Version No. 001
Murray Valley Citrus Marketing (Polls) Regulations 1996
S.R. No. 8/1996
Version as at 5 August 1998
table of provisions
RegulationPage
1
RegulationPage
1.Objective
2.Authorising provisions
3.Revocation
4.Definitions
5.Notice of polls
6.Supply of roll and voting information
7.Objections to rolls
8.Issue of ballot-papers and voting information
9.Duplicate ballot-papers
10.Method of voting
11.Scrutineers
12.Examination of envelopes
13.Formality and counting of votes
14.Adjournment of scrutiny
15.Notice of result of poll
16.Penalty
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SCHEDULE—Ballot-paper
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
Murray Valley Citrus Marketing (Polls) Regulations 1996
S.R. No. 8/1996
Version as at 5 August 1998
1
S.R. No. 8/1996
Murray Valley Citrus Marketing (Polls) Regulations 1996
1.Objective
The objective of these Regulations is to prescribe procedures to be followed in the conduct of polls under the Murray Valley Citrus Marketing Act 1989.
2.Authorising provisions
These Regulations are made under sections 78 and 91 of the Murray Valley Citrus Marketing Act 1989.
3.Revocation
The [1]Murray Valley Citrus Marketing (Polls) Regulations 1993 are revoked.
4.Definitions
In these Regulations—
"Act" means the Murray Valley Citrus Marketing Act 1989;
"return envelope" means the reply-paid return envelope referred to in regulation 8;
"returning officer" means the returning officer under section 78(2) of the Act;
"roll" means the roll of producers entitled to vote at a poll.
5.Notice of polls
r. 5
(1)As soon as practicable after the Minister directs under section 57(1), 58(1), 65(1), 66(1), 68(1), 69(1), 71(1), 72(1), 74(1) or 75(1) of the Act that a poll be taken or held, the returning officer must publish or cause to be published a notice in accordance with the requirements of sub-regulation (2)—
(a)in a newspaper or newspapers circulating generally in Victoria; and
(b)in a newspaper or newspapers circulating generally in the area in which the poll is to be taken or held.
(2)The notices required to be published in a newspaper under sub-regulation (1) must—
(a)set out the question on which the poll is to be held; and
(b)fix the time and date for the close of voting in the poll; and
(c)fix the time and date for the close of enrolments for the poll; and
(d)state how and where a person may enrol (if the persons to be polled are or include persons who are not registered producers); and
(e)state where and at what times the roll may be inspected; and
(f)state that it is not compulsory for persons who are on the roll to vote at the poll; and
(g)specify any other details or directions relating to the conduct of the poll which the returning officer considers it appropriate to include.
(3)The date fixed for the close of enrolments must be not less than 14 nor more than 28 days after the date that the notice under sub-regulation (1) is published.
(4)The date fixed for the close of voting must be not less than 28 days after the date fixed under sub-regulation (3) for the close of enrolments.
6.Supply of roll and voting information
r. 6
(1)Within 7 days after the Minister directs under section 57(1), 58(1), 65(1), 66(1), 68(1), 69(1), 71(1), 72(1), 74(1) or 75(1) of the Act that a poll be taken or held, the Board—
(a)must supply the returning officer with—
(i)the roll of producers entitled to vote at that poll; and
(ii)a copy of the proposed Order which is the subject of the poll; and
(b)may supply the returning officer with—
(i)a statement setting out a case in support of the proposed Order; and
(ii)a statement setting out a case against the proposed Order.
(2)The roll supplied under sub-regulation (1)(a) must be made available for public scrutiny from the time it is received by the returning officer until the close of enrolments for the poll.
7.Objections to rolls
(1)A producer entitled to vote at the poll and not included on the roll may apply in writing to the Board before the close of enrolments for the poll to be enrolled for the poll.
(2)A person may object to the presence or absence of an entry on the roll in writing to the Board before the close of enrolments for the poll.
(3)The Board must consider the objection and, if it considers it to be valid, amend the roll.
(4)As soon as practicable after the close of enrolments, the Board must supply to the returning officer an up to date roll of producers entitled to vote at that poll.
8.Issue of ballot-papers and voting information
r. 8
The returning officer must not later than 21 days before the date fixed 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 the Schedule to these Regulations; and
(b)an envelope marked "Ballot-paper envelope" for enclosing the ballot-paper and a reply-paid return envelope addressed to the returning officer with provision on the back for the voter to sign and print his or her name and address; and
(c)a copy of the proposed Order and any statements which have been supplied to the returning officer under regulation 6(1)(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 ballot-paper envelope for enclosing the ballot-paper and a new return envelope.
