Banana Industry Act 1987 BANANA INDUSTRY REGULATION 2003 - Made under the Banana Industry Act 1987 - As at 1 September 2008 - Reg 489 of 2003 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Regulation 2. Commencement 3. Definitions 4. Notes 5. Returning officer PART 2 - CONDUCT OF POLLS Division 1 - Preliminary 6. Definitions Division 2 - Calling of poll 7. Committee to notify returning officer of proposed poll 8. Notice of poll 9. Postponement of poll Division 3 - Preparation of final list 10. Exhibition of preliminary list 11. Applications for enrolment by persons not already enrolled 12. Objections to enrolment 13. Postponement of poll not to affect final list Division 4 - The ballot 14. Printing of ballot-papers 15. Distribution of ballot-papers 16. Duplicate ballot-papers 17. Recording of votes Division 5 - The scrutiny 18. Ascertaining result of poll 19. Scrutiny of outer envelopes 20. Scrutiny of inner envelopes 21. Scrutiny of votes 22. Notification of result of poll PART 3 - CONDUCT OF ELECTIONS Division 1 - Preliminary 23. Definitions Division 2 - Calling of elections 24. Notice of election 25. Postponement of close of nominations Division 3 - Nominations 26. Qualifications for candidates and for nominating candidates 27. Nomination of candidates 28. Withdrawal of nomination 29. Uncontested elections 30. Contested elections Division 4 - Preparation of preliminary list and calling of ballot 31. Preparation of preliminary list 32. Notice of ballot 33. Postponement of ballot Division 5 - Preparation of final list 34. Exhibition of preliminary list 35. Enrolment compulsory 36. Applications for enrolment by persons not already enrolled 37. Objections to enrolment 38. Postponement of ballot not to affect final list Division 6 - The ballot 39. Voting compulsory 40. Printing of ballot-papers 41. Distribution of ballot-papers 42. Duplicate ballot-papers 43. Recording of votes Division 7 - The scrutiny 44. Ascertaining result of ballot 45. Scrutineers 46. Scrutiny of outer envelopes 47. Scrutiny of inner envelopes 48. Scrutiny of votes 49. Counting of votes 50. Notification of result of election 51. Election proceedings have no effect in certain circumstances PART 4 - GENERAL 52. Decisions of returning officer final 53. Offences 54. Costs and expenses of polls and elections 55. Evidence of authority of servant or agent of Committee 56. Evidentiary certificates 57. Saving SCHEDULE 1 BANANA INDUSTRY REGULATION 2003 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Banana Industry Regulation 2003. BANANA INDUSTRY REGULATION 2003 - REG 2 Commencement 2 Commencement This Regulation commences on 1 September 2003. Note: This Regulation replaces the Banana Industry (Polls and Elections) Regulation 1998 which is repealed on 1 September 2003 by section 10 (2) of the Subordinate Legislation Act 1989. BANANA INDUSTRY REGULATION 2003 - REG 3 Definitions 3 Definitions (1) In this Regulation: "Executive Officer" means the Executive Officer of the Committee. "returning officer" for a poll or election means the person appointed by the Committee as the returning officer for the poll or election. "the Act" means the Banana Industry Act 1987. (2) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1. BANANA INDUSTRY REGULATION 2003 - REG 4 Notes 4 Notes Notes in the text of this Regulation do not form part of this Regulation. BANANA INDUSTRY REGULATION 2003 - REG 5 Returning officer 5 Returning officer (1) The Committee may appoint the Electoral Commissioner for New South Wales as the returning officer for the purposes of any election, poll or class of polls. (2) The Electoral Commissioner for New South Wales may delegate to any member of staff of the State Electoral Office any of the returning officer’s functions under this Regulation, other than this power of delegation. BANANA INDUSTRY REGULATION 2003 - REG 6 Definitions 6 Definitions In this Part: "calling of the poll" means the date on which a notice for a poll is first published under clause 8. "close of enrolments" means the final time and date fixed by the returning officer for the close of enrolments for a poll. "close of exhibition of the list" means the final time and date fixed by the returning officer for the close of exhibition of the list for a poll. "close of the poll" means the final time and date fixed by the returning officer for the close of a poll. "final list" means the list prepared for a poll under Division 3. "preliminary list" means the list for a poll provided to the returning officer under clause 7. BANANA INDUSTRY REGULATION 2003 - REG 7 Committee to notify returning officer of proposed poll 7 Committee to notify returning officer of proposed poll (1) As soon as practicable after it is determined by the Committee that a poll should be held on any question, the Committee must cause notice of that fact to be given to the returning officer. (2) The Committee must also provide the returning officer with: (a) a preliminary list of the persons who, in the opinion of the Executive Officer, are entitled to vote in the poll, and (b) an appropriately addressed label, or an appropriately addressed envelope, for each person whose name is included in that list. (3) The preliminary list: (a) must contain: (i) the full names (consecutively numbered and listed in alphabetical order) and addresses of the persons whose names are included in the list, and (ii) the voting entitlement of each of those persons, and (iii) sufficient details to identify the plantations in respect of which those persons are entitled to vote in the poll, and (b) must be certified by the Executive Officer in accordance with Form 1. (4) This clause does not apply to a poll to be held as a consequence of an earlier poll that has failed if a preliminary list for the earlier poll has already been provided to the returning officer. BANANA INDUSTRY REGULATION 2003 - REG 8 Notice of poll 8 Notice of poll (1) As soon as practicable after having been notified by the Committee that a poll is required to be held, 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 in an official publication of the Committee, or (b) to be sent by post to each person whose name is included in the preliminary list for the poll. (2) The following particulars must be included