STATUTORY RULES.

1936. No. 19.

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REGULATIONS UNDER THE DAIRY PRODUCE EXPORT CONTROL ACT 1924‑1935.*

I, THE GOVERNOR‑GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Dairy Produce Export Control Act 1924‑1935.

Dated this Fourteenth day of February, 1936

(SGD.) GOWRIE

Governor‑General.

By His Excellency’s Command,

Minister of State for Commerce.

DAIRY PRODUCE EXPORT CONTROL (ELECTION OF BOARD) REGULATIONS.

Part I.—Preliminary.

Citation.

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

Repeal.

2. The Dairy Produce Export Control (Election of Board) Regulations (being Statutory Rules 1925, No. 23, as amended by Statutory Rules 1925, Nos. 28, 40 and 43; 1927 No. 19; and 1929 No. 23) are hereby repealed.

Parts.

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

Part I.—Preliminary.

Part II.—Enrolment of voters.

Part III.—Nominations.

Part IV.—Voting.

Part V.—Scrutiny.

Part VI.—Disputed elections.

Part VII.—Miscellaneous.

Interpretation.

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

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

“Deputy Returning Officer” means a Deputy Returning Officer appointed under regulation 5;

“election” means an election of one or more representatives in pursuance of paragraph (b), (c), (d), (e) or (f) of sub‑section (2.) of section 4 of the Act, as the case may be;

“member” means a member of the Board;

“poll” means a poll taken in pursuance of regulation 20;

“Returning Officer” means the Returning Officer referred to in regulation 5;

* Notified in the Commonwealth Gazette on , 1936.

192.—20/4.2.1936.

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

“the Act” means the Dairy Produce Export Control Act 1924‑1935;

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

“voter” means a person whose name has been placed on a roll.

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

Returning Officer and Deputy Returning Officers.

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

(2.) The Returning Officer may appoint Deputy Returning Officers, who may, subject to the control of the Returning Officer, exercise all the powers of the Returning Officer.

Elections.

6. Elections shall be held whenever the Minister so directs by notice published in the Gazette.

Part II.—Enrolment Of Voters.

Preparation of rolls.

7. The Returning Officer shall prepare, or cause to be prepared, in respect of each election, a roll of persons who are entitled to vote at that election.

Roll for election under s. 4 (2.) (b) of Act.

8. In the case of an election of the representative to be elected by the Federal Council of the Australian Dairy Factory Managers and Secretaries’ Association in pursuance of paragraph (b) of sub‑section (2.) of section 4 of the Act, the Secretary of that Council shall, on or before a date fixed by the Minister and notified to him in writing, lodge with the Returning Officer a list of the names and addresses of the members of that Council, certified under his hand, and that list shall be deemed to be the roll for that election.

Elections under s. 4 (2.) (d) of Act.

9. In the case of an election of a representative in pursuance of paragraph (d) of sub‑section (2.) of section 4 of the Act to represent co‑operative butter and cheese factories, all producers who, during the year ended on the thirtieth day of June last preceding the election, supplied milk or cream to any co‑operative butter or cheese factory in the State in respect of which any representative is to be elected shall be entitled to vote at the election of that representative.

Claims for enrolment.

10.—(1.) A person shall not be entitled to have his name placed on a roll in respect of an election under paragraph (c), (d), (e) or (f) of sub‑section (2.) of section 4 of the Act unless he lodges with the Returning Officer, or a Deputy Returning Officer, on or before the date, or later date (if any), fixed in pursuance of the next succeeding sub‑regulation, a claim for enrolment—

(a) in the case of the owner of a butter factory or cheese factory —in accordance with Form A; and

(b) in the case of a producer—in accordance with Form B,

completed and attested in accordance with the directions set out in the claim for enrolment:

Provided that, in the case of the first election of any representative under paragraph (e) or paragraph (f) of sub‑section (2.) of section

4 of the Act, Form B may be modified, in such manner as the Returning Officer thinks fit, for the purpose of omitting references in that Form to the election of a representative under paragraph (d) of that sub‑section.

(2.) The Minister shall fix a date on or before which claims for enrolment shall be lodged with the Returning Officer or a Deputy Returning Officer, 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 claims for enrolment shall be lodged with the Returning Officer or a Deputy Returning Officer, and that later date shall be substituted for the date originally fixed.

(3.) The Minister shall notify in the Gazette—

(a) the address, or addresses, at which claims for enrolment shall be lodged; and

(b) the date, and the later date (if any), fixed in pursuance of the last preceding sub‑regulation.

