GRAIN MARKETING ACT 1975
The Grain Pool of W.A. (Elections) Regulations 1976
GRAIN MARKETING ACT 1975
The Grain Pool of W.A. (Elections) Regulations 1976
Western Australia
The Grain Pool of W.A. (Elections) Regulations 1976
Contents
1.Citation1
2.Application of Electoral Act1
3.Interpretation2
3A.Zones for the election of Directors3
3B.Term of office3
4.General4
5.Remuneration of returning officer and other officers4
7.Notice of subsequent elections4
8.Date of election5
9.Close of poll5
10.Lists of deliverers5
11.Record to be marked for identification, and available6
12.Producers6
13.Nomination7
14.Withdrawal of nomination8
15.Unopposed candidates8
16.Ballot8
17.Further ballot papers9
18.Voting9
19.Scrutiny and count10
20.Informal votes11
21.Recount11
22.Equal votes12
23.Disputes12
24.Security of ballot papers12
25.Result of election13
26.False statements prohibited13
APPENDIX
Notes
Compilation table25
Western Australia
GRAIN MARKETING ACT 1975
Department of Agriculture,
South Perth, 11th February, 1976.
HIS Excellency the Governor acting with the advice and consent of the Executive Council pursuant to the powers conferred by the Grain Marketing Act 1975 has been pleased to make the regulations set forth in the Schedule hereunder.
E. N. FITZPATRICK,
Director of Agriculture.
The Grain Pool of W.A. (Elections) Regulations 1976
These regulations may be cited as The Grain Pool of W.A. (Elections) Regulations 1976.
2.Application of Electoral Act
The provisions of the Electoral Act 1907 as amended, and the regulations made thereunder shall apply in so far as they can, with any necessary adaptations, be made applicable to all matters, relating to the election of an elective Director of The Grain Pool of W.A., that are not provided for in these regulations.
In these regulations unless the contrary intention appears —
“deliverer”, in relation to an election, means a person or, in the case of the parties to a sharefarming or partnership agreement, those parties collectively by or on behalf of whom —
(a)grain grown in the electoral zone for which the election is to be held has been delivered to a pool; or
(b)obligations are discharged pursuant to a contract entered into by the Grain Pool under section 34B (1) in respect of grain grown in the electoral zone,
in the prescribed interval in which the election is held or in a preceding prescribed interval;
“election” means an election of an elective Director;
“elector”, in relation to an election, means —
(a)an individual natural person who is a producer in relation to that election within the meaning of subregulation (1) of regulation 12; or
(b)a person who is authorized to represent others or another as an elector for the purposes of that election pursuant to subregulation (2) or (3) of regulation 12;
“Electoral Commissioner” means the Electoral Commissioner appointed under the Electoral Act 1907;
“electoral zone” means one of the zones set out in the Second Schedule to the Act as altered in accordance with regulation 3A;
“form” means a form in the Schedule to these regulations;
“listed deliverer”, in relation to an election, means a deliverer whose name appears on a record furnished, certified and marked for the purposes of the election in accordance with regulations 10 and 11;
“prescribed interval” means the period commencing on 1 November of any year and ending on 31 October of the following year;
“Secretary” means the Secretary or the Assistant Secretary of The Grain Pool of W.A.;
“term of office” is determined in accordance with regulation 3B.
[Regulation 3 amended by Gazettes 8 May 1981 p.1455; 16 April 1982 p.1310; 3 January 1986 p.43; 26 May 1998 p.2953.]
3A.Zones for the election of Directors
(1)Upon the specification of the Board, by instrument in writing delivered to the Minister the electoral zones set forth in clause 2 of the Second Schedule to the Act are altered so that the zones for election of Directors are as specified in the Appendix to these regulations on the day of the coming into operation of this regulation.
(2)Notwithstanding that the electoral zones have been altered in accordance with subregulation (1) a person who was a Director immediately before the coming into operation of this regulation shall continue in office as a Director in accordance with the terms of the Act prior to this regulation.
[Regulation 3A inserted by Gazette 3 January 1986 p.44.]
(1)The term of any office held under the Act commences on 1 August of the year in which the appropriate election is held.
(2)A term of office in respect to an electoral zone (current as at 1 August 1997) set out in column 1 of the Table to this regulation, expires on the day set out in the corresponding position in column 2 of that Table.