in the notice: (a) the question on which the poll is being conducted, (b) the time and date for the close of exhibition of the preliminary list, (c) the places where, the dates on which, and the times at which, copies of the preliminary list will be exhibited, (d) the time and date for the close of enrolments, (e) the qualifications which entitle a person to vote, (f) the places where applications for enrolment and objections against enrolment may be lodged, (g) the time and date for the close of the poll. (3) The close of exhibition of the list must not be earlier than 14 days after the calling of the poll. (4) The close of enrolments must not be earlier than 7 days after the close of exhibition of the list or later than 14 days before the close of the poll. (5) The close of the poll must not be earlier than 35 days after the calling of the poll. BANANA INDUSTRY REGULATION 2003 - REG 9 Postponement of poll 9 Postponement of poll (1) The returning officer may, by notice published in the same way as the notice stating that a poll is to be held, postpone (for a period not exceeding 14 days) the close of exhibition of the list, the close of enrolments or the close of the poll. (2) The power conferred on a returning officer by this clause may be exercised more than once in respect of a poll. BANANA INDUSTRY REGULATION 2003 - REG 10 Exhibition of preliminary list 10 Exhibition of preliminary list The returning officer must cause copies of the preliminary list 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 not less than 14 days ending at the close of exhibition of the list. BANANA INDUSTRY REGULATION 2003 - REG 11 Applications for enrolment by persons not already enrolled 11 Applications for enrolment by persons not already enrolled (1) A person whose name does not appear on the preliminary list for a poll may apply for enrolment in the final list for the poll. (2) The application must be in Form 2 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, address and voting entitlement of the applicant in the final list 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: (i) must return the application to the applicant for correction or completion, and (ii) must consider the duly corrected or completed application in accordance with this clause. (4) An application to a Local Court for an order referred to in section 12 (2) of the Act is to be: (a) in Form 3, if the application relates to the inclusion of the name of any person in the final list for the poll, or (b) in Form 4, if the application relates to the inclusion of a particular voting entitlement for any person in the final list for the poll. BANANA INDUSTRY REGULATION 2003 - REG 12 Objections to enrolment 12 Objections to enrolment (1) Before the close of enrolments, the returning officer or any person who is entitled to vote in a poll may object to the inclusion in the final list of: (a) the name of any person, or (b) the particular voting entitlement for any person. (2) An objection: (a) must be: (i) in Form 5, if the objection relates to the inclusion of the name of any person in the final list for the poll, or (ii) in Form 6, if the objection relates to the inclusion of a particular voting entitlement for any person in the final list for the poll, and (b) must state the grounds on which the objection is made, and (c) must be signed by the objector, and (d) must be lodged with the returning officer (unless it is signed by 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 the 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 relating to the inclusion of a person’s name in the final list for the poll, the returning officer: (a) must exclude the person’s name from the final list, and (b) must inform the person and the objector, in writing, that the person’s name is so excluded. (8) If the returning officer accepts an objection relating to the inclusion of a particular voting entitlement for a person in the final list for the poll, the returning officer: (a) must amend the final list so as to ensure that it reflects the person’s true voting entitlement, and (b) must inform the person and the objector, in writing, that the person’s voting entitlement is so amended. (9) 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. (10) 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. BANANA INDUSTRY REGULATION 2003 - REG 13 Postponement of poll not to affect final list 13 Postponement of poll not to affect final list The validity of the final list 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 list, and the list remains the final list for the poll. BANANA INDUSTRY REGULATION 2003 - REG 14 Printing of ballot-papers 14 Printing 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 ballot-papers to be sent to each person whose name is included in the final list for the poll. (2) A ballot-paper for a poll must contain: (a) the question to be voted on in the poll with 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. BANANA INDUSTRY REGULATION 2003 - REG 15 Distribution of ballot-papers 15 Distribution 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 list for the poll: (a) for each vote to which the person is entitled, 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 for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912 together with a blank unsealed envelope (the "inner envelope"), and (b) a large 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 (the "outer envelope"). BANANA INDUSTRY REGULATION 2003 - REG 16 Duplicate ballot-papers 16 Duplicate ballot-papers (1) At any time before the close of the poll, the returning officer may issue to a voter duplicate ballot-papers and duplicate envelopes if the voter satisfies the returning officer by statutory declaration: (a) that the original ballot-paper or ballot-papers has or have been spoilt, lost or destroyed, and (b) that the voter has not already voted in the poll concerned. (2) The returning officer is to maintain a record of all duplicate ballot-papers issued under this clause. BANANA INDUSTRY REGULATION 2003 - REG 17 Recording of votes 17 Recording of votes (1) In order to vote in a poll, a person: (a) for each vote to which the person is entitled: (i) must record a vote on a ballot-paper in accordance with the directions