(4.) Where any claim for enrolment is posted to the Returning Officer or a Deputy Returning Officer, but the postage thereon is wholly unpaid or insufficiently pre‑paid, the Returning Officer or Deputy Returning Officer shall refuse to accept that claim for enrolment, and that claim for enrolment shall be deemed not to have been lodged with the Returning Officer or Deputy Returning Officer within the meaning of this regulation.

Particulars to be included in rolls for purposes of election under s. 4 (2.) (c) of Act.

11. There shall be included in any roll in respect of an election, under paragraph (c) of sub‑section (2.) of section 4 of the Act, of representatives of owners; of proprietary butter and cheese factories and privately‑owned butter and cheese factories a statement showing the total quantity of butter and the total quantity of cheese manufactured during the year ended the thirtieth day of June last preceding the date of the election, by each factory owned by a person whose name appears on the roll.

Roll to be used at election.

12. Each roll shall be certified by the Returning Officer or a Deputy Returning Officer, by writing under his hand, to be correct, and shall thereupon be conclusive evidence of the right of the persons named therein to vote at the election, and, in the case of a roll to which the last preceding regulation applies, of the statements included therein.

Persons entitled to vote.

13. A person shall not be entitled to vote at an election unless his name appears on the roll prepared in respect of that election.

Part III.—Nominations.

Candidates must be nominated.

14. A person shall not be capable of being elected as a member of the Board unless that person has been duly nominated.

Mode of nomination.

15.—(1.) A nomination for the election of a member under paragraph (b) or (c) of sub‑section (2.) of section 4 of the Act shall be in accordance with Form C or D, respectively, and shall be signed—

(a) in the case of an election under paragraph (b)—by at least two persons entitled to vote at the election, and

(b) in the case of an election under paragraph (c)—by at least three persons entitled to vote at the election.

(2.) A nomination for the election of a member under paragraph (d) of subjection (2.) of section 4 of the Act shall be in accordance

with Form E, and shall be signed by at least three persons, each of whom shall be Chairman of the Board of Directors of a co‑operative butter or cheese factory or a person appointed by the Chairman or by the Directors to act in that behalf. If any nomination is signed by a person so appointed, satisfactory evidence of his appointment shall be forwarded with the nomination.

(3.) A nomination for the election of a member under paragraph (e) or (f) of sub‑section (2.) of section 4 of the Act shall be in accordance with Form F and shall be signed by at least ten persons entitled to vote at the election.

Requisites for nomination.

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

(a) the person nominated consents to act, if elected; and

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

(2.) The Minister shall fix a date on or before which nominations shall be lodged, and, if, at any time after fixing that date, 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, or Deputy Returning Officer, as the case may be, with whom the nominations are to be lodged.

Form of consent to act.

17. The consent of the person nominated to act, if elected, shall be sufficient if he signs the form of consent at the foot of the nomination paper, but the Returning Officer or Deputy Returning Officer may accept any other form of consent whether accompanying the nomination paper or not, that he deems satisfactory, and that acceptance shall be final.

Declaration of nominations.

18. 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 nominate.

19. Any 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 or a Deputy Returning Officer with whom his nomination was lodged a notice of withdrawal bearing his personal signature and witnessed by a Justice of the Peace.

Proceedings on nomination day

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

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

Part IV.—Voting.

Voting to be by post.

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

Number of votes.

22.—(1.) Subject to the next succeeding sub‑regulation, each voter shall be entitled to one vote only in respect of any election.

(2.) In the case of an election, in pursuance of paragraph (c) of sub‑section (2.) of section 4 of the Act, of representatives of owners of proprietary butter and cheese factories and privately owned butter and cheese factories, each voter shall be entitled, at that election, to a number of votes determined in the following manner:—

(a) Where the factory or factories owned by the voter manufactured, during the year ended the thirtieth day of June last preceding the date of the election—

(i) 20 tons of butter—one vote;

(ii) exceeding 20 tons of butter but not exceeding 100 tons—two votes; and

(iii) exceeding 100 tons of butter—one vote (in addition to the votes provided for by sub‑paragraph (ii) of this paragraph) for every 100 tons or portion thereof exceeding 100 tons.

(b) Where the factory or factories owned by the voter manufactured, during the year ended the thirtieth day of June last preceding the date of the election—

(i) 10 tons of cheese—one vote;

(ii) exceeding 10 tons of cheese but not exceeding 100 tons—two votes; and

(iii) exceeding 100 tons of cheese—one vote (in addition to the votes provided for by sub‑paragraph (ii) of this paragraph) for every 100 tons or portion thereof exceeding 100 tons.

(c) Where a voter owns a factory or factories which manufactured, during the year referred to in paragraphs (a) and (b) of this sub‑regulation both butter and cheese, the number of votes shall be the aggregate of the votes in respect of butter so manufactured and cheese so manufactured.

Date of close of poll.

