C1956L00070

STATUTORY RULES.

1956. No. 70.

REGULATIONS UNDER THE CANNED FRUITS EXPORT CONTROL ACT 1926-1956.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Canned Fruits Export Control Act 1926-1956.

Dated this fourth day of October, 1956.

J. Northcott

Administrator.

By His Excellency’s Command,

(Sgd) William McMahon

Minister of State for Primary Industry.

CANNED FRUITS EXPORT CONTROL (ELECTION OF BOARD) REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Canned Fruits Export Control (Election of Board) Regulations.

Parts.

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

Part I.—Preliminary (Regulations 1–6).

Part II.—Rolls (Regulations 7–9).

Part III.—Nominations (Regulations 10–16).

Part IV.—Voting (Regulations 17–23).

Part V.—Scrutiny (Regulations 24–35).

Part VI.—Disputed Elections (Regulations 36–41).

Part VII.—Miscellaneous (Regulations 42–47).

Repeal.

3.—(1.) The Canned Fruits Export Control (Poll and Election of Board) Regulations (comprising Statutory Rules 1926, No. 156; Statutory Rules 1931, No. 65; and Statutory Rules 1938, No. 101) are repealed.

(2.) The Canned Fruits Export Control (Preparation of Rolls) Regulations (comprising Statutory Rules 1926, No. 134; Statutory Rules 1931, No. 66; and Statutory Rules 1937, No. 105) are repealed.

* Notified in the Commonwealth Gazette on , 1956.

5492/56.—Price 8d. 10/26.9.1956.

Definitions.

4.—(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 held for the purposes of paragraph (b), (c) or (d) of sub-section (2.) of section 4 of the Act;

“member” means a member of the Board referred to in paragraph (b), (c) or (d) of sub-section (2.) of section 4 of the Act;

“poll” means a poll taken in pursuance of these Regulations;

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

“the Act” means the Canned Fruits Export Control Act 1926-1956;

“voter” means a person authorized to vote on behalf of a cannery at an election.

(2.) In these Regulations, a reference to a form by number shall be read as a reference to the Form so numbered in the Schedule to these Regulations.

Returning Officer.

5.—(1.) The Chief Electoral Officer for the Commonwealth is the Returning Officer for the purpose of an election and he shall give effect to the provisions of these Regulations in so far as they relate to the election.

(2.) The Returning Officer may appoint such Deputy Returning Officers as are necessary.

(3.) A Deputy Returning Officer may, subject to any directions he may receive from the Returning Officer, exercise all the powers and perform all the functions of the Returning Officer, and the exercise of a power or the performance of a function by a Deputy Returning Officer shall be deemed to be the exercise of a power or the performance of a function by the Returning Officer.

Elections.

6. An election shall be held as and when required for the purpose of constituting the Board in the manner provided for by section 4 of the Act.

Part II.—Rolls.

Preparation of Rolls.

7.—(1.) The Returning officer shall prepare and maintain or cause to be prepared and maintained, a separate roll of—

(a) privately-owned and proprietary canneries engaged in the production of canned fruits other than canned pineapples and canned pineapple juice;

(b) co-operative canneries engaged in the production of canned fruits other than canned pineapples and canned pine apple juice; and

(2.) The name of a cannery shall not be placed on the appropriate roll unless a claim for enrolment is received by the Returning Officer.

(3.) A claim for enrolment shall—

(a) in the case of a privately-owned or proprietary cannery engaged in the production of canned fruits other than canned pineapples and canned pineapple juice—be in accordance with Form 1;

(b) in the case of a co-operative cannery engaged in the production of canned fruits other than canned pineapples and canned pineapple juice—be in accordance with Form 2; or

(c) in the case of a cannery engaged in the production of canned pineapples or canned pineapple juice—be in accordance with Form 3.

(4.) A claim for enrolment shall be signed in the presence of a witness by—

(a) in the case of a cannery owned by an individual—that individual;

(b) in the case of a cannery owned by a partnership—one of the partners authorized by the partnership to sign the claim; or

(c) in the case of a cannery owned by a body corporate—a director of the body corporate authorized to sign the claim by the board of directors of the body corporate.

