Agricultural Industry Development (Polls) Regulations 2001

i Agricultural Industry Development (Polls) Regulations 2001 S.R. No. 114/2001 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Revocation 1 5. Definitions 2 6. Notification of poll 2 7. Supply of roll and voting information 3 8. Issue of ballot-papers and voting information 3 9. Duplicate ballot-papers 4 10. Method of voting 4 11. Processing of return envelopes 5 12. Scrutineers 5 13. Extraction of and counting of votes 5 14. List of persons who failed to vote 6 15. Adjournment of scrutiny and counting 6 16. Notice of result of poll 6 __________________ SCHEDULES 8 SCHEDULE 1—Ballot-paper for conduct of poll under section 7(1) of the Act 8 SCHEDULE 2—Ballot-paper for conduct of poll under section 9(4) of the Act 9 ═══════════════ ENDNOTES 10 -- 1 of 11 -- 1 STATUTORY RULES 2001 S.R. No. 114/2001 Agricultural Industry Development Act 1990 Agricultural Industry Development (Polls) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 30 October 2001 Responsible Minister: KEITH HAMILTON Minister for Agriculture HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe procedures to be followed in the conduct of polls under the Agricultural Industry Development Act 1990. 2. Authorising provisions These Regulations are made under sections 58 and 62 of the Act. 3. Commencement These Regulations come into operation on 1 November 2001. 4. Revocation The Agricultural Industry Development (Polls) Regulations 1991 1 are revoked. -- 2 of 11 -- S.R. No. 114/2001 Agricultural Industry Development (Polls) Regulations 2001 2 5. Definitions In these Regulations— "return envelope" means the reply-paid return envelope referred to in regulation 8(b); "returning officer" means the returning officer under section 58(1) of the Act; "roll" means the roll of persons entitled to vote at a poll that is prepared by the Minister under section 58(2) of the Act; "the Act" means the Agricultural Industry Development Act 1990. 6. Notification of poll (1) As soon as practicable after the Minister under section 7(1) or 9(4) of the Act directs that a poll be held of producers, the returning officer must publish in a newspaper circulating generally in Victoria a notice— (a) setting out the question on which the poll is to be held; and (b) fixing the time and date for the close of voting in the poll; and (c) stating where and at what times the roll may be inspected; and (d) stating that it is compulsory for persons who are on the roll to vote at the poll; and (e) specifying any other details or directions relating to the conduct of the poll which the returning officer considers it appropriate to include. r. 5 -- 3 of 11 -- S.R. No. 114/2001 Agricultural Industry Development (Polls) Regulations 2001 3 (2) The date fixed for the close of voting in the poll must not be earlier than 14 days nor later than 42 days after the date that the notice under sub- regulation (1) is published. 7. Supply of roll and voting information Within 7 days after directing under section 7(1) or 9(4) of the Act that a poll be held of producers, the Minister— (a) must supply the returning officer with the roll and the number of votes each person on the roll may cast in the poll; and (b) in the case of a poll conducted under section 7(1)— (i) must supply the returning officer with a copy of the proposed Order which is the subject of the poll; and (ii) may supply the returning officer with a statement setting out a case in support of the proposed Order and with a statement setting out a case against the proposed Order. 8. Issue of ballot-papers and voting information The returning officer must, at least 14 days before the date for the close of voting in the poll, post or cause to be posted or otherwise delivered to each person whose name appears on the roll at the address of each person as shown on the roll— (a) a ballot-paper in the form of Schedule 1 for a poll conducted under section 7(1) of the Act or in the form of Schedule 2 for a poll conducted under section 9(4) of the Act, indicating the number of votes that may be cast by the person; and r. 7 -- 4 of 11 -- S.R. No. 114/2001 Agricultural Industry Development (Polls) Regulations 2001 4 (b) an envelope with provision for the person to sign enclosing the ballot-paper and a reply- paid return envelope addressed to the returning officer; and (c) in the case of a poll conducted under section 7(1), a copy of the proposed Order and any statements which have been supplied to the returning officer under regulation 7(b). 9. Duplicate ballot-papers (1) If a voter who has been issued with a ballot-paper satisfies the returning officer that the ballot-paper has been spoilt, lost or destroyed, and that the voter has not already voted in the poll, the returning officer may issue to the voter a new ballot-paper, a new envelope for enclosing the ballot-paper and a new reply-paid return envelope. (2) The returning officer must maintain a record of all duplicate ballot-papers issued under sub-regulation (1). 