23.—(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 as the date on which the poll shall close, and that later date shall be substituted for the day originally fixed.

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

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

Voting papers and form of declaration.

24.—(1.) As soon as practicable after the date for the close of the poll has been fixed, the Returning Officer, or a Deputy Returning Officer, shall initial and transmit by post to each voter, at the postal address of the voter set out in his claim for enrolment, or, in the case of an election under paragraph (b) of sub‑section (2.) of section 4 of the Act, in the list supplied in pursuance of regulation 8, a ballot‑paper, or, if a voter appears by the roll to be entitled to more votes than one, so many ballot‑papers as are equal to the number of votes to which that voter appears to be entitled, together with an envelope having printed thereon a form of declaration in accordance with Form G. Form H or Form I, as the case requires.

(2.) A ballot‑paper shall be in accordance with Form J.

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

Particulars to be inserted in voting‑papers and declarations.

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

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

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

Voter to make declaration.

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

Manner of voting.

27. Each voter shall record his vote in accordance with the directions set out on the ballot‑paper, and shall send the envelope containing the ballot‑paper, by post or otherwise, to the Returning Officer or Deputy Returning Officer to whom the envelope is addressed.

Ballot‑papers not received or lost or destroyed.

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

Part V.—Scrutiny.

Ballot‑papers to be kept in ballot‑box under scrutiny.

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

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

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

(2.) Where the envelope containing any ballot‑paper is posted to the Returning Officer or a Deputy Returning Officer, but the postage thereon is wholly unpaid or unsufficiently prepaid, the Returning Officer or Deputy 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 the Returning Officer or the Deputy Returning Officer within the meaning of this regulation.

Ballot‑papers received after close of election.

30. A ballot‑paper received by the Returning Officer or a Deputy 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.

Scrutineers at the scrutiny.

31. Each candidate may, by notice in writing, signed by the candidate, or by telegram addressed to the Returning Officer or a Deputy 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.

32. The Returning Officer, and any Deputy Returning Officer directed in that behalf by 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 for any election—

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

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

(c) place the envelopes containing the disallowed ballot‑papers in a parcel, seal the parcel, endorse it “Australian Dairy Produce Board Election—Election of representative of [here insert appropriate description of persons or body to be represented]—Votes rejected at Preliminary Scrutiny” and add his signature and the date;

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

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

(f) place the envelopes in a parcel, seal the parcel and endorse it “Australian Dairy Produce Board Election—Election of representative of [here insert appropriate description of persons or body to be represented]—Envelopes from which Ballot‑papers have been withdrawn and add his signature and the date.

Further scrutiny.

33. The Returning Officer or a Deputy Returning Officer shall open each ballot‑box referred to in paragraph (e) of the last preceding regulation, and a further scrutiny shall be conducted in accordance with regulation 34 or regulation 35, as the case may be.

Counting of votes for co‑operative factories in New South Wales, Victoria, and Queensland, and for proprietary and privately‑owned factories.

34.—(1.) In the case of a poll for the election of representatives of co‑operative butter and cheese factories in each of the States of New South Wales, Victoria and Queensland, and of representatives to be elected by the owners of proprietary butter and cheese factories and privately‑owned butter and cheese factories, the scrutiny shall be conducted in accordance with the succeeding sub‑regulations of this regulation.

(2.) The Returning Officer, or such Deputy Returning Officer as the Returning Officer appoints in that behalf, shall, in the presence of any persons approved by the Returning Officer or the Deputy Returning Officer, and of such scrutineers appointed in pursuance of regulation 31 as attend, count the first preference votes given for each candidate on all ballot‑papers not rejected as informal.

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

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

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

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

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

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

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

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

(b) If a candidate then has an absolute majority of votes he shall be elected, but if no candidate then has an absolute majority of votes, the scrutiny shall proceed as provided in sub‑paragraphs (i) and (ii) of paragraph (b) of the last preceding sub‑regulation until one candidate has received an absolute majority of votes: Provided that, in the application of sub‑paragraph (i) of that paragraph, any reference to first preference votes shall be read as a reference to all the votes counted to a candidate in pursuance of this sub‑regulation.

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

decide which shall be excluded. If, on the final count for filling any vacancy, two candidates have an equal number of votes, the Returning Officer shall decide which shall be elected.

(6.)—In this regulation—

“absolute majority” means a number greater than one‑half of the whole number of ballot‑papers other than informal ballot‑papers;

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

Counting of votes for Federal Council; Co‑operative factories in South Australia, Western Australia and Tasmania, and for the producers’ representatives.

35.—(1.) In the case of a poll for an election other than an election to which the last preceding regulation applies, the scrutiny shall be conducted in accordance with the succeeding sub‑regulations of this regulation.

