Federal Register of Legislation - Australian Government

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Act No. 56 of 1965 as made
An Act to provide for a Referendum for the purpose of ascertaining whether the Wool-growers of Australia approve a certain Plan for maintaining Reserve Prices for Australian Wool sold at auction.
Date of Assent 29 Sep 1965
Date of repeal 12 Jun 1981
Repealed by Statute Law Revision Act 1981

Wool Reserve Prices Plan Referendum

No. 56 of 1965

An Act to provide for a Referendum for the purpose of ascertaining whether the Wool-growers of Australia approve a certain Plan for maintaining Reserve Prices for Australian Wool sold at auction.

[Assented to 29 September, 1965]

Preamble.

WHEREAS a plan for maintaining reserve prices for Australian wool sold at auction has been formulated in consultation between the organization known as the Australian Wool Industry Conference and the Government of the Commonwealth:


 

And whereas legislation of the Parliament would be necessary for carrying the plan into effect:

And whereas it is desirable to ascertain, for the information of the Government and of the Parliament, whether the wool-growers of Australia approve the plan:

And whereas it is the intention of the Government to regard the plan as having been approved by the wool-growers of Australia if a majority of the wool-growers who vote at the referendum held under this Act approve the plan:

Be it therefore enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1.  This Act may be cited as the Wool Reserve Prices Plan Referendum Act 1965.

Commencement.

2.  This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3.—(1.)     In this Act, unless the contrary intention appears—

“the Australian Wool Industry Conference” means the organization having that name that is referred to in the Wool Industry Act 1962-1964;

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

“the Plan” means the plan for maintaining reserve prices for Australian wool sold at auction that has been formulated in consultation between the Australian Wool Industry Conference and the Government of the Commonwealth;

“trustee” includes an Official Receiver or Trustee in Bankruptcy;

“wool-grower” means a person who owns sheep that are kept by him wholly or partly for the purpose of the production of shorn wool.

(2.)  For the purposes of this Act—

(a) the Australian Capital Territory shall be deemed to be part of the State of New South Wales;

(b) the Northern Territory shall be deemed to be part of the State of South Australia;

(c) a corporation shall be deemed to be ordinarily resident in the State in which its principal office in Australia is situated; and


 

(d) a wool-grower (not being a corporation) who is ordinarily resident outside Australia shall be deemed to be ordinarily resident in the State in which he keeps sheep or, if he keeps sheep in two or more States, the State in which he keeps the greater or greatest number of sheep.

(3.)  A reference in this Act to the ownership of sheep shall be read as a reference to the legal ownership, except that where the legal ownership of sheep is vested in a mortgagee, the sheep shall be deemed to be owned by the person who would be the owner if the mortgage were discharged.

(4.)  For the purposes of this Act, other than a provision creating an offence—

(a) the Crown in right of the Commonwealth shall be deemed to be a person ordinarily resident in the Australian Capital Territory; and

(b) the Crown in right of a State shall be deemed to be a person ordinarily resident in that State.

Minister to provide particulars of Plan.

4.  For the purposes of this Act, the Minister shall deliver to the Chief Electoral Officer a document under his hand containing a statement of the Plan, being a statement prepared by the Minister and approved by the Executive Committee of the Australian Wool Industry Conference, and that statement shall, for the purposes of this Act, be taken to be a full and correct statement of the Plan.

Referendum.

5.—(1.)  A referendum in respect of the Plan shall be held in accordance with this Act.

(2.)  At the referendum, the Plan shall be submitted, in accordance with this Act and the regulations, to a poll of wool-growers enrolled on rolls for the several States prepared in accordance with this Act.

(3.)  Each ballot-paper sent or delivered to an enrolled person shall be accompanied by a statement of the Plan in the terms of the statement referred to in the last preceding section.

(4.)  Each ballot-paper at the referendum shall ask the voter to indicate whether he approves the Plan as set forth in the statement accompanying the ballot-paper.

(5.)  A person may vote at the referendum by post, in accordance with the regulations, or in any other manner permitted by the regulations.

(6.)  The poll at the referendum shall close at the prescribed time on the prescribed date and only votes received by a Deputy Returning Officer before that time shall be counted.

(7.)  Particulars of the voting at the referendum shall be published as prescribed.


Distribution of arguments for and against the Plan.