(5.) The person signing the claim shall specify in the claim the name of the person authorized to vote for the cannery at an election and the person so authorized shall furnish on the claim a specimen of his signature.

Removal from rolls.

8. The Returning Officer may at any time remove from a roll the name of a cannery which has ceased to be a cannery.

Persons entitled to vote.

9. The person whose name is specified in a claim for enrolment as being the person authorized to vote for the cannery is alone entitled to vote for that cannery at an election.

PART III.—Nominations.

Qualifications of candidates.

10. A person shall not be nominated for election as a member unless he is—

(a) the owner of a cannery;

(b) a member of a partnership which owns a cannery; or

Method of nomination.

11. A nomination for the election of a member shall be in accordance with Form 4 and shall be signed by at least three persons being persons who are eligible for nomination for election as a member.

Requisites for nomination.

12.—(1.) A nomination is not valid unless—

(a) the person nominated—

(i) consents in writing to act, if elected; and

(ii) declares in writing that he is qualified under these Regulations for nomination; and

(b) the nomination is received by the 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 in respect of an election on or before which nominations shall be lodged, and if, at any time after fixing that date, the Minister is satisfied that circumstances exist which render it necessary or desirable to alter the date so fixed, the Minister 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 Returning Officer with whom nominations are to be lodged.

Form of consent and declaration.

13. A person may give his consent and make the declaration required by paragraph (a) of sub-regulation (1.) of the last preceding regulation in the form specified at the foot of Form 4, but the Returning Officer may accept any other form of consent and declaration, whether accompanying the nomination paper or not, that he deems satisfactory.

Declaration of nominations.

14. As soon as practicable after the date fixed by the Minister as the last date for receiving 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.

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

Proceedings on nomination day.

16.—(1.) If one candidate only is nominated in respect of an election, the Returning Officer shall, by notice in the Gazette, declare that candidate duly elected.

(2.) If more than one candidate is nominated in respect of an election, a poll shall be taken to decide the election.

Part IV.—Voting.

Voting by post.

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

Number of votes.

18.—(1.) The person authorized to vote for a cannery shall be entitled to one vote in respect of each one hundred and twenty thousand tins of canned fruits containing thirty ounces or its equivalent produced by the cannery during the year which ended on the thirtieth day of June immediately preceding the date fixed for the close of the poll.

(2.) For the purposes of this regulation, where two or more canneries are owned by the same person, partnership or body corporate, those canneries shall be deemed to be one cannery.

Date of close of poll.

19.—(1.) The Minister shall fix a date on which the poll shall close, and if, at any time after fixing that date, the Minister is satisfied that circumstances exist which render it necessary or desirable to alter the date so fixed, the Minister may fix a later 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.) A poll closes at four o’clock in the afternoon of the day fixed by the Minister in accordance with this regulation.

Voting papers and form of declaration.

20.—(1.) As soon as practicable after the date for the close of the polls is fixed, the Returning Officer shall send by post to each person entitled to vote at the election a ballot-paper, or if the voter is entitled under regulation 18 of these Regulations to more than one vote, so many ballot-papers as are equal to the number of votes to which the voter is entitled together with an envelope bearing a form of declaration in accordance with Form 5.

(2.) A ballot-paper may be in accordance with Form 6.

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

Particulars to be inserted in voting papers and declaration.

21. Before posting a ballot-paper or ballot-papers and an envelope bearing the voter’s form of declaration, the Returning Officer shall, in the spaces provided for those purposes, initial the ballot-paper and insert the date fixed for the close of the poll, and in the form of declaration on the 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

Manner of voting.

22.—(1.) On receipt of a ballot-paper and the envelope bearing the voter’s form of declaration, the voter shall—

(a) sign the declaration on the envelope in the presence of a witness;

(b) record his vote or votes in accordance with the directions set out on the ballot-paper; and

(2.) A person who witnesses the signature of a voter on the voter’s form of declaration shall sign his name in the place provided for the purpose and add his address and the date on which the declaration is witnessed.

Ballot-papers not received or lost or destroyed.

23. If a voter makes and transmits to the Returning Officer a statement in writing setting out his full name and address and stating 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 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-box.