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

(4.) If no candidate has received an absolute majority of first preference votes, the Returning Officer or the Deputy Returning Officer, as the case may be, 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 decide which shall be elected.

(6.) In this regulation—

“absolute majority” means a number greater than one‑half of the whole number of ballot‑papers other than informal ballot‑papers;

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

Declaration of election.

36.—(1.) The Returning Officer shall make out a statement showing the result of the election and the names of the candidates elected and shall publish notice of the result in the Gazette.

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

Recount of votes.

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

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

Powers of Returning Officer conducting recount.

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

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

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

Informal voting papers.

39. A ballot‑paper shall be informal if—

(a) it is not initialled by the Returning Officer or a Deputy 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.

40. The Returning Officer or a Deputy Returning Officer shall place in separate parcels—

(a) all the ballot‑papers received by the Returning Officer or a Deputy Returning Officer which have been rejected as informal;

(b) all the unrejected ballot‑papers received by the Returning Officer or a Deputy Returning Officer; and

and shall endorse on each parcel a description of the contents there of, add his signature and the date, and retain the parcels until the authority of the Returning Officer has been obtained for the destruction of the contents thereof.

Destruction of papers.

41. At the expiration of six months from the date of publication of the result of the election, the Returning Officer shall cause the ballot‑papers and the voters’ declarations to be destroyed..

(d) to examine witnesses on oath;

(e) to declare that any person who was returned as elected was not duly elected;

(f) to declare any candidate duly elected who was not returned as elected;

(g) to declare any election absolutely void;

(h) to dismiss or uphold the petition in whole or in part; and

(i) to award costs against any party to the petition.

(2.) The Court may exercise all or any of its powers under this regulation on such grounds as the Court in its discretion thinks just and sufficient.

(3.) Without limiting the powers conferred by this regulation, the power of the Court to declare that any person who was returned as elected was not duly elected, or to declare an election absolutely void, may be exercised on the ground that illegal practices were committed in connexion with the election.

Inquiries by Court.

50. The High Court shall, on the hearing of a petition, inquire whether or not the petition is duly signed, and so far as rolls and voting are concerned, may inquire into the identity of persons, and whether their votes were improperly admitted or rejected, assuming the roll to be correct, but the Court shall not inquire into the correctness of any roll.

Technicalities to be disregarded.

51. The High Court shall, on the hearing of a petition, be guided by the substantial merits and good conscience of each case without regard to legal forms or technicalities, or whether the evidence before it is in accordance with the law of evidence or not.

Evidence that person not permitted to vote.

52. On the hearing of any petition, the High Court shall not admit the evidence of any voter that he was not permitted to vote in any election unless the witness satisfies the Court—

(a) that he claimed to vote, in the election, pursuant to these Regulations; and

(b) that he complied with the requirements of these Regulations relating to voting in so far as he was permitted so to do.

Decisions to be final.

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

Counsel of Solicitor.

54.—(1.) A party to the petition shall not, except by consent of all parties, or by leave of the Court, be represented by counsel or solicitor.

(2.) In no case shall more than one counsel or one solicitor appear on behalf of any party.

Deposit applicable for costs.

55. If costs are awarded to any party against the petitioner, the deposit referred to in regulation 46 shall be applicable in payment, or part payment, of the sum ordered, but otherwise the deposit shall be repaid to the petitioner.

Award of costs to have effect of a judgment.

56. All costs awarded by the High Court, including any balance above the deposit payable by the petitioner, shall be recoverable as if the order of the Court were a judgment of the Court and payment may be enforced accordingly.

Effect of decision.

57. Effect shall be given to any decision of the Court as follows:—

(a) If any person returned as elected is declared not to have been duly elected, he shall cease to be a member of the Board.

(b) If any person not returned as elected is declared to have been duly elected, he shall become a member of the Board.

Procedure on petition.

58. The procedure in relation to a petition shall, subject to these Regulations, be as prescribed by Rules of Court, or, in default of Rules of Court, as directed by the High Court or a Justice there of.

Part VII.—Miscellaneous.

Ministerial errors not to vitiate poll or election.

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

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

Failure of election.

60.—(1.) Whenever an election wholly or partially fails a new election shall be held.

(2.) An election shall be deemed to have wholly failed if no person is nominated or no candidate is returned as elected.

(3.) An election shall be deemed to have partially failed if one candidate is returned as elected, but not the full number required to be elected.

Misfeasance.

61. Every person acting as Returning Officer or Deputy Returning Officer at the election, who is guilty of any wilful misfeasance or wilful or negligent act of commission or omission contrary to any of the provisions of these Regulations, shall be guilty of an offence.

Penalty: Fifty pounds.

Untrue statements in declarations, &c.

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

Penalty: Fifty pounds.