Table
|
Column 1 |
Column 2 |
|
Electoral zone |
Expiration of term of office |
|
Zone 1 |
31 July 2000 |
|
Zone 2 |
31 July 1998 |
|
Zone 3 |
31 July 1998 |
|
Zone 4 |
31 July 1998 |
|
Zone 5 |
31 July 2000 |
|
Zone 6 |
31 July 2001 |
|
Zone 7 |
31 July 2001 |
[Regulation 3B inserted in Gazette 26 May 1998 p.2953.]
(1)The returning officer for an election shall be the Electoral Commissioner or his nominee.
(2)The returning officer may appoint other officers to assist him in the conduct of an election.
(3)The Board shall pay the expenses incurred in connection with an election.
[Regulation 4 amended in Gazette 26 May 1998 p.2954.]
5.Remuneration of returning officer and other officers
The returning officer, and any other officer employed by the returning officer to assist in the conduct of an election, are entitled to such remuneration as is determined from time to time by the Electoral Commissioner.
[Regulation 5 inserted in Gazette 26 May 1998 p.2954.]
[6.Repealed in Gazette 26 May 1998 p.2954.]
7.Notice of subsequent elections
(1)The Chairman shall, not less than three months prior to the expiration of the term of the office of the elected Director, and not more than fourteen days after the occurrence of a casual vacancy in the office of elected Director, direct the returning officer to fix a day to be the nomination day and the returning officer shall thereupon fix a nomination day and cause —
(a)a notice in the form of Form 1 to be published in the Government Gazette; and
(b)an advertisement of that notice to be placed.
(2)The day fixed as nomination day under this regulation shall be not less than twenty‑one days, nor more than forty‑five days after the latest of the publications of the notice.
[Regulation 7 amended in Gazette 16 April 1982 p.1311; 26 May 1998 p.2954.]
Every election day shall be not less than twenty‑one days, nor more than forty‑five days, after the nomination day and shall be fixed by the returning officer.
When fixing an election day the returning officer shall fix an hour for the closing of the poll at that election.
[(1)repealed]
(2)For the purpose of each election for an electoral zone the Board shall, not less than twenty‑one days before the nomination day for the election, furnish the returning officer with a written or computer generated record, in a form acceptable to the returning officer, that is certified by the Secretary and contains the full names and addresses of persons who are deliverers for the purposes of that election.
(3)Where a person who is a producer for the purposes of an election and whose name and address is not included in the record furnished in accordance with subregulation (2) makes an application in the form of Form 2 to the Board not less than seven days before the day fixed for the election, the Board may, forthwith, furnish the returning officer with a further record that is certified by the Secretary and contains that name and address.
[Regulation 10 inserted by Gazette 16 April 1982 p.1311; amended in Gazette 26 May 1998 p.2954.]
11.Record to be marked for identification, and available
(1)The returning officer shall, upon receipt of a record furnished under regulation 10, mark that record for the purposes of identification.
(2)The returning officer shall provide a copy of the record referred to in subregulation (1) to a candidate who requests a copy, but only after nominations close and the need for a poll is established.
[Regulation 11 inserted in Gazette 26 May 1998 p.2954.]
(1)A producer, in relation to an election, is a person who is, or persons who are collectively, a deliverer in relation to that election and who is, or are collectively, currently engaged in the production or cultivation for production of prescribed, approved or authorized grain in the electoral zone for which the election is to be held.
(2)Where the parties to a sharefarming or partnership agreement are collectively a producer in relation to an election within the meaning of subregulation (1), one only of those parties may be authorized by the other party or other parties to represent the parties as an elector for the purposes of that election.
(3)Where a corporate body is a producer in relation to an election within the meaning of subregulation (1), the Board of Directors or other management authority of the body may authorize one only of the officers of the body to represent the body as an elector for the purposes of the election.
(4)For the purposes of subregulation (3) the following persons are officers of a body corporate —
(a)a director or other member of the Board of Directors or other management authority of the body;
(b)a trustee of the body;
(c)the manager or secretary, or any other officer, of the body.
(5)A person shall not be entitled to vote in an election unless he is an elector and he completes, signs and returns to the returning officer a counterfoil in accordance with paragraphs (b) and (c) of regulation 18 (2).