6.—(1.)     If, on or before the first day of October, One thousand nine hundred and sixty-five, there is received by the Minister either or both of the following:—

(a) an argument in favour of the Plan, consisting of not more than two thousand words, authorized by the Executive Committee of the Australian Wool Industry Conference;

(b) an argument against the Plan, consisting of not more than two thousand words, authorized by the organizations and companies specified in the next succeeding subsection, or by a majority of those organizations and companies,

the Minister shall cause a pamphlet to be printed containing the argument or arguments, and each ballot paper sent or delivered to an enrolled person shall be accompanied by a copy of the pamphlet.

(2.)  The organizations and companies referred to in the last preceding sub-section are the following:—

The Committee for the Retention and Improvement of the Free Wool Market;

The Graziers’ Association of New South Wales:

The Graziers’ Association of Victoria;

The Graziers’ Association of Riverina;

The Stockowners’ Association of South Australia;

The Pastoralists’ Association of West Darling;

Australian Mercantile, Land and Finance Company Limited;

Pitt Son and Badgery Limited; and

Winchcombe Carson Limited.

Entitlement to vote.

7.—(1.)  Subject to this section, a person is entitled to vote at the referendum if, at the time of voting, he is enrolled on the roll for a State prepared under this Act and is a wool-grower who—

(a) produced not less than ten bales of shorn wool during the year that ended on the thirtieth day of June, One thousand nine hundred and sixty-five; or

(b) has owned not less than three hundred sheep at all times from and including the sixteenth day of September, One thousand nine hundred and sixty-five.

(2.)  A person (other than the Crown, a corporation or the separate person who is to be deemed to be constituted by any personal representative or personal representatives or trustee or trustees) is not entitled to vote at the referendum unless he has attained the age of twenty-one years.

(3.)  A person is not entitled to vote more than once at the referendum.


 

(4.)  For the purposes of this section, a person voting in the capacity of personal representative or trustee shall be taken to be distinct from the same person voting in his own right or in another capacity of personal representative or trustee.

Returning Officer and Deputy Returning Officer.

8.—(1.)     The Chief Electoral Officer shall be the Returning Officer for the purposes of the referendum.

(2.)  The Returning Officer shall appoint a Deputy Returning Officer for each State.

Rolls of wool-growers.

9.—(1.)  The Secretary to the Department of Primary Industry shall, on the basis of information obtained by him from wool-brokers and wool-dealers and any other available information, prepare, in respect of each State, a roll containing the names and addresses of persons appearing to him to be persons who, during the year that ended on the thirtieth day of June, One thousand nine hundred and sixty-four, were ordinarily resident in the State and delivered to a wool-broker or wool-dealer not less than ten bales of shorn wool produced by them as wool-growers.

(2.)  The Secretary shall deliver the rolls prepared by him to the Returning Officer, and those rolls, as added to or altered in accordance with this Act and the regulations, shall be the rolls for the respective States for the purposes of the referendum.

Entitlement to apply for enrolment.

10.—(1.)   Subject to this section, a person who is not enrolled in accordance with the last preceding section is entitled to apply for enrolment on the roll for a State if he is ordinarily resident in the State and is a wool-grower who—

(a) produced, as a wool-grower, not less than ten bales of shorn wool during the year that ended on the thirtieth day of June, One thousand nine hundred and sixty-five; or

(b) has owned not less than three hundred sheep at all times from and including the sixteenth day of September, One thousand nine hundred and sixty-five.

(2.)  A person (other than the Crown, a corporation or the separate person who is to be deemed to be constituted by any personal representative or personal representatives or trustee or trustees) is not entitled to apply for enrolment unless he has attained the age of twenty-one years, or will attain that age on or before the date on which the poll closes.

(3.)  A person entitled to apply for enrolment on the roll for a State may, at any time before the poll closes, apply accordingly, in the prescribed manner, to the Deputy Returning Officer for the State and, if the Deputy Returning Officer is satisfied that the person is entitled to make the application and is not already enrolled, he shall enter his name and address on the roll.


 

Removal and transfer of names and correction of errors.

11.   A Deputy Returning Officer for a State may—

(a) remove from the roll for the State the enrolment of a person whom he is satisfied is not entitled to vote at the referendum or is ordinarily resident in another State;

(b) enrol on the roll for the State a person appearing to be entitled to vote and to be ordinarily resident in that State, being a person whose enrolment on the roll for another State is removed from that other roll; and

(c) make such corrections to names and addresses on the roll for the State as he is satisfied are necessary by reason of error or change of name or address.

Personal representatives and trustees.

