged, and that later date shall be substituted for the date originally fixed.

(3.) The Minister shall notify in the Gazette the date, and the later date (if any), fixed in pursuance of the last preceding sub-regulation, and the address of the Deputy Returning Officer with whom the nominations are to be lodged.

Form of consent and declaration.

12. The consent of the person nominated to act, if elected, and the declaration that he is qualified under these Regulations to be elected, shall be sufficient if he signs a form of consent and declaration in accordance with Form C, but the Deputy Returning Officer may accept any other form of consent and declaration, whether accompanying the nomination paper or not, that he deems satisfactory, and that acceptance shall be final.

Declaration of nominations.

13. As soon as practicable after the date fixed by the Minister as the last date for the lodging of nominations, the Returning Officer shall publish in the Gazette the name, place of residence, and occupation of each person nominated.

Withdrawal of consent to nomination.

14. Any candidate may withdraw his consent to his nomination at any time on or before the last date fixed for the lodging of nominations, by lodging with the Deputy Returning Officer with whom his nomination was lodged a notice of withdrawal signed by him and witnessed by a Justice of the Peace.

Proceedings on nomination day.

15.—(1.) If the number of candidates nominated in respect of any election is not greater than the number of candidates required to be elected, the Returning Officer shall declare the candidate or candidates nominated duly elected and shall publish notice thereof in the Gazette.

(2.) If the number of candidates nominated in respect of any election is greater than the number of candidates required to be elected a poll shall be taken to decide the election.

Part IV. —Voting.

Voting to be by post.

16. Voting at a poll shall be carried out by post.

Number of Votes.

17. Each voter shall be entitled to vote once only in any election.

Date of close of poll.

18.—(1.) The Minister shall fix a date on which the poll shall close, and if, at any time after fixing that date, he is satisfied that circumstances exist which render it necessary or desirable to alter the date

so fixed, he may fix a later date as the date on which the poll shall close, and that later date shall be substituted for the date originally fixed.

(2.) The Minister shall notify in the Gazette the date, and the later date (if any), fixed in pursuance of the last preceding sub-regulation.

(3.) The poll shall close at four o’clock in the afternoon on the date fixed by the Minister in accordance with this regulation.

Voting papers and form of declaration.

19.—(1.) As soon as practicable after the date for the close of the Poll has been fixed, the Deputy Returning Officer shall transmit by post to each voter a ballot-paper, together with an envelope having printed thereon a form of declaration in accordance with Form D.

(2.) A ballot-paper may be in accordance with Form E.

(3.) The names of candidates shall be set out on the ballot-papers in such order and with such descriptions or additions (if any) as the Deputy Returning Officer thinks fit.

Particulars to be inserted in voting papers and declarations.

20. Before posting the ballot-papers and envelopes bearing the voters’ forms of declaration, the Deputy Returning Officer shall insert in each ballot-paper, in the space provided for the purpose, the date fixed for the close of the poll, and shall initial each ballot-paper in the space provided for the purpose and in the form of declaration on each envelope he shall insert—

(a) the Christian names in full, (if known), or the initials, and the surname of the voter;

(b) the place of residence or place of business of the voter; and

Voter to make declaration.

21. Each voter shall sign the declaration on the envelope in the presence of a witness, who shall sign in the place provided for the purpose and add his address and the date on which the declaration is witnessed.

Manner of voting.

22. A voter shall mark his vote on his ballot-paper by placing the number 1 in the square opposite the name of the candidate for whom he votes as his first preference and the numbers 2, 3, 4 (and so on, as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate the order of his preference for them and shall send the envelope containing the ballot-paper, by post or otherwise, to the Deputy Returning Officer to whom the envelope is addressed.

Ballot-papers not received or lost or destroyed.

23. If a voter makes and transmits to the Deputy Returning Officer a statement in writing setting out his full name and address and that he has not received a ballot-paper or envelope, or that any ballot-paper or envelope received by him has been lost or destroyed, and that he has not already voted at the poll, the Deputy Returning Officer may post to the voter a ballot-paper and envelope, or a further ballot-paper and envelope, as the case may be.

Part V. —Scrutiny.

Ballot-papers to be kept in ballot-box until scrutiny.

24.— (1.) The Deputy Returning Officer shall, in respect of each election—

(a) keep a locked and sealed ballot-box having marked thereon the words “Australian Wheat Board Ballot-Box—Ballot-papers received from Voters”, and such additional words as are in his opinion necessary to indicate the particular election for which the ballot-box is to be used; and

(b) place and keep in the ballot-box until the scrutiny all envelopes containing ballot-papers relating to that election which are received by him before the close of the poll.