Duty of witness.

63. A person shall not witness the signature of any person to any claim for enrolment or declaration under these Regulations unless—

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

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

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

Penalty: Fifty pounds.

Making marks on voting papers.

64. Except where expressly authorized by these Regulations, a person (other than the voter to whom a ballot‑paper has been issued) shall not make any mark or writing on that ballot‑paper.

Penalty: Twenty pounds.

Offences in connexion with polling.

65. A person shall not—

(a) falsely impersonate any person to secure a ballot‑paper to which the personator is not entitled;

(b) personate any other person for the purpose of voting at an election;

(d) except where authorized by these Regulations, vote more than once at an election.

Penalty: Fifty pounds.

Forms.

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

THE SCHEDULE.

Regulation 10. Form A.

Commonwealth of Australia.

Dairy Produce Export Control (Election of Board) Regulations.

CLAIM FOR ENROLMENT BY OWNER OF A BUTTER OR CHEESE FACTORY.

Directions.—This claim must be completely filled in by the owner and signed by him in the presence of an elector, or person qualified to be an elector, of the Commonwealth, who must sign the claim as witness. The claim must be lodged with the Returning Officer or a Deputy Returning Officer on or before the , 19 , otherwise the owner will not be entitled to vote at the election.

If this claim for enrolment is sent to the Returning Officer or a Deputy Returning Officer by post the postage thereon must be fully prepaid, otherwise the Returning Officer or Deputy Returning Officer will refuse to accept the claim for enrolment.

To the Returning Officer or Deputy Returning Officer—

I, (a).................. claim to have my name placed on the roll of owners of (b)… ……………………………butter and cheese factories and I declare:—

(1) That I am the owner, within the meaning of the Dairy Produce Export Control Act 1924‑1935,* of the following (b) butter and cheese factories in the State of (c)………………and that the total amounts of butter and cheese manufactured by each

(a) Insert full name (in block letters) of “owner”, e.g., Chairman of the Board of Directors, or person appointed by the Chairman or by the Directors to act as Chairman; or partner of the firm owning the factories; or sole owner.

(b) Insert whether proprietary or privately‑owned.

(d) State whether Chairman of Board of Directors, or person appointed by the Chairman or by the Directors to act in that behalf, or a partner of firm who are the owners, or sole owner.

such factory during the period of 12 months ended 30th June, 19 were as specified in columns 3 and 4 of the Table hereunder respectively.

(2) That I am (d).......... of the factories referred to below.

(3) That the statements made in this claim are true and correct in every particular.

Table.

Name of each Factory.	Address of each Factory.	Quantity manufactured during year ended 30th June, 19……
Name of each Factory.	Address of each Factory.	Butter (tons).	Cheese (tons).
1.	2.	3.	4.
		tons	tons

The address to which ballot‑papers are to be forwarded is..............

Dated the........day of………………………………………19 .

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

(Signature of Claimant in his own handwriting).

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

(Signature of witness in his own handwriting, and address of witness)†

Date..................19............

————

*“Owner”, in relation to any election under the Dairy Produce Export Control Act 1924‑1935 means—

(i) in the case of a proprietary butter or cheese factory—the Chairman of the Board of directors of that butter and cheese factory; or a person appointed by the Chairman or by the Directors to act in that behalf; and

(ii) in the case of a privately‑owned butter or cheese factory owned by a firm—any one partner of the firm appointed by the firm to act in that behalf.

† The witness must be an elector or a person qualified to be an elector of the Commonwealth.

Note.—The Dairy Produce Export Control Act 1924‑1935 provides that the Australian Dairy Produce Board, constituted under that Act, shall include two representatives elected by the owners of proprietary butter and cheese factories and privately‑owned butter and cheese factories.

Regulations 62 and 63 of the Dairy Produce Export Control (Election of Board) Regulations read as follows:—

“62. A person shall not make any untrue statement in any declaration, or in answer to any question under these Regulations, or in any information supplied to the Returning Officer or Deputy Returning Officer for the purpose of obtaining a ballot‑paper or a further ballot‑paper. Penalty: Fifty pounds.”

“63. A person shall not witness the signature of any person to any claim for enrolment or declaration under these Regulations unless—

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

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

Penalty: Fifty pounds”.

Regulation 10. Form B.

Commonwealth of Australia.

Dairy Produce Export Control (Election of Board) Regulations.

CLAIM FOR ENROLMENT BY PRODUCER.

Directions.—This claim contains two sections. Every producer should complete and sign the first section (in the presence of a witness), and each producer who during the year ended 30th June, 19 . , supplied milk or cream to any co‑operative butter or cheese factory should also complete and sign the second” section (in the presence of a witness). The claim must be lodged with the Returning Officer or Deputy Returning Officer on or before the day of…..................19......... otherwise the producer will not be entitled to vote at the election.