shown on it, and (ii) must place the completed ballot-paper in an inner envelope, and (iii) must seal the inner envelope, and (b) must place each inner envelope in the outer envelope, and (c) must seal the outer envelope, and (d) must complete the person’s full name and address on, and must sign, the back of the outer envelope, and (e) must return the outer envelope to the returning officer so as to be received before the close of the poll. (2) An inner envelope must not contain more than one ballot-paper. BANANA INDUSTRY REGULATION 2003 - REG 18 Ascertaining result of poll 18 Ascertaining 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. BANANA INDUSTRY REGULATION 2003 - REG 19 Scrutiny of outer envelopes 19 Scrutiny of outer envelopes (1) The returning officer must reject (without opening it) any outer envelope purporting to contain a ballot-paper if the outer envelope is not received before the close of the poll or is received unsealed. (2) The returning officer must examine the name on the back of each remaining outer envelope and, without opening the outer envelope: (a) must provisionally accept any ballot-paper in the outer envelope and draw a line through the name on the final list for the poll that corresponds to the name on the back of the outer envelope, if satisfied that a person of that name is included in the list, or (b) must reject any ballot-paper in the outer envelope, if not so satisfied or if a name, address or signature does not appear on the back of the outer envelope. (3) The returning officer may reject a ballot-paper without opening the outer 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 outer envelope, or (b) it appears to the returning officer that the signature on the back of the outer envelope is not the signature of the person whose name and address appear on the back of the outer envelope. BANANA INDUSTRY REGULATION 2003 - REG 20 Scrutiny of inner envelopes 20 Scrutiny of inner envelopes (1) The scrutiny of inner envelopes in a poll is to be conducted as follows: (a) the returning officer is to open the outer envelopes containing the ballot-papers that have not been rejected, (b) the returning officer is then to extract any inner envelope contained in any such outer envelope, (c) the returning officer is then to note on the final list for the poll, against the name of the person appearing on the back of the outer envelope, the number of inner envelopes contained in the outer envelope, (d) the returning officer is then to place each such inner envelope in a locked ballot-box. (2) However, if there are more inner envelopes in the outer envelope than the number of votes to which the person is entitled, the returning officer must reject all of the inner envelopes contained in the outer envelope. BANANA INDUSTRY REGULATION 2003 - REG 21 Scrutiny of votes 21 Scrutiny of votes (1) The scrutiny of votes in a poll is to be conducted as follows: (a) the returning officer is to unlock the ballot-box, remove the inner envelopes and then remove the ballot- papers from the inner envelopes, (b) the returning officer is then to reject all ballot- papers in an inner envelope if the inner envelope contains more than one ballot-paper, (c) the returning officer is then to examine each remaining ballot-paper and reject those that are informal, (d) 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: (a) if 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) if 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) if it has not been completed in accordance with the directions on it. (3) However, a ballot-paper is not to be rejected as informal merely because of any mark or writing on it which 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. BANANA INDUSTRY REGULATION 2003 - REG 22 Notification of result of poll 22 Notification 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 Executive Officer in writing of the result of the poll. BANANA INDUSTRY REGULATION 2003 - REG 23 Definitions 23 Definitions In this Part: "calling of the ballot" means the date on which a notice for an election is first published under clause 24. "close of enrolments" means the final time and date fixed by the returning officer for the close of enrolments for an election. "close of exhibition of the list" means the final time and date fixed by the returning officer for the close of exhibition of the list for an election. "close of nominations" means the final time and date fixed by the returning officer for the close of nominations for an election. "close of the ballot" means the final time and date fixed by the returning officer for the close of the ballot for an election. "final list" means the list prepared for an election under Division 5. "preliminary list" means the list for an election provided to the returning officer under clause 31. BANANA INDUSTRY REGULATION 2003 - REG 24 Notice of election 24 Notice of election (1) As soon as practicable after having been notified in writing by or on behalf of the Minister that an election is required to be held for a region, the returning officer: (a) must cause to be published, in at least one newspaper circulating generally throughout the region or in an official publication of the Committee, a notice calling for the nomination of candidates for the election, and (b) must notify the Executive Officer in writing that an election is to be held for the region and of the time and date for the close of nominations, as stated in the notice published under paragraph (a). (2) The notice: (a) must state that an election is to be held for the region concerned, and (b) must call for the nomination of candidates, and (c) must fix the time and date for the close of nominations, and (d) must state the places where nomination forms may be obtained and where nominations may be lodged, and (e) must state the qualifications that entitle a person to nominate, or be nominated as, a candidate. (3) The close of nominations is not to be earlier than 21 days after the date on which the notice is first published. BANANA INDUSTRY REGULATION 2003 - REG 25 Postponement of close of nominations 25 Postponement of close of nominations (1) The returning officer may, by a notice in a form similar to, and published in the same manner as, the