(2.) Where the envelope containing any ballot-paper is posted to the Deputy Returning Officer, but the postage thereon is wholly unpaid or insufficiently prepaid, he shall refuse to accept that envelope and ballot-paper, and that envelope and ballot-paper shall be deemed not to have been received by him within the meaning of this regulation.

Ballot-papers received after close of poll.

25. A ballot-paper received by the Deputy Returning Officer after the close of the poll shall not be admitted to the scrutiny.

26. Each candidate may, by notice in writing signed by the candidate, or by telegram, addressed to the Deputy Returning Officer and setting out the name and address of the scrutinizer, appoint one scrutinizer to represent him at the scrutiny.

Scrutiny of votes and declarations.

27. The Deputy Returning Officer shall, as soon as practicable after the close of the poll in any election—

(a) open the ballot-box and produce unopened all envelopes containing ballot-papers contained therein;

(b) examine each envelope, and if the declaration is, in his opinion, signed by a person whose name is on the roll and who has not previously voted at the poll, and is duly attested, accept the vote for further scrutiny, but if any declaration is not so signed or attested he shall disallow the ballot-paper without opening the envelope;

(c) place the envelopes containing the disallowed ballot-papers in a parcel, seal the parcel, endorse it “Australian Wheat Board Election—Election of one representative (or two representatives, as the case may be) of wheat growers for the State of (here insert name of State)—Votes rejected at Preliminary Scrutiny” and add his signature and the date;

(d) number consecutively (from one onwards on the address side of the envelope) all envelopes accepted for further scrutiny, and place them on a table before him with the address side of each envelope uppermost;

(e) withdraw from each envelope the ballot-paper contained therein and, without unfolding it or inspecting the vote or permitting any other person to do so, place thereon the same number as that placed on the envelope from which it was withdrawn, and forthwith place each ballot-paper in a locked and sealed ballot-box provided for the purpose of holding ballot-papers relating to that election; and

(f) place the envelopes in a parcel, seal the parcel and endorse it “Australian Wheat Board Election—Election of one representative (or two representatives, as the case may be) of wheat growers for the State of (here insert name of State)—Envelopes from which ballot-papers have been withdrawn” and add his signature and the date.

Further scrutiny.

28. The Deputy Returning Officer shall open the ballot-box referred to in paragraph (e) of the last preceding regulation, and a further scrutiny shall be conducted in accordance with regulation 29 or regulation 30, as the case requires.

Counting of votes where two representatives to be elected.

29.—(1.) In the case of a poll for the election of representatives in a State where two representatives are to be elected, the scrutiny shall be conducted in accordance with the succeeding sub-regulations of this regulation.

(2.) The Deputy Returning Officer shall, in the presence of any persons approved by him and of such scrutineers appointed in pursuance of regulation 26 as attend, count the first preference votes given for each candidate on all ballot-papers not rejected as informal.

(3.) The first vacancy shall be filled in the following manner:—

(a) The candidate who has received the greatest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected.

(b) If, after the counting of first preference votes, no candidate has received an absolute majority of votes, the Deputy Returning Officer shall proceed with the scrutiny and the counting of the votes as follows:—

(i) The candidate who has received the least number of first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in order of the voter’s preference;

(ii) If no candidate then has an absolute majority of votes, the process of excluding the candidate who has the least number of votes and counting each of his ballot-papers to the continuing candidate next in the order of the voter’s preference shall be repeated until one candidate has received an absolute majority of votes; and

(iii) The candidate who has received an absolute majority of votes shall be elected.

(4.) The second vacancy shall be filled in the following manner:—

(a) The Deputy Returning Officer shall re-arrange all the ballot-papers under the names of the respective candidates in accordance with the first preferences indicated thereon, except that each ballot-paper on which a first preference for the elected candidate is indicated shall be placed in the parcel of the candidate next in order of the voter’s preference, and shall then count the ballot-papers in each parcel.

(b) If a candidate then has an absolute majority of votes, he shall be elected, but, if no candidate then has an absolute majority of votes, the scrutiny shall proceed as provided in sub-paragraphs (i) and (ii) of paragraph (b) of the last preceding sub-regulation until one candidate has received an absolute majority of votes:

Provided that, in the application of sub-paragraph (i) of that paragraph, any reference to first preference votes shall be read as a reference to all the votes counted to a candidate in pursuance of this sub-regulation.

(5.) If on any count two or more candidates have an equal number of votes, and one of them has to be excluded, the Deputy Returning Officer shall decide which shall be excluded. If, on either final count, two candidates have an equal number of votes, the Deputy Returning Officer shall decide which shall be elected.