If this claim for enrolment is sent to the Returning Officer or Deputy Returning Officer by post the postage thereon must be fully prepaid, otherwise the Returning Officer or Deputy Returning Officer will refuse to accept the claim for enrolment.

To the Returning Officer or Deputy Returning Officer—

Surname of producer........................................

(In block letters.)

Christian names of producer...................................

(In block letters.)

Full postal address..........................................

Section 1: Election of Producers’ Representative.

I, the above‑named producer, hereby claim to have my name placed on the roll of producers in the State of............to enable me to vote at the election of a representative of the producers on the Australian Dairy Produce Board, and I declare—

(a) that I am carrying on business as a supplier of milk or cream to one or more factories manufacturing butter or cheese or both ;

(b) that the milk or cream was produced on my farm situated at…………………in the State of……………………

Dated this...........day of………………19…

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

(Signature of producer in his own handwriting).

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

(Signature of witness in his own handwriting, and address of witness.)†

Date.......................19..

Section 2: Election of Representatives of Co‑operative Factories.

I, the above‑named producer, hereby claim to have my name placed on the roll of producers in the State of…………………… to enable me to vote at the election of one representative, or two representatives, as the case may be of co‑operative butter and cheese factories in that State on the Australian Dairy Produce Board, and I declare—

(a) that during the period of twelve months ended 30th June, 19.. I supplied milk or cream to the following co‑operative butter and cheese factories:—

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

(b) that the milk or cream was produced on my farm situated at ………………………in the State of………………………

Dated this..................day of…………………19……

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

(Signature of producer in his own handwriting.)

………………………………………………………

……………………………………………….

(Signature of witness in his own handwriting, and address of witness.)†

Date..........................19………

† The witness must be an elector or a person qualified to be an elector of the Commonwealth.

Regulations 62 and 63 of the Dairy Produce Export Control (Election of Board) Regulations read as follows:—

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

Penalty; Fifty pounds.

“63. A person shall not witness the signature of any person to any claim for enrolment or declaration under these Regulations unless—

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

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

Regulation 15. Form C.

Commonwealth of Australia.

Dairy Produce Export Control (Election of Board) Regulations.

NOMINATION FOR ELECTION OF ONE REPRESENTATIVE OF THE FEDERAL COUNCIL OF THE AUSTRALIAN DAIRY FACTORY MANAGERS AND SECRETARIES’ ASSOCIATION.

A nomination will not be valid unless received by the Returning Officer on or before the………………19……

To the Returning Officer,

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

We, the undersigned, being members of the Council of the Australian Dairy Factory Managers and Secretaries Association entitled to vote at the election of the representative of that Council on the Australian Dairy Produce Board, hereby nominate the following person as a candidate for that election:—

Christian name or names in full.................

(In block letters.)

Surname .................................

(In block letters.)

Place of residence..........Occupation………………

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

I,............., of……………………………, consent to act, if elected.

Dated this......day of……………………19 ……

Signature of candidate........

Signature of witness..........

Address of witness...........

Date.................19……

N.B.—The candidate’s consent to act, if elected, may be on a separate paper and in any form, but if given on the nomination paper in the above form its sufficiency will not be questioned.

A nomination must be signed by not less than two members of the Council entitled to vote at the election for which the candidate is nominated.

Regulation 15. Form d

Commonwealth of Australia.

Dairy Produce Export Control (Election of Board) Regulations.

NOMINATION FOR ELECTION OF REPRESENTATIVES OF PROPRIETARY AND PRIVATELY‑OWNED BUTTER AND CHEESE FACTORIES.

A nomination will not be valid unless received by the Returning Officer or Deputy Returning Officer (as the case may be) on or before …………………… the 19………

To the Returning Officer or Deputy Returning Officer.

We, the undersigned, being *owners of proprietary or privately‑owned butter and cheese factories entitled to vote at the election of two representatives of those factories on the Australian Dairy Produce Board, hereby nominate the following person as a candidate for that election:—

Christian name or names in full..................

(In block letters.)

Surname ..................................

(In block letters.)

Place of residence..........Occupation………………

Signature of Nominator.

Place of Residence.

Fall name and address of butter and cheese factory of which nominator is the owner and state whether factory is proprietary or privately‑owned.

Date of signature.

Witness to signature.

I, ............................, of....................., consent to act if elected.

Signature of candidate..............

Signature of witness...............

Address of witness..................

Date............19.........

Note.—The candidate’s consent to the nomination may be made in a separate paper and in any form, but if given on the nomination paper in the above form its sufficiency will not be questioned.