notice calling for the nomination of candidates, postpone (for a period not exceeding 14 days) the close of nominations for an election. (2) The power conferred by this clause on a returning officer may be exercised more than once in respect of an election. BANANA INDUSTRY REGULATION 2003 - REG 26 Qualifications for candidates and for nominating candidates 26 Qualifications for candidates and for nominating candidates (1) A person is qualified to nominate, or to be nominated as, a candidate for an election if, and only if: (a) the person has paid all charges, fees and other amounts due and payable to the Committee under the Act in respect of the financial year last preceding the election, and (b) the person is entitled to vote in the election or the person would be so entitled but for the operation of section 16B (2) or 16E (1) (a) of the Act. (2) However, a person is not qualified to be nominated as a candidate for election for a region if the person is already a regional member, or candidate for election, for some other region. BANANA INDUSTRY REGULATION 2003 - REG 27 Nomination of candidates 27 Nomination of candidates (1) A nomination of a candidate: (a) must be in Form 7, and (b) must be made by at least 2 persons (other than the candidate) who are qualified to nominate a candidate, and (c) must contain a statement, signed by the candidate, stating that the candidate: (i) is entitled to vote in the election or would be so entitled but for the operation of section 16B (2) or 16E (1) (a) of the Act, and (ii) consents to the nomination and will act as a member of the Committee if elected, and (iii) has not consented to being nominated as a candidate for any other region, and (d) must be lodged with the returning officer before the close of nominations. (2) If the returning officer considers that an insufficient number of the persons by whom a candidate has been nominated are qualified to nominate the candidate, the returning officer must, as soon as practicable after receiving the nomination, cause notice of that fact to be given to the candidate. (3) The returning officer may, in order to decide whether a person who nominates a candidate in an election is qualified to do so, require the Executive Officer to provide the returning officer with such information regarding the person as the returning officer specifies. (4) The Executive Officer is to comply with such a requirement as soon as practicable. BANANA INDUSTRY REGULATION 2003 - REG 28 Withdrawal of nomination 28 Withdrawal of nomination 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 given to the returning officer. BANANA INDUSTRY REGULATION 2003 - REG 29 Uncontested elections 29 Uncontested elections If, by the close of nominations, only one person has been duly nominated as a candidate for the region concerned, that person is taken to have been elected. BANANA INDUSTRY REGULATION 2003 - REG 30 Contested elections 30 Contested elections If, by the close of nominations, 2 or more persons have been duly nominated as candidates for the region concerned, a ballot must be held. BANANA INDUSTRY REGULATION 2003 - REG 31 Preparation of preliminary list 31 Preparation of preliminary list (1) As soon as practicable after it becomes apparent that a ballot must be held for an election, the returning officer must notify the Executive Officer: (a) that a ballot is to be held for the election, and (b) that a preliminary list for the election is required. (2) The Executive Officer must provide the returning officer with: (a) a preliminary list of the persons who, in the opinion of the Executive Officer, are entitled 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 list. (3) A preliminary list: (a) must contain: (i) the full names (consecutively numbered and listed in alphabetical order) and addresses of the persons whose names are included in the list, and (ii) the voting entitlement of each of those persons, and (iii) sufficient details to identify the plantations in respect of which those persons are entitled to vote in the election, and (b) must be certified by the Executive Officer in accordance with Form 1. (4) This clause does not apply to an election to be held as a consequence of an earlier election that has failed if a preliminary list for the earlier election has already been provided to the returning officer. BANANA INDUSTRY REGULATION 2003 - REG 32 Notice of ballot 32 Notice of ballot (1) As soon as practicable after receiving the preliminary list for an election, the returning officer must cause notice that a ballot is to be held: (a) to be published in at least one newspaper circulating generally throughout the region concerned or in an official publication of the Committee, or (b) to be sent by post to each person whose name is included in the preliminary list for the election. (2) The notice must state: (a) that a ballot is to be held, and (b) the time and date fixed for the close of exhibition of the preliminary list, and (c) the places where, the dates on which, and times at which, copies of the preliminary list will be exhibited, and (d) the time and date fixed for the close of enrolments, and (e) the qualifications that entitle a person to vote, and (f) the places where applications for enrolment and objections against enrolment may be lodged, and (g) the time and date fixed for the close of the ballot. (3) The notice must also state: (a) that it is compulsory for a banana grower to be enrolled, or to apply for enrolment, in the final list for the election unless the banana grower is prevented from enrolling in that final list because of the operation of section 16B (2) or 16E (1) (a) of the Act, and (b) that it is compulsory for a banana grower who is enrolled in the final list for the election to vote in the election. (4) The close of exhibition of the list must not be earlier than 14 days after the calling of the ballot. (5) The close of enrolments must not be earlier than 7 days after the close of exhibition of the list or later than 14 days before the close of the ballot. (6) The close of the ballot must not be earlier than 35 days after the calling of the ballot. BANANA INDUSTRY REGULATION 2003 - REG 33 Postponement of ballot 33 Postponement of ballot (1) The returning officer may, by