(6.) In this regulation—

“absolute majority of votes” means a number greater than one-half of the total number of votes;

“continuing candidate” means a candidate not already elected or excluded from the count.

Counting of votes where one representative only to be elected.

30.—(1.) In the case of a poll for the election of a representative in a State where one representative only is to be elected, the scrutiny shall be conducted in accordance with the succeeding sub-regulations of this regulation.

(3.) The candidate who has received the greatest number of first preference votes shall, if that number constitutes an absolute majority of votes, be elected.

(4.) If, after the counting of first preference votes, no candidate has received an absolute majority of votes, the Deputy Returning Officer shall proceed with the scrutiny and the counting of the votes as follows:—

(a) The candidate who has received the least number of first preference votes shall be excluded, and each ballot-paper counted to him shall be counted to the candidate next in order of the voter’s preference.

(b) If no candidate then has an absolute majority of votes, the process of excluding the candidate who has the least number of votes and counting each of his ballot-papers to the continuing candidate next in order of the voter’s preference shall be repeated until one candidate has received an absolute majority of votes.

(5.) If on any count two or more candidates have an equal number of votes, and one of them has to be excluded, the Deputy Returning Officer shall decide which shall be excluded. If on the final count two candidates have an equal number of votes, the Deputy Returning Officer shall decide which shall be elected.

(6.) In this regulation—

“absolute majority of votes” means a number greater than one-half of the total number of votes;

“continuing candidate” means a candidate not already excluded from the count.

Declaration of election.

31.—(l.) The Returning Officer shall make out a statement relating to the election and shall publish notice of the result in the Gazette.

(2.) The notice published in the Gazette shall, subject to these Regulations, be conclusive evidence of the result of the election.

Recount of votes.

32.—(1.) At any time before the publication in the Gazette of the result of an election, the Deputy Returning Officer may, if he thinks fit, on the written request of any candidate setting forth the reasons for the request, or of his own motion, conduct a recount of the ballot-papers.

(2.) If the Deputy Returning Officer refuses, on the request of a candidate, to conduct a recount of any ballot-papers, the candidate may appeal in writing to the Minister to direct a recount of those ballot-papers, and the Minister may, as he thinks fit, either direct a recount of the ballot-papers or refuse to direct a recount.

Powers of Deputy Returning Officer conducting recount.

33.—(1.) The Deputy Returning Officer conducting a recount shall have the same powers as if the recount were the scrutiny, and may reverse any decision in relation to the scrutiny as to the allowance and admission or disallowance and rejection of any ballot-paper.

(2.) A Deputy Returning Officer conducting a recount may, and at the request of any scrutineer shall, reserve any ballot-paper for the decision of the Returning Officer.

(3.) The Returning Officer shall decide whether any ballot-paper reserved for his decision in pursuance of the last preceding sub-regulation shall be allowed and admitted or disallowed and rejected.

Informal voting papers.

34. A ballot-paper shall be informal if—

(a) it is not initialed by the Deputy Returning Officer;

(b) it has no vote marked on it or does not indicate the voter’s first preference for one candidate and the order of his preference for all the remaining candidates; or

Voting papers to be placed in parcels.

35. The Deputy Returning Officer shall place in separate parcels—

(a) all ballot-papers allowed or admitted as formal for each election;

(b) all ballot-papers disallowed or rejected as informal for each election; and

and shall endorse on each parcel a description of the contents thereof, and his signature and the date, and retain the parcels until authority is given, in accordance with the provisions of regulation 36, for destruction of the contents thereof.

Destruction of papers.

36. After the expiration of six months from the date of publication of the result of the election, the Returning Officer may authorize the destruction of the ballot-papers and the voters’ declarations.

Intruders.

37. A person, not being authorized in pursuance of these Regulations to be present at the scrutiny, shall not—

(a) wilfully intrude into the room in which the examination of the voting papers is being conducted; or

(b) refuse or fail to leave the room when so requested by the Deputy Returning Officer.

Penalty: Fifty pounds.

Part VI. —Disputed Elections.

Disputed validity of roll, election, statement or notice.

38. The validity of the roll for any election, of an election, or of any statement or notice showing the result of an election may be disputed by a candidate at the election, or by a person who was qualified to vote at the election, by petition addressed to the Minister.

Requisites of petition.

39. The petition disputing the roll, election, statement or notice shall—

(a) set out the facts relied on to invalidate the roll, election, statement or notice;

(b) contain a prayer asking for the relief to which the petitioner claims to be entitled;

(d) be attested by two witnesses, whose occupations and addresses shall be stated; and

(e) be presented to the Minister within thirty days after the publication in the Gazette of the notice of the result of the election.

Determination of dispute.