(6)Not more than one vote shall be cast at an election by or on behalf of any one producer.
(7)Subregulation (6) does not prevent a person from voting both as a producer in his own right and also on behalf of another producer pursuant to subregulation (2) or (3).
[Regulation 12 inserted by Gazette 16 April 1982 p.1311.]
A nomination may be in the form of Form 3, but a nomination is not valid unless it —
(a)sets out the full name and address of the candidate and the election for which he is nominated;
(b)is signed by two or more electors for the election for which the nomination is made;
(c)contains a statement, signed by the candidate, that —
(i)he consents to his nomination;
(ii)he is an elector for the election for which the nomination is made; and
(iii)he is not an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; and
(d)is addressed to the returning officer and is delivered to him, or forwarded so as to reach him, before the hour of twelve noon on the day fixed for the close of nominations.
[Regulation 13 amended in Gazette 26 May 1998 p.2955; 28 September 2001 p.5357-8.]
A candidate may, by notice, signed by him, witnessed by an elector and addressed to, and lodged with, the returning officer before the hour of twelve noon on the noinination day, withdraw his consent to his nomination; and that candidate shall, thereupon, be deemed not to have been nominated.
Where only one candidate has been duly nominated for an election the returning officer shall declare that candidate duly elected.
[Regulation 15 amended in Gazette 26 May 1998 p.2955.]
(1)Where more than one candidate has been duly nominated for an election, the returning officer shall, as soon as practicable after the close of nominations —
(a)cause the full names of the candidates and the day and hour fixed for the close of the poll to be published in the Government Gazette and in at least three newspapers circulating in the State;
(b)cause the order of the names of the candidates that are to go on the ballot papers to be determined by the conduct of a draw in a manner similar to that set out in section 86 (2a) of the Electoral Act 1907;
(ba)cause ballot papers and counterfoils to be printed, in the form of Forms 4 and 5 respectively, setting out the full names of the candidates in the appropriate order;
(c)send by post, or otherwise, to each listed deliverer —
(i)one ballot paper, initialled by the returning officer or a person a authorized by him in that behalf;
(ii)one counterfoil;
(iii)one ballot paper envelope; and
(iv)one envelope addressed to the returning officer.
(2)Each ballot paper, counterfoil, ballot paper envelope and addressed envelope, shall be enclosed by the returning officer in a covering envelope which shall be fastened, addressed and forwarded to the person for whom it is intended.
[Regulation 16 amended by Gazettes 8 May 1981 p.1456; 16 April 1982 p.1311; 26 May 1998 p.2955..]
If the returning officer is satisfied that a listed deliverer has not received a ballot paper, or that a ballot paper received by him has been lost or destroyed, the returning officer may issue to the listed deliverer a ballot paper, counterfoil and envelopes or a further ballot paper, counterfoil or envelopes, as the case may require.
[Regulation 17 inserted by Gazette 8 May 1981 p.1456; amended by Gazette 16 April 1982 p.1312.]
(1)Voting shall be by means of a preferential ballot and a person, having received a ballot paper and counterfoil and wishing to vote, shall record his vote on the ballot paper, in the manner following —
(a)Where there are only two candidates, the elector shall mark his vote on the ballot paper by placing the numeral, “1”, opposite the name of the candidate for whom he votes.
(b)Where there are more than two candidates, the elector shall mark his vote on the ballot paper by placing the numeral, “1”, opposite the name of the candidate for whom he votes as his first preference, and he shall give contingent votes for all the remaining candidates by placing the numerals, “2”, “3”, and so on (as the case may require) opposite their names, so as to indicate by numerical sequence the order of his preference.
(2)An elector having marked his ballot paper in the manner prescribed by subregulation (1) shall, thereupon —
(a)enclose the ballot paper alone in the envelope marked “ballot paper” and fasten the envelope;
(b)complete and sign the counterfoil; and
(c)return the ballot paper envelope, containing the ballot paper together with the completed counterfoil to the returning officer, by post or otherwise, in the envelope addressed to the returning officer, so as to be received by him not later than the day and hour fixed by the notice of election for the closing of the poll at that election.
[Regulation 18 amended by Gazette 17 May 1985 p.1711; 26 May 1998 p.2955.]