notice published in the same way as the notice stating that a ballot is to be held, postpone (for a period not exceeding 14 days) the close of exhibition of the list, the close of enrolments or the close of the ballot. (2) The power conferred on a returning officer by this clause may be exercised more than once in respect of an election. BANANA INDUSTRY REGULATION 2003 - REG 34 Exhibition of preliminary list 34 Exhibition of preliminary list The returning officer must cause copies of the preliminary list 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 list. BANANA INDUSTRY REGULATION 2003 - REG 35 Enrolment compulsory 35 Enrolment compulsory It is compulsory for every banana grower to be enrolled, or to apply for enrolment, in the final list for the election unless the banana grower is prevented from enrolling in the final list because of the operation of section 16B (2) or 16E (1) (a) of the Act. Maximum penalty: 0.1 penalty units. BANANA INDUSTRY REGULATION 2003 - REG 36 Applications for enrolment by persons not already enrolled 36 Applications for enrolment by persons not already enrolled (1) A person whose name does not appear on the preliminary list for an election may apply for enrolment in the final list for the election. (2) The application must be in Form 8 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, address and voting entitlement of the applicant in the final list for the election, 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: (i) must return the application for correction or completion, and (ii) must consider the duly corrected or completed application in accordance with this clause. (4) An application to a Local Court for an order referred to in section 16G (3) of the Act is to be: (a) in Form 3, if the application relates to the inclusion of the name of any person in the final list for the election, or (b) in Form 4, if the application relates to the inclusion of a particular voting entitlement for any person in the final list for the election. BANANA INDUSTRY REGULATION 2003 - REG 37 Objections to enrolment 37 Objections to enrolment (1) Before the close of enrolments, the returning officer or any person who is entitled to vote in an election may object to the inclusion in the final list of: (a) the name of any person, or (b) the particular voting entitlement for any person. (2) An objection: (a) must be: (i) in Form 5, if the objection relates to the inclusion of the name of any person in the final list for the election, or (ii) in Form 6, if the objection relates to the inclusion of a particular voting entitlement for any person in the final list for the election, and (b) must state the grounds on which the objection is made, and (c) must be signed by the objector, and (d) must be lodged with the returning officer (unless it is signed by 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 the 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 relating to the inclusion of a person’s name in the final list for the election, the returning officer: (a) must exclude the person’s name from the final list, and (b) must inform the person and the objector, in writing, that the person’s name is so excluded. (8) If the returning officer accepts an objection relating to the inclusion of a particular voting entitlement for a person in the final list for the election, the returning officer: (a) must amend the final list so as to ensure that it reflects the person’s true voting entitlement, and (b) must inform the person and the objector, in writing, that the person’s voting entitlement is so amended. (9) 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. (10) 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. BANANA INDUSTRY REGULATION 2003 - REG 38 Postponement of ballot not to affect final list 38 Postponement of ballot not to affect final list The validity of the final list for an election is not affected by the postponement of the close of the ballot by a notice published after the close of the exhibition of the list, and the list remains the final list for the election. BANANA INDUSTRY REGULATION 2003 - REG 39 Voting compulsory 39 Voting compulsory It is compulsory for every banana grower who is enrolled in the final list for an election to vote in the election. Maximum penalty: 0.1 penalty units. BANANA INDUSTRY REGULATION 2003 - REG 40 Printing of ballot-papers 40 Printing 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 the 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 ballot-papers to be sent to each person whose name is included in the final list for the election. (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 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 are required by subclause (3), and (d) such further 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) The directions to voters must include a direction that: (a) the voter must record a vote for at least one candidate by placing the number “1” in the square opposite the name of the candidate for whom the voter desires to give his or her first preference vote, and (b) the voter may, but is not required to, vote for additional candidates by placing consecutive numbers (beginning with the number “2”) in the squares opposite the names of those additional candidates in the order of the voter’s preferences for them. BANANA INDUSTRY REGULATION 2003 - REG 41 Distribution of ballot-papers 41 Distribution 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 list for the election: (a) for each vote to which the person is entitled, 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 for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912 together with a blank unsealed envelope (the "inner envelope"), and (b) a large 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 (the "outer envelope"). BANANA INDUSTRY REGULATION 2003 - REG 42 Duplicate ballot-papers 42 Duplicate ballot-papers (1) At any time before the close of the ballot, the returning officer may issue to a voter duplicate ballot-papers and duplicate envelopes if the voter satisfies the returning officer by statutory declaration: (a) that the original ballot-paper or ballot-papers has or have been spoilt, lost or destroyed, and (b) that the voter has not already voted in the