What this does: This regulation creates and runs the Riverina Winegrape Growers committee, sets who counts as growers and wineries in specified local government areas, and prescribes detailed poll and election mechanics (rolls, nominations, ballots, scrutiny and counting). It requires committees to publish a constituents register and to pay estimated election costs.
Who it affects and why it matters: Winegrape growers and local processors in the named LGAs: it determines voter eligibility, how representatives are chosen, and the committee’s permitted services (codes, contract guidance, market information, R&D and promotion).
This Regulation (Agricultural Industry Services Regulation 2024) replaces the 2015 regulation and commences on 1 September 2024 (s 1-2; note). It does three mechanical things.
First, it establishes and fixes the constitution, remit and operating perimeter of an agricultural industry services committee called Riverina Winegrape Growers (the Committee). The Regulation sets the Committee’s area of operations to the local government areas of Carrathool, City of Griffith, Leeton and Murrumbidgee (s 5-6). It specifies the class of primary producers that constitute the Committee’s constituents (growers of specified volumes and subject to exclusion rules) (s 4, 7). It also states the commodity for which the Committee is constituted as “MIA wine grapes” , grapes grown in the Committee’s area for processing into wine, must, juice or wine spirit (s 4, 8). The Regulation lists the agricultural industry services the Committee is constituted to provide, including developing a code of conduct for contract negotiations, drafting contract provisions including prices and terms, promoting private contracts, collecting and publishing market information including indicator prices, research and development, and promotion and representation (s 9).
Second, it sets detailed governance and electoral mechanics for the Committee and for polls and elections conducted under the Agricultural Industry Services Act 1998 (the Act). These mechanics include: composition and appointment rules (7 members: 5 elected, 2 appointed by the elected members) and quorum rules for committee meetings and for meetings of constituents (s 10-13); voting entitlements (normally one vote per constituent, with express space for foundation regulations to provide different entitlements) (s 11, 18(3)(d), 70(1)(c)); and a full set of procedures for calling, conducting and determining polls and elections handled by the returning officer or nominated person (Part 3: ss 15-68). Part 3 defines roles (appropriate officer, returning officer), the contents and exhibition periods for preliminary and final rolls, nomination and nominee rules, ballot paper content and handling (inner and outer envelopes), scrutiny and rejection grounds for ballot papers, counting methods (linked to the Constitution Act 1902 schedules for quotas and counting) and post-result notices (ss 15, 18-37, 38-64).
Current sections
Direct links to the current provisions in Agricultural Industry Services Regulation 2024.
(3) For the Act, this part is the foundation regulation for the Committee.
6
Area of operations of Committee
6 Area of operations of Committee
6 Area of operations of Committee
The area of operations for which the Committee is constituted is comprised of the local government areas of Carrathool, City of Griffith, Leeton and Murrumbidgee.
7
Class of primary producers for which Committee is constituted
7 Class of primary producers for which Committee is constituted
7 Class of primary producers for which Committee is constituted
(1) For a calendar year, the class of primary producers for which the Committee is constituted is all growers within the Committee’s area of operations who, during the previous calendar year, harvested more than 20t of MIA wine grapes.
(2) This section does not apply to the following—
(a) a grower that is also a winery,
(b) a grower that is a corporation in which a winery has a controlling interest,
(c) a grower who—
(i) is an individual, and
(ii) is a director of a corporation that is a winery, and
(iii) supplies the winery with all of the MIA wine grapes the grower harvests.
8
Commodity for which Committee is constituted
8 Commodity for which Committee is constituted
8 Commodity for which Committee is constituted
The commodity for which the Committee is constituted is MIA wine grapes.
9
Agricultural industry services of Committee
9 Agricultural industry services of Committee
9 Agricultural industry services of Committee
The agricultural industry services for which the Committee is constituted are as follows—
(a) the development of a code of conduct for contract negotiations between growers and wineries,
(b) the development of draft contract provisions for the sale of MIA wine grapes to wineries, including provisions about the prices to be paid by wineries and the terms and conditions of payment,
(c) the promotion of private contracts for the sale of MIA wine grapes to wineries by growers,
(d) the collection and dissemination of market and industry information, including the production and publication of indicator prices for MIA wine grapes grown in the Committee’s area of operations,
(e) the conduct of research and development into plant health in relation to wine grapes,
(f) the provision of education and training in relation to wine grape production and marketing,
(g) the promotion, in association with organisations representing wineries, of wine made from MIA wine grapes,
(h) the promotion of regional industry, including regional wine-making, within the Committee’s area of operations,
(i) the representation of the wine grape industry in relation to the matters referred to in paragraphs (a)–(h).