(1)The returning officer shall place, and keep, in a secure and sealed ballot box, all envelopes received by him purporting to contain ballot papers, until the close of the poll.
(2)An envelope containing a ballot paper received after the close of the poll shall not be admitted to the scrutiny.
(3)As soon as practicable after the hour fixed for the close of the poll, the returning officer shall, in the presence of any scrutineer appointed under subregulation (4) who is present, proceed with the scrutiny, count the votes received and ascertain and declare the result of the poll.
(4)Each candidate at an election is entitled to appoint, in writing, one scrutineer who may be present when the envelopes containing ballot papers relating to the election are being opened at the commencement of the scrutiny and who may remain during the scrutiny.
[Regulation 19 amended in Gazette 26 May 1998 p.2955.]
(1)Where the right of a person to vote is not established, or the counterfoil is not signed by the elector, the returning officer shall replace the counterfoil and the envelope marked “ballot paper” in the envelope in which they were received, endorse the latter envelope “rejected”, and set it aside for safe keeping together with any others that may have been rejected.
(2)A ballot paper is informal, if —
(a)it does not bear the initials of the returning officer or a person authorized by him to initial ballot papers;
(b)subject to subregulation (3), the voter has not marked it as prescribed by these regulations; or
(c)it is not marked.
(3)If a voter has marked a ballot paper in a manner other than the prescribed manner but the ballot paper clearly indicates the voter’s intention and is not informal under regulation 20 (2) (a), that ballot paper —
(a)shall not be informal; and
(b)shall be given effect to according to the elector’s intention.
[Regulation 20 amended by Gazette 17 May 1985 p.1711; 26 May 1998 p.2955.]
(1)At any time before the publication of the result of an election, as prescribed by these regulations, the returning officer may, on the written request of a candidate setting out the reasons for the request, or of his own motion, make a recount of the ballot papers.
(2)Where the returning officer refuses the request of a candidate to make a recount of ballot papers, the candidate may, prior to the publication of the result of the election, appeal in writing to the Minister to direct a recount and the Minister may allow or dismiss the appeal.
(3)Where the Minister allows an appeal under this regulation, he shall direct the returning officer to make a recount and the returning officer shall comply with that direction.
Where on any count two or more candidates receive an equal number of votes, the returning officer shall decide, by lot, which of them is defeated.
Any dispute arising out of the conduct of an election shall, on the written request of a candidate setting out his reasons for the request made to the returning officer on or before the expiration of 14 days after the date of the election, be referred by the returning officer to the Minister who may determine the matter in dispute in such manner as he thinks fit and make any order that he considers desirable in order to rectify any deficiency or error in the conduct of the election including an order for the invalidation of the election and the result thereof (notwithstanding that regulation 25 may have been complied with) and an order for the conduct of a new election.
[Regulation 23 inserted by Gazette 8 May 1981 p.1456.]
(1)On completion of the scrutiny and count of votes, the returning officer shall enclose in one packet all ballot papers that were admitted to the count, in another packet all counterfoils relating to those ballot papers and in a third packet all rejected votes; and thereupon seal the several packets and indorse on each of them the date of the election and the description and number of the contents and sign the indorsement.
(2)The returning officer shall hold the sealed packets referred to in subregulation (1) in his custody together with all other documents used at, or in connection with, an election, for a period of three months after the day of the election when the packets and documents shall be destroyed.
(1)The returning officer shall prepare and forward to the Board a statement showing the result of each election and the name of the candidate elected, and shall cause the result of the election to be notified in the Government Gazette and in at least three newspapers circulating in the State.
(2)A candidate elected as a Director to fill a normal vacancy commences his term as a Director on the first day of the term of office for which the election was held.
(3)A candidate elected as a Director to fill a casual vacancy commences his term as a Director on —
(a)the day on which the result of the election is declared; or
(a)the first day of the term of office for which the election was held,
whichever is the later.
[Regulation 25 amended in Gazette 26 May 1998 p.2955.]
26.False statements prohibited
A person shall not make a false statement in any application pursuant to regulation 10 (3) or in any ballot paper, nomination form or counterfoil, in respect of any election that is held, or that is to be held, under these regulations.
Penalty: One hundred dollars.