24.—(1.) The Returning Officer shall, for each election—

(a) keep a locked and sealed ballot-box marked with the words “Australian Canned Fruits Board Ballot-Box—Ballot-papers received from Voters” and such additional words as are, in his opinion, necessary to indicate the 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 the election received by him before four o’clock in the afternoon of the day fixed for the close of the poll.

(2.) Where an envolope containing a ballot-paper is posted to the Returning Officer, but the postage on the envelope is wholly unpaid or insufficiently prepaid, the Returning Officer 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 for the purposes of this regulation.

Ballot-papers received after close of poll.

25. A ballot-paper received by the Returning Officer after four o’clock in the afternoon of the day fixed for the close of the poll shall not be admitted to the scrutiny.

Appointment of scrutineers.

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

Scrutiny of votes and declarations.

27. The Returning Officer shall, as soon as practicable after four o’clock in the afternoon of the day fixed for the close of the poll—

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

(b) examine each envelope, and—

(i) if the declaration is, in his opinion, signed by a person who is entitled to vote at the poll (being a person who has not previously voted at the poll) and is duly attested—accept the vote for further scrutiny; or

(ii) if the declaration is not so signed or attested—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 Canned Fruits Board Elections—Election of a member to represent —Votes disallowed at the Preliminary Scrutiny” and add his signature and the date;

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

(e) withdraw from each envelope the ballot-paper or ballot-papers contained in the envelope and, without unfolding it or them or inspecting the vote or votes or permitting any other person to do so, write on the ballot-paper or ballot-papers a number corresponding with that written on the envelope from which it was withdrawn, and then place the 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 Canned Fruits Board Elections—Election of a member to represent

—Envelopes from which ballot-papers have been withdrawn” and add his signature and the date.

Counting of votes.

28.—(1.) For the purpose of counting the votes, the Returning Officer shall open the ballot-box referred to in paragraph (e) of the last preceding regulation, and conduct a further scrutiny of the ballot-papers contained in the box in accordance with this regulation.

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

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

(4.) If no candidate receives an absolute majority of first preference votes, the 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 Returning Officer shall decide which shall be excluded. If, on the final count, two candidates have an equal number of votes, the Returning Officer shall have a casting vote.

(6.) In this regulation—

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

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

Declaration of election.

29.—(1.) The Returning Officer shall publish in the Gazette notice of the result of an election and the name of the candidate elected.

(2.) A notice of the result of an election published in the Gazette in pursuance of this regulation shall, subject to these Regulations, be conclusive evidence of the result of the election.

Recount of votes.

30.—(1.) At any time before notice of the result of an election is published in the Gazette—

(a) a candidate may (by notice in writing specifying reasons for the request) request the Returning Officer to conduct a recount of the ballot-papers; and

(b) the Returning Officer, whether or not he receives a request in pursuance of the last preceding paragraph, may recount the ballot-papers.

(2.) If the Returning Officer refuses, at the request of a candidate made in pursuance of the last preceding sub-regulation, to conduct a recount of the ballot-papers, the candidate may appeal in writing to the Minister to direct a recount of the ballot-papers, and the Minister may, as he thinks fit, either direct a recount or refuse to direct a recount.

Powers of Deputy Returning Officer conducting recount.

31. The Returning Officer, in 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 a ballot-paper.

Informal ballot-papers.

32. A ballot-paper is informal if—

(a) it is not initialled by the Returning Officer;

(b) it has no vote marked on it;

(d) it is not marked in accordance with the directions on the ballot-paper.

Voting papers to be placed in parcels.

33. The Returning Officer shall, in respect of an election, place in separate parcels—

(a) ballot-papers rejected as informal;

(b) ballot-papers allowed or admitted; and

and shall endorse on each parcel a description of the contents thereof, add his signature and the date, and retain the parcels until he authorizes the destruction of their contents.

Destruction of papers.

34. At the expiration of six months from the date of publication of the result of the election, the Returning Officer may authorize the ballot-papers and the voters’ declarations relating to the election to be destroyed.

Intruders.

35. A person shall not, except in accordance with these Regulations—

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

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

Penalty: Fifty pounds.

Part VI.—Disputed Elections.

Right to dispute election.