(2)The returning officer must maintain a record of all duplicate ballot-papers issued under sub-regulation (1).
10.Method of voting
r. 10
To cast a vote, a voter who has been issued with a ballot-paper must—
(a)record a vote on the ballot-paper substantially in accordance with the directions shown on the ballot-paper; and
(b)enclose the ballot-paper in the ballot-paper envelope; and
(c)place the ballot-paper envelope with its enclosed ballot-paper in the return envelope; and
(d)insert the voter's full name and address on the back of the return envelope and sign the envelope in the space provided; and
(e)post or deliver the return envelope to the returning officer so as to be received by the returning officer before the close of voting in the poll.
11.Scrutineers
(1)Any organisation or body of persons, on the written authorisation of not less than 20 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.
12.Examination of envelopes
r. 12
(1)As soon as practicable after the close of the poll, the returning officer must—
(a)produce unopened all return envelopes received up to the close of the poll; and
(b)examine each envelope and—
(i)if satisfied that it substantially complies with regulation 10, accept the vote for further scrutiny; or
(ii)if not so satisfied, reject the vote without opening the envelope.
(2)The returning officer must then—
(a)open each return envelope which has been accepted for further scrutiny; and
(b)withdraw the enclosed ballot-paper envelope or any ballot-paper not contained in a ballot-paper envelope; and
(c)without opening the ballot-paper envelope or inspecting the ballot-paper or allowing any other person to open the ballot-paper envelope or inspect the ballot-paper, deposit the ballot-paper envelope or the ballot-paper in a ballot box.
13.Formality and counting of votes
(1)After all ballot-paper envelopes and ballot-papers accepted for further scrutiny have been placed in the ballot-box, the returning officer must—
(a)remove the ballot-paper envelopes and ballot-papers from the ballot-box; and
(b)open each ballot-paper envelope and withdraw the enclosed ballot-paper; and
(c)examine each ballot-paper and reject, in accordance with sub-regulation (2), those votes which are informal.
(2)A ballot-paper that does not clearly indicate the voter's intention substantially in accordance with the directions shown on the ballot-paper 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.Adjournment of scrutiny
r. 14
The returning officer may at any time adjourn the scrutiny and count to a day and hour fixed by the returning officer which must be notified to the scrutineers.
15.Notice of result of poll
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 or cause to be published a similar notice—
(a)in a newspaper or newspapers circulating generally in Victoria; and
(b)in a newspaper or newspapers circulating generally in the area in which the poll was taken or held.
16.Penalty
r. 16
A person who wilfully provides false or misleading information to the returning officer in connection with the issue of a duplicate ballot-paper, or who inserts false details on a return envelope, is guilty of an offence.
Penalty: 5 penalty units.
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SCHEDULE
Sch.
Regulation 8(a)
Murray Valley Citrus Marketing (Polls) Regulations 1996
Ballot-paper
Initials of returning officer
Proposed Order : (insert purpose of Order)
Are you in favour of the Order?
DIRECTIONS TO VOTER
1.To record a vote in favour of the Order, write the word "YES" in the square opposite the question.
To record a vote against the Order, write the word "NO" in the square opposite the question.
2.After marking your vote, insert the ballot-paper in the envelope marked "Ballot-paper envelope" and seal the envelope.
3.Then enclose the Ballot-paper envelope in the reply-paid return envelope addressed to the returning officer and complete the details on the back.
4.The return envelope must be posted or delivered to reach the returning officer not later than the close of the poll that is (here the ballot paper must specify the time and date fixed for the close of voting on the poll) if it is to be counted.
Sch.
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ENDNOTES
Endnotes
1. General Information
The Murray Valley Citrus Marketing (Polls) Regulations 1996, S.R. No. 8/1996 were made on 20 February 1996 by the Governor in Council, on the recommendation of the Minister after consulting with the corresponding Minister, under sections 78 and 91 of the Murray Valley Citrus Marketing Act 1989, No. 63/1989 and came into operation on 20 February 1996.
The Murray Valley Citrus Marketing (Polls) Regulations 1996 will sunset 10 years after the day of making on 20 February 2006 (see section 5 of the Subordinate Legislation Act 1994).
2. Table of Amendments
Endnotes
There are no amendments made to the Murray Valley Citrus Marketing (Polls) Regulations 1996 by statutory rules, subordinate instruments and Acts.
3. Explanatory Details
Endnotes
1
[1] S.R. No. 87/1993.