A nomination must be signed by not less than three owners of proprietary or privately‑owned butter and cheese factories entitled to vote at the election for which the candidate is nominated.

An owner is not entitled to vote at the election unless his name appears on the roll pursuant to a claim made for enrolment and received by the Returning Officer or the Deputy Returning Officer (as the case may be) on or before 19….

*“Owner” is defined by the Dairy Produce Export Control Act 1924‑1935 as follows:—

“Owner”, in relation to any election under this Act means—

(i) in the case of a proprietary butter or cheese factory—the Chairman of the Board of Directors of that butter or cheese factory; or a person appointed by the Chairman or by the Directors to act in that behalf; and

(ii) in the case of a privately‑owned butter or cheese factory owned by a firm—any one partner of the firm appointed by the firm to act in that behalf.

Regulation 15. Form E.

Commonwealth of Australia.

Dairy Produce Export Control (Election of Board) Regulations.

NOMINATION FOR ELECTION OF REPRESENTATIVE OF CO‑OPERATIVE BUTTER AND CHEESE FACTORIES.

A nomination will not be valid unless received by the Returning Officer or Deputy Returning Officer (as the case may be) on or before the 19…………

To the Returning Officer or Deputy Returning Officer:—

We, the undersigned, hereby nominate the following person as a representative of co‑operative butter and cheese factories on the Australian Dairy Produce Board for the State of :—

Christian name or names in full........................

(In block letters.)

Surname ........................................

(In block letters.)

Place of residence ............. Occupation ………………

And each of us here by declares—

(a) that he is a person authorized under regulation 15 of the above‑mentioned regulations to sign this nomination, and

(b) that during the period of twelve months ended 30th June, 19 , the factory or factories specified opposite his signature in the third column of the table hereunder manufactured not less than 20 tons of butter or 10 tons of cheese.

Signature of Nominator.	Place of Residence.	Full name and address of co‑operative butter or cheese factory of which nominator is the Chairman of Directors or appointee.	Date of signature.	Witness to signature.
1.
2.
3.

I,...............................of……………………………, consent to act if elected.

Signature of candidate..............

Signature of witness...............

Address of witness................

Date.....................19....…

Note.—The candidate’s consent to the nomination may be on a separate paper and in any form, but if given on the nomination paper in the above form its sufficiency will not be questioned.

*Sub‑regulation (2.) of regulation 15 reads as follows:—

“(2.) A nomination for the election of a member under paragraph (d) of sub‑section (2.) of section 4 of the Act shall be in accordance with Form E, and shall be signed by at least three persons, each of whom shall be the Chairman of the Board of Directors of a co‑operative butter or cheese factory or a person appointed by the Chairman or by the Directors to act in that behalf, if any nomination is signed by a person so appointed, satisfactory evidence of his appointment shall be forwarded with the nomination.”

Regulation 15. Form F.

COMMONWEALTH OF AUSTRALIA.

Dairy Produce Export Control (Election of Board) Regulations.

“NOMINATION FOR ELECTION OF ONE PRODUCERS’ REPRESENTATIVE ON THE AUSTRALIAN DAIRY PRODUCE BOARD.

A nomination will not be valid unless received by the Returning Officer or Deputy Returning Officer (as the case may be) on or before the......

19........

To the Returning Officer or the Deputy Returning Officer—

We, the undersigned, being persons carrying on business as suppliers of milk or cream to a factory manufacturing butter or cheese or both and entitled to vote at the election of a representative of the producers on the Australian Dairy Produce Board, hereby nominate the following person as a representative on the Board for the State of (or States of) :—

Christian name or names in full........................

(In block letters.)

Surname ........................................

(In block letters.)

Place of residence...............Occupation………………

Signature of Nominator.	Place of Residence.	Date of signature.	Witness to signature.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

I,...............................,of…………………………, consent to act if elected.

Dated this ........................day of……………19...

Signature of candidate..............

Signature of witness...............

Address of witness................

Date....................19………

Note.—The candidate’s consent to the nomination may be on a separate paper and in any form, but if given on the nomination paper in the above form its sufficiency will not be questioned.

A nomination must be signed by not less than ten producers entitled to vote at the election for which the candidate is nominated.

A producer is only entitled to vote at the election if his name has been placed on the roll pursuant to a claim made for enrolment and received by the Returning Officer or Deputy Returning Officer (as the case may be) on or before……………19 ……

* One representative is to be elected by producers in each of the States of New South Wales, Victoria and Queensland, and one representative by producers in the States of South Australia, Western Australia and Tasmania combined.

Regulation 24. Form G.

Commonwealth of Australia.

Dairy Produce Export Control (Election of Board) Regulations.

Election of One Representative by Members of the Federal Council of the Australian Dairy Factory Managers and Secretaries’ Association.