40. The dispute shall be determined by the Minister in such manner as he deems fit, and the powers of the Minister shall include power to declare that—

(a) any candidate who was returned as elected was not duly elected;

(b) any candidate who was not returned as elected was duly elected; and

Decisions to be final.

41. All decisions of the Minister under this Part shall be final and conclusive and without appeal and shall not be questioned in any way.

Effect of decision.

42. Effect shall be given to any decision of the Minister as follows:—

(a) If any candidate returned as elected is declared not to have been duly elected, he shall cease to be a representative.

(b) If any candidate not returned as elected is declared to have been duly elected, he shall become a representative.

Immaterial errors not to vitiate poll or election.

43.— (1.) An election, or any statement or notice showing the voting at an election, shall not be avoided on account of any delay in relation to the taking of the votes of the voters, or in relation to the making of any statement or notice, or on account of the absence, error or omission by any officer, if the Minister is satisfied that that delay, absence, error or omission did not affect the result of the election.

(2.) An election shall not be disputed by reason of any defect in the title, or any want of title, of any Returning Officer or Deputy Returning Officer, if that person in fact acted as such at the election, or by reason of any formal error or defect in any statement, notice, instrument or publication made under or in pursuance of these Regulations, or intended to be so made.

Part VII. —MISCELLANEOUS.

Misfeasance.

44. The Returning Officer or a Deputy Returning Officer at an election, who is guilty of any willful misfeasance or willful or negligent act of commission or omission contrary to any of the provisions of these Regulations, shall be guilty of an offence.

Penalty: Fifty pounds.

Untrue statements in declaration, &c.

45. A person shall not make any untrue statement in any declaration, or in answer to any question under these Regulations, or in any information supplied to a Deputy Returning Officer for the purpose of obtaining a ballot-paper or a further ballot-paper.

Penalty: Fifty pounds.

Duty of witness.

46. A person shall not witness the signature of any person to any declaration under these Regulations unless—

(a) he has satisfied himself as to the identity of that person;

(b) he has seen the person sign the declaration in his own handwriting; and

(c) he knows that the statements contained in the declaration are true, or has satisfied himself, by inquiry from the person or otherwise, that the statements contained in the declaration are true.

Penalty: Fifty pounds.

Making marks on voting papers.

47. A person shall not make any mark or writing on a ballot-paper, except as expressly authorized by these Regulations.

Penalty: Twenty pounds.

Offences in connexion with polling.

48. A person shall not—

(a) impersonate any person for the purpose of securing a ballot-paper or for the purpose of voting at an election;

(b) unlawfully destroy or deface any ballot-paper; or

Penalty: Fifty pounds.

Forms.

49. Strict compliance with the Forms in the Schedule to these Regulations shall not be necessary, and substantial compliance shall be sufficient.

Repeal.

50. The Wheat Industry Stabilization (Election of Board) Regulations (being Statutory Rules, 1949, No. 56) are repealed.

418/51.—18.

THE SCHEDULE.

Form A. Regulation 6 (2.)

Commonwealth of Australia.

Wheat Industry Stabilization (Election of Board) Regulations.

CLAIM FOR ENROLMENT BY WHEAT GROWER.

Surname—

Christian names—

Full postal address—

To the Deputy Returning Officer [Here insert address].

I, the abovenamed wheat grower, hereby claim to have my name placed on the roll of wheat growers for the State of to enable me to vote at elections of representatives of wheat growers in the said State for appointment as members of the Australian Wheat Board.

I declare—

(i) that I am a wheat grower and that I have delivered wheat to the Australian Wheat Board since 1st October, 1948; and

(ii) that the statements made in this Claim are true and correct in every particular.

Signature of grower.

(In own handwriting.)

Date 19 .

Signature of witness

Address of witness

Form B. Regulation 10.

Commonwealth of Australia.

Wheat Industry Stabilization (Election of Board) Regulations,

NOMINATION FOR ELECTION OF A REPRESENTATIVE OF WHEAT GROWERS FOR APPOINTMENT AS A MEMBER OF THE AUSTRALIAN WHEAT BOARD.

To the Deputy Returning Officer [Here insert address]

We, the undersigned persons, being wheat growers whose names appear on the roll of wheat growers for the State of , hereby nominate the following wheat grower to represent on the Australian Wheat Board wheat growers in that State.

Christian name or names in full [In block, letters]

Surname [In block letters]

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.

Form C. Regulation 12.

CONSENT AND DECLARATION OF PERSON NOMINATED.

I, of , consent to act if elected and declare that I am qualified under the Wheat Industry Stabilization (Election of Board) Regulations to be elected.

Dated this day of , 19 .

Signature of candidate

Signature of witness

Address of witness

Date / /19 .