[Regulation 26 amended by Gazette 8 May 1981 p.1456.]
Form 1
Western Australia
Grain Marketing Act 1975
The Grain Pool of W.A. (Elections) Regulations 1976
(Reg. 7)
NOTICE OF ELECTION
NOTICE is hereby given that an election of a Director/Directors of The Grain Pool of W.A. from Electoral Zone ………………………………. /from Electoral Zones ………………………………………… under paragraph (a) of subsection (2) of section 9 of the Grain Marketing Act 1975, will take place at the office of the returning officer, on the ………………… day of . . . . . . . . . . . . 19 . . . , closing at . . . . . . . . . . . . . . . .o’clock in the . . . . . . . . . . . . . . . noon, on that day.
Nominations of candidates are required to be made in accordance with the abovementioned regulations and must be received by the returning officer at his office before twelve noon on the . . . . . . . . . . . . . . . . . . . . . . . . . .
day of . . . . . . . . . . . . . . . . . . . . . . . . . , 19 . . .
. . . . . . . . . . . . . . . . . . . . . . .
Returning Officer.
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address.
BEFORE FILLING IN THIS FORM READ THE INSTRUCTIONS ON THE OTHER SIDE.
Form 2
Western Australia
Grain Marketing Act 1975
The Grain Pool of W.A. (Elections) Regulations 1976
(Reg. 10)
APPLICATION FOR ENROLMENT
TO:The Board of Directors of The Grain Pool of W.A.
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Full name of applicant)(Block letters)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Full address)(Block letters)(Postcode)
in the State of Western Australia, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Occupation)
hereby apply to have *my name/the name of the *sharefarming/partnership agreement to which I am a party/the corporate body hereafter mentioned added to the record of deliverers pursuant to regulation 10 (3) of the abovementioned regulations for the election of an elective Director of The Grain Pool of W.A., for Electoral Zone, on the ground that —
*(1)I am a producer in relation to that election within the meaning of the abovementioned regulations, being such a producer on my own account.
OR
*(1)I am a party to a *sharefarming/partnerhip agreement trading as: —
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(insert sharefarming or partnership trading name)
in which the trading *name/names of the other *party/parties *is/are the following: —
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Full names and addresses in block letters of other parties to the agreement)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and the parties to the agreement are collectively a producer in relation to that election within the meaning of the abovementioned regulations, and I have been duly authorized to make this application on their behalf.
OR
*(1)I am the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .of
(Title of officer)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Name of corporate body)
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Address)
which is a producer in relation to that election within the meaning of the abovementioned regulations, and I have been duly authorized to make this application on its behalf.
(2)*I am/The parties are/The corporate body is a producer by reason of the following facts: —
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I, the abovenamed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Full name of applicant)
hereby state that the particulars furnished in the above application are true and correct and I make this statement with full knowledge that I am liable to a penalty of $100 if the statement is false.
Dated the day of 19
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of applicant)
* Strike out whichever is inapplicable.
(Reverse of Form)
INSTRUCTIONS FOR COMPLETING THE FORM
(a)The applicant must —
(i)address the application to the Board of Directors of The Grain Pool of W.A.;
(ii)complete the application;
(iii)sign the statement at the foot thereof; and
(iv)forward the application by pre‑paid post, or deliver it, to the Board within the time limited by the regulations — see regulation 10.
(b)The applicant, or the parties to a sharefarming or partnership agreement, or the corporate body, whom, or which he represents must be a producer in the Electoral Zone specified within the meaning of regulation 12 (1), which provides —
“12.(1)A producer, in relation to an election, is a person who is, or persons who are collectively, a deliverer in relation to that election and who is, or are collectively, currently engaged in the production or cultivation for production of prescribed, approved or authorized grain in the electoral zone for which the election is to be held.”
NB:“deliverer”, in relation to an election, means a person or, in the case of the parties to a sharefarming or partnership agreement, those parties collectively by or on behalf of whom —
(a)grain grown in the electoral zone for which the election is to be held has been delivered to a pool; or
(b)obligations are discharged pursuant to a contract entered into by the Grain Pool under section 34B (1) in respect of grain grown in the electoral zone,
in the prescribed interval in which the election is held or in a preceding prescribed interval. (ie. 12 months commencing on 1 November).