12.—(1.)   For the purposes of this Act, the personal representative or personal representatives of a deceased person, in whom sheep are vested, shall be deemed—

(a) to be, in his or their capacity as personal representative or personal representatives, a separate person;

(b) to have produced or delivered any wool produced or delivered by the deceased person before his death, or by any predecessor in the office of personal representative; and

(c) to be ordinarily resident—

(i) in the State in which the deceased person ordinarily resided; or

(ii) if the deceased person ordinarily resided outside Australia, in the State in which the sheep are kept or, if the sheep are kept in two or more States, the State in which the greater or greatest number of sheep are kept.

(2.)  For the purposes of this Act, a trustee or trustees in whom any sheep are vested shall be deemed—

(a) to be, in his or their capacity as trustee or trustees, a separate person;

(b) to have produced or delivered any wool that was produced or delivered by any predecessor in the office of trustee or, where the sheep are part of the estate of a bankrupt, by the bankrupt; and

(c) to be ordinarily resident in the State in which the sheep are kept or, if the sheep are kept in two or more States, the State in which the greater or greatest number of sheep are kept.


Partnerships.

13.   For the purposes of this Act, sheep owned by a partnership, and wool produced or delivered by a partnership, shall be deemed to be owned, or to have been produced or delivered, as the case may be, by the partners individually in the proportions in which they are entitled to share in the profits of the partnership.

Transmission of ballot papers.

14.—(1.)   The Deputy Returning Officer for a State shall transmit by post or deliver to every person enrolled on the roll for that State a ballot-paper in accordance with the prescribed form.

(2.)  As far as practicable, ballot-papers shall be transmitted under this section at least thirty days before the date on which the poll closes.

Offences.

15.—(1.)   Where, on the twenty-first day before the date on which the poll closes, a person—

(a) is entitled to make a claim for enrolment under this Act;

(b) is not so enrolled; and

(c) has not duly applied for enrolment,

that person shall make a claim for enrolment, in accordance with this Act and the regulations, not later than seven days after that first-mentioned day.

Penalty: Five pounds.

(2.)  A person who has, within the seven days referred to in the last preceding sub-section, ceased to be entitled to apply for enrolment is not liable to prosecution under that sub-section.

(3.)  For the purposes of this section, if a person has received a ballot-paper for the referendum, it shall be conclusively presumed that he was enrolled at the time he received the ballot-paper.

(4.)  A person who—

(a) becomes, not less than seven days before the date on which the poll closes, entitled to vote at the referendum;

(b) remains so entitled up to the time at which the poll closes; and

(c) fails to vote at the referendum,

is guilty of an offence, punishable by a fine not exceeding Five pounds.

(5.)  Where two or more personal representatives or trustees would be guilty of an offence against this section if they were one person, each of them shall be deemed to be guilty of the offence.


(6.)  It is a defence to a prosecution for an offence against this section if the person charged satisfies the court that there was a reasonable excuse for the failure out of which the charge arises or, in the case of a prosecution of a personal representative or trustee, that he could not reasonably have been expected to ensure that that failure did not occur.

(7.)  A prosecution shall not be instituted under this section against a person who does not ordinarily reside in Australia.

(8.)  Proceedings for an offence against this section shall not be instituted except with the consent in writing of the Minister or of a person authorized in writing by the Minister to give such consents.

(9.)  In a prosecution for an offence against sub-section (4.) of this section, a certificate under the hand of the Deputy Returning Officer for a State certifying—

(a) that a person was, on the eighth day before the date on which the poll closed, enrolled on the roll for that State; and

(b) that that person did not vote at the referendum,

is evidence of the facts stated in the certificate and of the fact that that person became, not less than seven days before the date on which the poll closed, entitled to vote at the referendum and remained so entitled up to the time at which the poll closed.

Regulations.

16.   The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for making provision for or in relation to—

(a) the manner of voting at the referendum, including the furnishing of declarations with respect to entitlement to vote;

(b) the manner in which the entitlement of a corporation, of the Crown, or of personal representatives or trustees, to apply for enrolment or to vote at the referendum is to be exercised;

(c) the issue of ballot-papers, and the replacement of lost or destroyed ballot-papers;

(d) the scrutiny at the referendum;

(e) the time and manner of destruction of ballot-papers, and their preservation until that time;


 

(f) the forms to be used in connexion with the referendum; and

(g) the prohibition of false statements and improper conduct in connexion with the referendum, and the imposition of penalties, not exceeding a fine of Five hundred pounds or imprisonment for three months, for contraventions of such a prohibition.