DECLARATION TO BE MADE BY VOTER.

I...............,of………………, declare that 1 am a member of the Federal Council of the Australian Dairy Factory Managers and Secretaries’ Association and that I am entitled to vote at the election of a representative of that Council the poll for which closes on…………19…

under the provisions of the Dairy Produce Export Control Act 1924‑1935, and I also declare that I have not previously voted in connexion with the said election.

Personal signature of voter..........

Signed before me the...........day of

...........19…...

Signature of witness...............

Address of witness................

Note.—Regulations 62 and 63 of the Dairy Produce Export Control (Election of Board) Regulations read as follows:—

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

Penalty: Fifty pounds.

“63. A person shall not witness the signature of any person to any claim for enrolment or declaration under these Regulations unless—

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

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

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

Penalty: Fifty pounds.”.

Regulation 24. Form H.

Commonwealth of Australia.

Dairy Produce Export Control (Election of Board) Regulations.

Election of Two Representatives of Proprietary and Privately‑owned Butter and Cheese Factories.

DECLARATION TO BE MADE BY VOTER.

I, ..............., of ……………, declare that I am the owner of a proprietary or privately‑owned butter and cheese factory and that I am entitled to…………votes at the election of two representatives of proprietary and privately‑owned butter and cheese factories the poll for which closes on…………19….under the provisions of the Dairy Produce Export Control Act 1924‑1935, and I also declare that I have not previously voted in connexion with the said election.

Personal signature of voter..........

Signed before me the..........day of

...........19...

Signature of witness...............

Address of witness................

Note.—Regulations 62 and 63 of the Dairy Produce Export Control (Election of Board) Regulations read as follows:—

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

Penalty: Fifty pounds.

“63. A person shall not witness the signature of any person to any claim for enrolment or declaration under these Regulations unless—

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

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

Penalty: Fifty pounds.

Regulation 24. Form I.

Commonwealth of Australia.

Dairy Produce Export Control (Election of Board) Regulations.

Election of Representatives of Co‑operative Butter and Cheese Factories and of Representatives of Producers.

DECLARATION TO BE MADE BY VOTER.

I, ............, of ...................., declare that I am entitled to vote at the election the poll for which closes on…………………19… under the provisions of the Dairy Produce Export Control Act 1924‑1935 in respect of—

(a) the election of one representative of producers of the State (or States) of........

*Strike out paragraph (b) if inapplicable,

* (b) the election of one representative (or two representatives) of co‑operative butter and cheese factories in the State of………………………

and I also declare that I have not previously voted in connexion with the said election or elections.

Personal signature of voter..........

Signed before me the..........day of

.........19…………

Signature of witness...........

Address of witness............

Note.—Regulations 62 and 63 of the Dairy Produce Export Control (Election of Board) Regulations read as follows:—

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

Penalty: Fifty pounds.

“63. A person shall not witness the signature of any person to any claim for enrolment or declaration under these Regulations unless—

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

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

Penalty: Fifty pounds.”

Regulation 27. Form J.

COMMONWEALTH OF AUSTRALIA.

Dairy Produce Export Control (Election of Board) Regulations.

BALLOT‑PAPER.

Election of [here insert “one representative of the Federal Council of the Australian Dairy Factory Managers and Secretaries’ Association” or “two representatives of proprietary and privately‑owned butter and cheese factories” or “two representatives of co‑operative butter and cheese factories for the State of..................” or “one representative of co‑operative butter and cheese factories for the State of................” or “one representative of producers for the State of................” or “one representative of producers for the States of................”, as the case may be] on the Australian Dairy Produce Board.

Directions to Voter.—The voter must mark his vote on this ballot‑paper by placing the number 1 in the square opposite the name of the candidate for whom he votes as his first preference and must place the numbers 2, 3, 4 (and so on as the case requires) in the squares opposite the names of all the remaining candidates so as to indicate the order of his preference for them.

Candidates.

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

Further Directions to Voter.

After marking his vote, the voter must fold the ballot‑paper and place it in the envelope bearing his declaration (duly signed and witnessed), securely fasten the envelope, and forthwith send the envelope, by prepaid post or otherwise, to the Returning Officer or Deputy Returning Officer (as the case may be) to whom the envelope is addressed.

Note.—If this ballot‑paper is sent to the Returning Officer or Deputy Returning Officer by post, the postage thereon must be fully prepaid, otherwise the voting paper will not be accepted by the Returning Officer or Deputy Returning Officer.

Unless the vote is marked on this ballot‑paper and is received by the Returning Officer or Deputy Returning Officer at or before four o’clock in the afternoon of the day fixed for the close of the poll (namely the............... day of............19...), it will not be admitted to the scrutiny.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.