Form 3
Western Australia
Grain Marketing Act 1975
The Grain Pool of W.A. (Elections) Regulations 1976 (Reg. 13)
NOMINATION FORM
We, the undersigned persons, state that we are eligible to vote at the election of a Director of The Grain Pool of W.A. from Electoral Zone. . . . . . . . . . under section 9 (2) (a) of the Grain Marketing Act 1975, and do hereby nominate: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for
(PRINT FULL NAME)
election as a Director of The Grain Pool of W.A.
If authorized representative under regulation 12 (2) or (3) state name of partnership, sharefarmers/corporate body in which grain delivered: . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(PRINT IN FULL)
1.Full Name of Nominator: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(IF AUTHORIZED REPRESENTATIVE UNDER REGULATION 12 (2) OR (3), ALSO STATE FULL NAME IN WHICH GRAIN IS DELIVERED — INCLUDE COMPANY OR PARTNERSHIP)
Full Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.Full Name of Nominator: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(IF AUTHORIZED REPRESENTATIVE UNDER REGULATION 12 (2) OR (3), ALSO STATE FULL NAME IN WHICH GRAIN IS DELIVERED — INCLUDE COMPANY OR PARTNERSHIP)
Full Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AND I , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(PRINT FULL NAME OF CANDIDATE)
OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(PRINT FULL TRADING NAME AND ADDRESS)
do hereby —
(a)consent to the above nomination;
(b)state that I am a person eligible for such nomination within the meaning of the Act and the Regulations being:
(i)an individual natural person who is a producer in relation to that election within the meaning of regulation 12 (1); or
(ii)a person who is authorized to represent others or another as an elector for the purposes of that election under regulation 12 (2) or (3); and
(c)state that I am not an insolvent under administration within the meaning of theCorporations Act 2001 of the Commonwealth.
Dated the. . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . 19. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of Candidate.
A candidate must be an elector for the election for which the nomination is made, and the nomination must be signed by 2 or more electors for the election for which the nomination is made.
Note: A person who makes and subscribes a false statement in a nomination paper is liable to a penalty of $100.
Received the above nomination this . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . day
of . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . o’clock
in the . . . . . . . . . . . . . . . noon.
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Returning Officer
This form, when completed, is to be addressed to the Returning Officer, and is to be delivered, or forwarded, so as to reach the Returning Officer, prior to the hour of 12 noon, on the day fixed for the close of nominations.
Form 4
Western Australia
Grain Marketing Act 1975
The Grain Pool of W.A. (Elections) Regulations 1976 (Reg. 16)
BALLOT PAPER
Election of a Candidate as Director of The Grain Pool of W.A. from Electoral Zone . . . . . . . . . . . . . . .
Date of Close of Poll . . . . . . . . . . . . . . .
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Initials of Returning
Officer
DIRECTIONS FOR VOTING
1.Where there are only 2 candidates, the elector shall mark the Ballot paper by placing the numeral “1” opposite the name of the Candidate for whom the vote is cast.
2.Where there are more than 2 candidates, the Ballot Paper is to be marked by placing the number “1” opposite the name of the candidate for whom the elector has a first preference, and contingent votes are to be given for all of the remaining condidates by placing the numerals “2”, “3” and so on (as the case may require) so as to indicate by numerical sequence the order of preference.
3.Enclose this Ballot Paper in the envelope marked “Ballot Paper” and SEAL.
4.Complete and sign the Counterfoil.
5.Enclose the sealed Ballot Paper and completed Counterfoil in the Reply Paid envelope addressed to the Returning Officer so as to be received no later than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.The information required on the Counterfoil is used to mark your name off the roll. The ballot paper envelope will be removed from the Reply Paid envelope and placed into a separate bundle. This way, the information you provide is not used to identify your voting preference.
CANDIDATES
Full names of candidates
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Form 5
Western Australia
Grain Marketing Act 1975
Number . . . . .
The Grain Pool of W.A. (Elections) Regulations 1976 (Reg. 16)
COUNTERFOIL
Electoral Zone
Full Name and Company or Partnership in which grain delivered . . . . . . . . . .