36. A candidate at an election, or a person entitled to vote at an election, may, by petition addressed to the Minister, dispute the validity of—

(a) the roll used for the election;

(b) the election; or

Requisites of petition.

37. A petition made in pursuance of the last preceding regulation shall—

(a) set out the facts relied on to dispute the roll, election, result 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.

38. The dispute shall be determined by the Minister in such manner as he deems fit, and the Minister may declare that—

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

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

Effect of decision.

39.—(1.) Where a candidate has been returned as elected, and he is declared by the Minister under this Part not to have peen duly elected, he shall cease to be a member.

(2.) Where a candidate has not been returned as elected, and he is declared by the Minister under this Part to have been duly elected, he shall become a member.

(3.) If an election is declared by the Minister under this Part to be void, a new election shall be held.

Decisions to be final.

40. Decisions of the Minister under this Part are final and conclusive and cannot be questioned or appealed against.

Immaterial errors not to vitiate poll or election.

41.—(1.) The Minister shall not declare an election, the result of an election, or the notice of the result of an election void because of—

(a) delay in taking votes or giving or publishing a notice; or

(b) the absence, error or omission of an officer,

if the Minister is satisfied that the delay, absence, error or omission did not affect the result of the election.

(2.) A person shall not dispute an election—

(a) because of a defect in the title, or lack of title, of the person who acted as the Returning Officer or a Deputy Returning Officer;

(b) because of an error or defect in form in a statement, notice, instrument or publication made under or in pursuance of these Regulations, or purporting to be so made; or

Part VII.—Miscellaneous.

Misfeasance.

42. Where a person acting as Returning Officer or Deputy Returning Officer at an election is guilty of wilful misfeasance or of a wilful or negligent act of commission or omission contrary to these Regulations he is guilty of an offence.

Penalty: Fifty pounds.

Untrue statements in declarations, &c.

43. A person shall not make a false statement in a claim for enrolment, a declaration made, or in answer to a question asked, under these Regulations, or in information supplied to the Returning Officer or a Deputy Returning Officer for the purpose of obtaining a ballot-paper or a further ballot-paper.

Penalty: Fifty pounds.

Duty of witness.

44. A person shall not witness the signature of a person to a declaration made under these Regulations unless the person acting as witness—

(a) is at least twenty-one years of age;

(b) satisfies himself as to the identity of the person making the declaration;

(d) knows, or has reasonable grounds for believing, that the statements contained in the declaration are true.

Penalty: Fifty pounds.

Marks on voting papers.

45. A person (other than the voter to whom a ballot-paper has been issued) shall not mark or write on a ballot-paper otherwise than in accordance with these Regulations.

Penalty: Fifty pounds.

Offences in connexion with polling.

46. A person shall not—

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

(b) fraudulently destroy or deface a ballot-paper; or

Penalty: Fifty pounds.

Forms.

47. Strict compliance with the Forms in the Schedule to these Regulations is not necessary, and substantial compliance is sufficient.

THE SCHEDULE.

Form 1. Regulation 7.

Commonwealth of Australia.

Canned Fruits Export Control (Election of Board) Regulations.

CLAIM FOR ENROLMENT OF A PRIVATELY OWNED OR PROPRIETARY CANNERY.

Application is hereby made for the name of the

cannery which is a privately owned / proprietary cannery situated at

and is engaged in the production of canned fruits other than canned pineapples and canned pineapple juice to be placed on the Roll of Privately Owned and Proprietary Canneries kept in pursuance of the Canned Fruits Export Control (Election of Board) Regulations.

2. The production of canned fruits at the cannery during the year ended on the thirtieth day of June immediately preceding the date of this claim was not less than one hundred and twenty thousand tins each containing thirty ounces or its equivalent. Details of the production in that year are as follows:—

[Here insert details.]

3. of , a specimen of whose signature is endorsed hereon is authorized to vote for the cannery at the election to be held on , 19 .

Dated this day of , 19 .

Signature of witness: Signature of owner or person authorized to make this claim.

Address of witness: Specimen signature of person authorized to vote on behalf of the cannery.

Form 2. Regulation 7.

Commonwealth of Australia.

