New South Wales Consolidated Acts

BANANA INDUSTRY ACT 1987 - SECT 12A

12A Voting entitlements of banana growers in poll

(1) A banana grower who is entitled to vote in a poll is entitled to cast a vote or votes at a poll according to the area of the plantation on which bananas are grown by or on behalf of the banana grower, as follows:

(a) if the area of the plantation exceeds the minimum area but does not exceed 4 hectares-1 vote,

(b) if the area of the plantation exceeds 4 hectares but does not exceed 8 hectares-2 votes,

(c) if the area of the plantation exceeds 8 hectares-3 votes.

(2) If bananas are grown by or on behalf of a banana grower on more than one plantation (whether or not in the same region), the number of votes the banana grower may cast is to be determined by reference to the total area of all plantations on which bananas are grown by or on behalf of the banana grower.

(3) However, if there is more than one banana grower in relation to a plantation, the regulations may provide for the entitlement of those banana growers to vote and the number of votes (if any) that may be cast by each banana grower. A banana grower’s entitlement to vote and the determination of the number of votes that the banana grower may cast in a poll is subject to any such regulations.

(4) The maximum number of votes that may be cast by a banana grower in a poll (whether or not bananas are grown by or on behalf of the banana grower on more than one plantation) is 3 votes.

(5) In this section:
"minimum area", in relation to a plantation, means the minimum area prescribed for the purposes of paragraph (b) of the definition of "plantation" in section 2 (1) or, if no minimum area is prescribed, 0.5 hectares.