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Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Full Name of Elector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Full Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I, the abovenamed elector hereby make the following statement in verification of my right to vote, according to the accompanying ballot paper:
(1)I am an elector entitled to vote in this election * on my own behalf/on behalf of the abovenamed producer.
(2)*I am/The parties whom I represent are/The Corporate body which I represent is a producer within the meaning of Regulation 12 (1) of The Grain Pool of W.A. (Elections) Regulations 1976.
(3)No person representing the abovenamed producer has voted previously at this election.
(4)I make this statement with the full knowledge that I am liable to penalty of $100 if the statement is false.
Usual signature of elector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
*Strike out whichever is inapplicable.
[Schedule amended in Gazette 8 May 1981 pp.1456(erratum in Gazette 22 May 1981 p.158); 16 April 1982 p.1312; 17 May 1985 pp.1711‑3; 26 May 1998 p.2956; 28 September 2001 pp. 5357-8.]
[Reg. 3A]
Zones for the election of Directors
Zone 1.The municipalities of: —
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Carnamah |
Morawa |
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Chapman Valley |
Mullewa |
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Coorow |
Murchison |
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Geraldton |
Northampton |
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Greenough |
Perenjori |
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Irwin |
Three Springs |
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Mingenew |
Yalgoo |
and all municipalities north of Northampton.
Zone 2.The municipalities of: —
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Chittering |
Koorda |
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Dalwallinu |
Moora |
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Dandaragan |
Mt. Marshall |
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Dowerin |
Mukinbudin |
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Gingin |
Victoria Plains |
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Goomalling |
Wongan Ballidu. |
Zone 3.The municipalities of: —
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Bruce Rock |
Nungarin |
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Corrigin |
Tammin |
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Kellerberrin |
Trayning |
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Kondinin |
Westonia |
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Kulin |
Wyalkatchem |
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Merredin |
Yilgarn. |
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Narembeen |
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Zone 4.The municipalities of: —
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Beverley |
Pingelly |
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Brookton |
Quairading |
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Cunderdin |
Toodyay |
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Northam |
Wandering |
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Perth |
York |
and all municipalities south of Gingin and north of Murray not otherwise nominated.
Zone 5.The municipalities of: —
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Augusta‑Margaret River |
Harvey |
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Boddington |
Mandurah |
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Boyup Brook |
Murray |
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Bridgetown‑Greenbushes |
Nannup |
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Bunbury |
Narrogin |
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Busselton |
Wagin |
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Capel |
Waroona |
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Collie |
West Aurthur |
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Cuballing |
Wickepin |
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Dardanup |
Williams |
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Donnybrook‑Balingup |
Woodanilling. |
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Dumbleyung |
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Zone 6.The municipalities of: —
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Albany |
Katanning |
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Broomehill |
Kent |
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Cranbrook |
Kojonup |
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Denmark |
Manjimup |
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Gnowangerup |
Plantagenet |
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Jerramungup |
Tambellup. |
Zone 7.The municipalities of: —
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Dundas |
Lake Grace |
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Esperance |
Ravensthorpe. |
[Appendix inserted by Gazette 3 January 1986 p.44.]
1This is a compilation of the The Grain Pool of W.A. (Elections) Regulations 1976 and includes the amendments referred to in the following Table.
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Citation |
Gazettal |
Commencement |
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The Grain Pool of W.A. (Elections) Regulations 1976 |
20 Feb 1976 pp.511‑8 |
20 Feb 1976 |
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8 May 1981 pp.1455‑8 |
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Erratum |
22 May 1981 p.1581 |
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16 Apr 1982 pp.1310‑2 |
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17 May 1985 pp.1711‑3 |
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3 Jan 1986 pp.43‑4 |
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The Grain Pool of W.A. (Elections) Amendment Regulations 1998 |
26 May 1998 pp.2953‑6 |
26 May 1998 |
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Corporations (Consequential Amendments) Regulations 2001 |
28 Sep 2001 pp.5353-8 |
Deemed operative: 15 Jul 2001 (see regulation 2 and Cwlth Gazette 13 Jul 2001 No. S285) |
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These regulations were repealed as a result of the repeal of the Grain Marketing Act 1975 by the Grain Marketing Act 2002 s. 45 (No. 30 of 2002) as at 31 Oct 2002 (see s. 2 and Gazette 30 Oct 2002 p. 5351) |
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