10. Method of voting A voter who has been issued with a ballot-paper must— (a) write "YES" or "NO" on the ballot-paper in accordance with the directions shown on the ballot-paper; and (b) enclose the ballot-paper in the ballot-paper envelope and sign the envelope in the space provided; and (c) place the ballot-paper envelope with its enclosed ballot-paper in the return envelope; and (d) post or deliver the return envelope to the returning officer so as to be received by the r. 9 -- 5 of 11 -- S.R. No. 114/2001 Agricultural Industry Development (Polls) Regulations 2001 5 returning officer before the close of voting in the poll. 11. Processing of return envelopes The returning officer must— (a) remove the ballot-paper envelope from each reply-paid return envelope received before the close of the poll; and (b) record receipt of the ballot-paper envelope on the roll of voters; and (c) separate the signed ballot-paper envelopes from the unsigned ballot-paper envelopes; and (d) disallow the unsigned ballot-paper envelopes; and (e) place each signed ballot-paper envelope in a sealed ballot box. 12. Scrutineers (1) Any organisation or body of persons, on the written authorisation of not less than twenty persons entitled to vote at the poll, may by notice in writing served on the returning officer appoint a scrutineer. (2) A scrutineer appointed under sub-regulation (1) is entitled to be present during the examination and opening of return envelopes and at the scrutiny and counting of votes. 13. Extraction of and counting of votes r. 11 -- 6 of 11 -- S.R. No. 114/2001 Agricultural Industry Development (Polls) Regulations 2001 6 (1) As soon as practicable after the close of the poll, the returning officer, in the presence of any scrutineers that choose to be present, must— (a) open the ballot-box; and (b) produce unopened all signed ballot-papers received up to the close of the poll; and (c) detach and separate the flap containing the voter's details from each ballot-paper envelope; and (d) after the flaps have been detached, open each ballot-paper envelope and extract the ballot- paper; and (e) count the votes taking into account the number of votes each voter may cast. (2) Any ballot-paper that does not contain the word "YES" or the word "NO" written by the voter on the ballot-paper or contains both the word "YES" and the word "NO" is informal and must not be counted. (3) A ballot-paper must not be rejected as informal for any reasons other than those prescribed in sub- regulation (2) so long as the voter's intention is clear. 14. List of persons who failed to vote At the conclusion of the poll, the returning officer must supply the Minister with a list of names of persons on the roll who failed to vote in the poll. 15. Adjournment of scrutiny and counting The returning officer may at any time adjourn the scrutiny and count of votes to a day and hour fixed by the returning officer and notified to the scrutineers. 16. Notice of result of poll r. 13 -- 7 of 11 -- S.R. No. 114/2001 Agricultural Industry Development (Polls) Regulations 2001 7 As soon as practicable after the result of the poll has been ascertained, the returning officer must give to the Minister a written notice of the result of the poll and must publish a similar notice in a newspaper circulating generally in Victoria. __________________ r. 16 -- 8 of 11 -- S.R. No. 114/2001 Agricultural Industry Development (Polls) Regulations 2001 8 SCHEDULES SCHEDULE 1 Regulation 8(a) Agricultural Industry Development (Polls) Regulations 2001 BALLOT-PAPER FOR CONDUCT OF POLL UNDER SECTION 7(1) OF THE ACT Order to (insert purposes of Order) Number of votes you may cast in a poll Are you in favour of the Order? DIRECTIONS TO VOTER 1. To vote in favour of the Order, write the word "YES" in the box. 2. To vote against the Order, write the word "NO" in the box. 3. If you are entitled to more than one vote your marking of "YES" or "NO" on the ballot paper will be treated by the returning officer as voting "YES" or "NO" the number of times that you are entitled to cast a vote. 4. After marking your ballot paper, insert the ballot-paper in the envelope marked "Ballot-Paper Envelope" and sign the envelope in the place provided. 5. Then enclose the Ballot-Paper Envelope in the reply-paid return addressed envelope and post or deliver the return envelope to reach the returning officer not later than 4 p.m. on the day of (insert the date of close of the poll). __________________ Sch. 1 -- 9 of 11 -- S.R. No. 114/2001 Agricultural Industry Development (Polls) Regulations 2001 9 SCHEDULE 2 Regulation 8(a) Agricultural Industry Development (Polls) Regulations 2001 BALLOT-PAPER FOR CONDUCT OF POLL UNDER SECTION 9(4) OF THE ACT Order to (insert purposes of Order) Number of votes you may cast in a poll Are you in favour of the continuation of the Order? DIRECTIONS TO VOTER 1. To vote in favour of the continuation of the Order, write the word "YES" in the box. 2. To vote against the continuation of the Order, write the word "NO" in the box. 3. If you are entitled to more than one vote your marking of "YES" or "NO" on the ballot paper will be treated by the returning officer as voting "YES" or "NO" the number of times that you are entitled to cast a vote. 4. After marking your ballot paper, insert the ballot-paper in the envelope marked "Ballot-Paper Envelope" and sign the envelope in the place provided. 5. Then enclose the Ballot-Paper Envelope in the reply-paid return addressed envelope and post or deliver the return envelope to reach the returning officer not later than 4 p.m. on the day of (insert the date of close of the poll). ═══════════════ Sch. 2 -- 10 of 11 -- S.R. No. 114/2001 Agricultural Industry Development (Polls) Regulations 2001 10 ENDNOTES 1 Reg. 4: S.R. No. 247/1991. Endnotes -- 11 of 11 --