election concerned. (2) The returning officer is to maintain a record of all duplicate ballot-papers issued under this clause. BANANA INDUSTRY REGULATION 2003 - REG 43 Recording of votes 43 Recording of votes (1) In order to vote in an election, a person: (a) for each vote to which the person is entitled: (i) must record a vote on a ballot-paper in accordance with the directions shown on it, and (ii) must place the completed ballot-paper in an inner envelope, and (iii) must seal the inner envelope, and (b) must place each inner envelope in the outer envelope, and (c) must seal the outer envelope, and (d) must complete the person’s full name and address on, and must sign, the back of the outer envelope, and (e) must return the outer envelope to the returning officer so as to be received before the close of the ballot. (2) An inner envelope must not contain more than one ballot-paper. BANANA INDUSTRY REGULATION 2003 - REG 44 Ascertaining result of ballot 44 Ascertaining 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. BANANA INDUSTRY REGULATION 2003 - REG 45 Scrutineers 45 Scrutineers (1) Each candidate is entitled to appoint, by notice in writing, a scrutineer to represent the candidate at all stages of the scrutiny. (2) A candidate who appoints a scrutineer must cause written notice of the appointment to be given to the returning officer. BANANA INDUSTRY REGULATION 2003 - REG 46 Scrutiny of outer envelopes 46 Scrutiny of outer envelopes (1) The returning officer must reject (without opening it) any outer envelope purporting to contain a ballot-paper if the outer 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 each remaining outer envelope and, without opening the outer envelope: (a) must provisionally accept any ballot-paper in the outer envelope and draw a line through the name on the final list for the election that corresponds to the name on the back of the outer envelope, if satisfied that a person of that name is included in that final list, or (b) must reject any ballot-paper in the outer envelope, if not so satisfied or if a name, address or signature does not appear on the back of the outer envelope. (3) The returning officer may reject a ballot-paper without opening the outer 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 outer envelope, or (b) it appears to the returning officer that the signature on the back of the outer envelope is not the signature of the person whose name and address appear on the back of the outer envelope. BANANA INDUSTRY REGULATION 2003 - REG 47 Scrutiny of inner envelopes 47 Scrutiny of inner envelopes (1) The scrutiny of inner envelopes in a ballot is to be conducted as follows: (a) the returning officer is to open the outer envelopes containing the ballot-papers that have not been rejected, (b) the returning officer is then to extract any inner envelope contained in any such outer envelope, (c) the returning officer is then to note on the final list for the election, against the name of the person appearing on the back of the outer envelope, the number of inner envelopes contained in the outer envelope, (d) the returning officer is then to place each such inner envelope in a locked ballot-box. (2) However, if there are more inner envelopes in the outer envelope than the number of votes to which the person is entitled, the returning officer must reject all of the inner envelopes contained in the outer envelope. BANANA INDUSTRY REGULATION 2003 - REG 48 Scrutiny of votes 48 Scrutiny of votes (1) The scrutiny of votes in a ballot is to be conducted as follows: (a) the returning officer is to unlock the ballot-box, remove the inner envelopes and then remove the ballot- papers from the inner envelopes, (b) the returning officer is then to reject all ballot- papers in an inner envelope if the inner envelope contains more than one ballot-paper, (c) the returning officer is then to examine each remaining ballot-paper and reject those that are informal, (d) 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: (a) if 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) if it has on it any mark or writing that the returning officer considers could enable any person to identify the voter who completed it, or (c) if it has not been completed in accordance with the directions on it. (3) However, 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 (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, or (b) if the voter has recorded a vote by placing in a 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. BANANA INDUSTRY REGULATION 2003 - REG 49 Counting of votes 49 Counting of votes (1) The method of counting the votes to ascertain the result of an election is as provided in Part 2 of the Seventh Schedule to the Constitution Act 1902. (2) For the purpose of applying the provisions of that Part to an election, a reference in those provisions to the returning officer is to be read as a reference to the returning officer under this Regulation. BANANA INDUSTRY REGULATION 2003 - REG 50 Notification of result of election 50 Notification of result of election As soon as practicable after a candidate in an election has been elected, the returning officer is to notify the Minister and the Executive Officer in writing of the name of the candidate elected. BANANA INDUSTRY REGULATION 2003 - REG 51 Election proceedings have no effect in certain circumstances 51 Election proceedings have no effect in certain circumstances (1) If, after the close of nominations and before the close of the ballot, a candidate becomes disqualified: (a) the returning officer is to cause notice of the disqualification to be published in a newspaper circulating generally throughout the region concerned or in an official publication of the Committee, 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 those proceedings must be taken again. (2) For the purposes of this clause, a candidate becomes disqualified if the candidate: (a) dies, or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or (c) becomes a mentally incapacitated person, or (d) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable. BANANA INDUSTRY REGULATION 2003 - REG 52 Decisions of returning officer final 52 Decisions 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 conduct