Canned Fruits Export Control (Election of Board) Regulations.

CLAIM FOR ENROLMENT OF A CO-OPERATIVE CANNERY.

Application is hereby made for the name of the

cannery which is a co-operative cannery situated at

and is engaged in the production of canned fruits other than canned pineapples and canned pineapple juice to be placed on the Roll of Co-operative Canneries kept in pursuance of the Canned Fruits Export Control (Election of Board) Regulations.

[Here insert details.]

3. of , specimen of whose signature is endorsed hereon is authorized to vote for the cannery at the election the poll for which closes on ,

19 .

Dated this day of , 19 .

Signature of witness: Signature of owner or person authorized to make the claim.

Address of witness: Specimen signature of person authorized to vote on behalf of the cannery.

Form 3. Regulation 7.

Commonwealth of Australia.

Canned Fruits Export Control (Election of Board) Regulations.

CLAIM FOR ENROLMENT OF A CANNERY ENGAGED IN THE PRODUCTION OF CANNED PINEAPPLES OR CANNED PINEAPPLE JUICE.

Application is hereby made for the name of the

cannery which is situated at and is engaged in the production of canned pineapples or canned pineapple juice to be placed on the Roll of Canneries Engaged in the Production of Canned Pineapples and Pineapple Juice kept in pursuance of the Canned Fruits Export Control (Election of Board) Regulations.

2. The production of canned pineapples or canned pineapple juice at the cannery during the year ended on the thirtieth day of June immediately preceding the date of this claim was not less than One hundred and twenty thousand tins each containing thirty ounces or its equivalent. Details of the production in that year are as follows:—

[Here insert details.]

3. , of , a specimen of whose signature is endorsed hereon is authorized to vote for the cannery at the election to be held on , 19 .

Dated this day of , 19 .

Signature of witness: Signature of owner or person authorized to sign the claim.

Address of witness: Specimen signature of the person authorized to vote on behalf of the cannery.

Form 4. Regulation 11.

Canned Fruits Export Control (Election of Board) Regulations.

NOMINATION FOR ELECTION OF A MEMBER OF THE AUSTRALIAN CANNED FRUITS BOARD TO REPRESENT

To the Returning Officer,

[Here insert address.]

We, the undersigned persons, being persons entitled to nominate a candidate for the forthcoming election of a member of the Australian Canned Fruits Board, hereby nominate the following person as a candidate for election as a member of that Board to represent

Surname of candidate—

(In block letters.)

Place of residence: Occupation:

Signature of Nominator.	Place of Residence.	Date of Signature.	Witness to Signature.
1.
2.
3.

I, of , the person nominated for election above, consent to act, if elected, and declare that I am qualified under the Canned Fruits Export Control (Election of Board) Regulations, to be elected.

Dated this day of , 19 .

Signature of candidate:

Signature of witness:

Address of witness:

Form 5. Regulation 20.

Canned Fruits Export Control (Election of Board) Regulations.

DECLARATION BY VOTER.

In accordance with the Canned Fruits Export Control Act 1926-1956 and the Regulations made under that Act, I, of

declare—

(a) that I am the person authorized to vote for the

cannery at the election of a member of the Australian Canned Fruits Board to represent

(the poll for which election closes on , 19 ); and

(b) that I have not previously voted at the election.

Signed this day of , 19 .

Signature of voter.

Before me—

Signature of witness:

Address of witness:

Form 6. Regulation 20.

Returning Officer’s Initials.

Canned Fruits Export Control (Election of Board) Regulations.

BALLOT-PAPER.

ELECTION OF A MEMBER OF THE AUSTRALIAN CANNED FRUITS BOARD TO REPRESENT , THE POLL FOR WHICH ELECTION CLOSES ON , 19 .

Directions to Voter.—Mark your vote on this paper by placing the numbers 1, 2, 3 (and so on, as the case requires) in the squares respectively opposite the names of the candidates so as to indicate the order of your preference for them.

Candidates.

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

Further Directions to Voter.

After marking your vote, fold the ballot-paper and place it in the envelope bearing your declaration (duly signed and witnessed), securely fasten the envelope, and forthwith send it, by pre-paid post or otherwise, to the Returning Officer.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.