of a ballot in a poll or election, the returning officer’s decision on the matter is final. BANANA INDUSTRY REGULATION 2003 - REG 53 Offences 53 Offences A person must not: (a) apply for enrolment in the final list for any poll or election if the person is already included in the list, or (b) cast more votes, or attempt to cast more votes, than the person is entitled to cast in any poll or election, or (c) vote, or attempt to vote, in any poll or election in which the person is not entitled to vote. Maximum penalty: 5 penalty units. BANANA INDUSTRY REGULATION 2003 - REG 54 Costs and expenses of polls and elections 54 Costs and expenses of polls and elections The Committee must ensure that provision is made in the following manner for payment of the costs and expenses of the returning officer in conducting a poll or an election: (a) before the poll or election is conducted, the Committee must pay to the returning officer an amount equal to the returning officer’s estimate of the costs and expenses of the poll or election likely to be incurred by the returning officer in conducting the poll or election, (b) the Committee must give an undertaking to the returning officer to pay to the returning officer, after the poll or election is conducted, any amount by which the actual costs and expenses incurred by the returning officer in conducting the poll or election exceed the amount of the estimate. BANANA INDUSTRY REGULATION 2003 - REG 55 Evidence of authority of servant or agent of Committee 55 Evidence of authority of servant or agent of Committee For the purposes of section 6 (d) of the Act, the written evidence as to the authority of a servant or agent of the Committee is to be in the form of a certificate: (a) that states that it is issued under the Banana Industry Act 1987, and (b) that gives the name of the person to whom it is issued, and (c) that describes the nature of the powers conferred on the person, and (d) that states its date of expiry, and (e) that describes the kind of premises that the person is authorised to enter, and (f) that bears the seal of the Committee. BANANA INDUSTRY REGULATION 2003 - REG 56 Evidentiary certificates 56 Evidentiary certificates For the purposes of section 26 (d) (i) of the Act, the Executive Officer is the prescribed officer. BANANA INDUSTRY REGULATION 2003 - REG 57 Saving 57 Saving Any act, matter or thing that, immediately before the repeal of the Banana Industry (Polls and Elections) Regulation 1998, had effect under that Regulation continues to have effect under this Regulation. BANANA INDUSTRY REGULATION 2003 - SCHEDULE 1 SCHEDULE 1 – Forms (Clause 3) Form 1 - Certificate (Clauses 7 and 31) Certificate (Banana Industry Act 1987) I certify that this list of banana growers contains: (a) the full names (consecutively numbered and listed in alphabetical order) and addresses of those persons who in my opinion are entitled to vote in the poll*/election for the region of* for which this list has been prepared, and (b) the voting entitlement of each of those persons, and (c) sufficient details to identity the plantations in respect of which those persons are entitled to vote in the poll*/election*. The first and last entries in the list are as follows: ________________________ |________________________| |________________________| |________________________| |________________________| |________________________| * Delete whichever is inapplicable Form 2 - Application for enrolment for poll (Clause 11) Application for enrolment for poll (Banana Industry Act 1987) Surname: Given names: Postal address: Postcode:Telephone No: __________________________________________________________________________ |Address of any plantation on which |Person who is entitled to vote in| |bananas are grown by or on behalf of the|respect of the plantation: | |__________________________________________________________________________| Local government area or areas in which any such plantation is situated: Area of plantation*/total area of plantations* on which bananas are grown by or on behalf of the applicant: I apply for enrolment in the list of banana growers under the Banana Industry Act 1987 for the purposes of the following poll: (specify the poll to which the application relates) I declare that, to the best of my knowledge, the information contained in this application is true. Dated:Signed: * Delete whichever is inapplicable. Form 3 - Application for inclusion of name in final list of voters (Clauses 11 and 36) Application for inclusion of name in final list of voters (Banana Industry Act 1987) To the Clerk of the Local Court at __________________________________________________________ |__________________________________________________________| |__________________________________________________________| the returning officer for a poll*/an election for the region of* to be held under the Banana Industry Act 1987, has refused to include my name in the final list of voters for the poll*/election*. I, (name in full) claim to be entitled to have my name included in that list. I therefore APPLY to the Local Court referred to above for an order that my name be included in that list. _________________________ |_________________________| Applicant’s address for service: __________________________________________________________ |__________________________________________________________| |__________________________________________________________| There will be a hearing at the Local Court referred to above on theday of,, for the purpose of ascertaining the state of readiness of this matter and, if appropriate, for the purpose of fixing a date for hearing. ___________________________ || | |___________________________| * Delete whichever is inapplicable. Form 4 - Application for inclusion of particular voting entitlement in final list of voters (Clauses 11 and 36) Application for inclusion of particular voting entitlement in final list of voters (Banana Industry Act 1987) To the Clerk of the Local Court at __________________________________________________________ |__________________________________________________________| |__________________________________________________________| the returning officer for a poll*/an election for the region of* to be held under the Banana Industry Act 1987, has refused to include the following voting entitlement for me in the final list of voters for the poll*/election*. (specify voting entitlement to be included in the final list) I, (name in full) claim to be entitled to have that voting entitlement included for me in that list. I therefore APPLY to the Local Court referred to above for an order that that voting entitlement be included for me in that list. _________________________ |_________________________| Applicant’s address for service: __________________________________________________________ |__________________________________________________________| |__________________________________________________________| There will be a hearing at the Local Court referred to above on theday of,, for the purpose of ascertaining the state of readiness of this matter and, if appropriate, for the purpose of fixing a date for hearing. ___________________________ |___________________________| * Delete whichever is inapplicable. Form 5 - Objection to enrolment (Clauses 12 and 37) Objection to enrolment (Banana Industry Act 1987) I, (name in full of objector) object to the inclusion in the final list for the following poll*/election*: (specify the poll*/election* to which the objection relates) of the name of (name in full) of (address) This objection is based on the following grounds: (specify the grounds of the objection) Postal address of objector: _______________________ |_______________________| |_______________________| * Delete whichever is inapplicable. Form 6 - Objection to determination of voting entitlement (Clauses 12 and 37) Objection to determination of voting entitlement (Banana Industry Act 1987) I, (name in full of objector) object to the voting entitlement included in the final list for the following poll*/election*: (specify the poll*/election* to which the objection relates) for (name in full) of (address) The voting entitlement is stated in that list to be: This objection is based on the following grounds: (specify the grounds of the objection) Postal address of objector: _______________________ |_______________________| |_______________________| * Delete whichever is inapplicable. Form 7 - Nomination of candidate (Clause 27) Nomination of candidate (Banana Industry Act 1987) We nominate (name in full) of (postal address) as a candidate for the election (for the region of) to the Banana Industry Committee. We declare that we are each qualified to make this nomination. ______________________________ |______________________________| | | | | | | | | |______________________________| Note: This nomination must be completed by not less than 2 persons (other than the candidate), each of whom is qualified to nominate a candidate in accordance with clause 26 of the Banana Industry Regulation 2003. I,, (a) state that I am entitled to vote in the election or would be so entitled but for the operation of section 16B (2) or 16E (1) (a) of the Act, and (b) consent to being a candidate at the election to which this nomination relates, and (c) state that I am not a regional member, or candidate for election, for some other region, and (d) state that I will act as a member of the Banana Industry Committee if elected. Postal address of nominee: _______________________ |_______________________| |_______________________| Form 8 - Application for enrolment for election (Clause 36) Application for enrolment for election (Banana Industry Act 1987) Surname: Given names: Postal address: _______________________ |_______________________| Region to which application refers: __________________________________________________________________________ |Address of any plantation on which |Person who is entitled to vote in| |bananas are grown by or on behalf of the|respect of the plantation: | |__________________________________________________________________________| Local government area or areas in which any such plantation is situated: Area of plantation*/total area of plantations* on which bananas are grown by or on behalf of the applicant: I apply for enrolment in the list of banana growers under the Banana Industry Act 1987 for the purposes of the following election: (specify the election to which the application relates) I declare that, to the best of my knowledge, the information contained in this application is true. Dated:Signed: * Delete whichever is inapplicable. Note: If bananas are grown by or on behalf of a banana grower on plantations that are situated in different regions or on a plantation that is situated partly in one region and partly in another region, the banana grower is entitled to vote in an election in respect of one region only. That region is to be nominated by the banana grower or determined by the Chairperson of the Banana Industry Committee under section 16C of the Banana Industry Act 1987. BANANA INDUSTRY REGULATION 2003 - NOTES Does not include amendments by: Parliamentary Electorates and Elections Amendment Act 2006 No 68 (not commenced) Miscellaneous Acts (Local Court) Amendment Act 2007 No 94 (not commenced) BANANA INDUSTRY REGULATION 2003 - NOTES Note: The Regulation was repealed by sec 10 (2) of the Subordinate Legislation Act 1989 No 146 with effect from 1.9.2008. BANANA INDUSTRY REGULATION 2003 - NOTES Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Banana Industry Act 1987. Minister for Agriculture and Fisheries BANANA INDUSTRY REGULATION 2003 - NOTES Explanatory note The object of this Regulation is to remake, without substantial alteration, the Banana Industry (Polls and Elections) Regulation 1998. That Regulation will be repealed on 1 September 2003 by section 10 (2) of the Subordinate Legislation Act 1989. The new Regulation deals with the following matters: (a) the conduct of polls (Part 2), (b) the conduct of elections (Part 3), (c) other minor, consequential or ancillary matters (Parts 1 and 4). This Regulation is made under the Banana Industry Act 1987, including section 31 (the general regulation-making power). This Regulation comprises or relates to matters of a machinery nature. BANANA INDUSTRY REGULATION 2003 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsBanana Industry Regulation 2003 published in Gazette No 114 of 18.7.2003, p 7262.