10
Membership of Committee
10 Membership of Committee
10 Membership of Committee
(1) The Committee must consist of 7 members comprising—
(a) 5 persons elected by the Committee’s constituents, and
(b) 2 persons appointed by the elected members.
(2) If an insufficient number of persons are nominated for election to the Committee, the elected members must appoint the additional members.
11
Voting entitlements of constituents
11 Voting entitlements of constituents
11 Voting entitlements of constituents
Each of the Committee’s constituents is entitled to 1 vote in a poll or election.
12
Quorum for meeting of Committee
12 Quorum for meeting of Committee
12 Quorum for meeting of Committee
The quorum for a meeting of the Committee is 4 of the Committee’s members.
13
Quorum for meeting of constituents
13 Quorum for meeting of constituents
13 Quorum for meeting of constituents
The quorum for a meeting of the Committee’s constituents is 5% of the number of the Committee’s constituents as at the end of the previous calendar year.
14
Financial year of Committee
14 Financial year of Committee
14 Financial year of Committee
The financial year of the Committee is a calendar year.
Part 3
Polls and elections—the Act, s 51
Part 3 Polls and elections—the Act, s 51
Part 3 Polls and elections—the Act, s 51
Division 1
Preliminary
Division 1 Preliminary
Division 1 Preliminary
15
Definitions
15 Definitions
15 Definitions
In this part—
appropriate officer means the following—
(a) for a poll under the Act, section 4(2)(b)—the Secretary,
(b) for a poll under the Act, section 17(1)—the chairperson of the committee for which the poll is to be taken,
(c) for an election, other than an election referred to in paragraph (d)—the Secretary,
(d) for an election to fill a vacancy in a committee as required under the Act, Schedule 1, clause 5—the chairperson of the committee.
approved form means the form approved by the returning officer.
close of enrolments, for a poll or election, means the time and date, set by the returning officer, until which persons may be included in the final roll.
close of exhibition of the preliminary roll, for a poll or election, means the time and date, set by the returning officer, until which the preliminary roll must be exhibited.
close of nominations, for an election, means the time and date, set by the returning officer, until which nominations may be made.
close of the ballot, for an election, means the time and date, set by the returning officer, until which a person may vote in the election.
close of the poll means the time and date, set by the returning officer, until which a person may vote in a poll.
election means an election for members of a committee under the Act.
final roll means—
(a) for a poll—the roll prepared by the returning officer under Division 2, Subdivision 2, or
(b) for an election—the roll prepared by the returning officer under Division 3, Subdivision 4.
inner envelope, for a poll or election, means a blank unsealed envelope.
nominee means an individual nominated in accordance with section 50 by a primary producer to—
(a) be enrolled on the final roll for a poll or election, and
(b) vote on behalf of the primary producer in the poll or election.
official mark means a mark prescribed as an official mark in accordance with the Electoral Act 2017, section 165(3)(c).
outer envelope, for a poll or election, means a large unsealed envelope that—
(a) is addressed to the returning officer, and
(b) includes spaces on the back of the envelope for the voter’s name, address and signature.
poll means a poll under the Act, section 4(2)(b) or 17(1).
preliminary roll means—
(a) for a poll—the roll provided to the returning officer under section 18, or
(b) for an election—the roll provided to the returning officer under section 45.
returning officer means—
(a) the Electoral Commissioner for New South Wales, or
(b) a person nominated by the Electoral Commissioner to exercise the functions of a returning officer under this part.
16
Poll or election is agricultural industry service
16 Poll or election is agricultural industry service
16 Poll or election is agricultural industry service
For the Act, section 3, definition of agricultural industry service, paragraph (c), the conduct of a poll or election by a committee is declared to be an agricultural industry service.
17
Relationship with foundation regulation
17 Relationship with foundation regulation
17 Relationship with foundation regulation
A committee’s foundation regulation prevails over this part to the extent of an inconsistency.
Division 2
Polls
Division 2 Polls
Division 2 Polls
pt.3-div.2-sdiv.1
Calling of poll
pt.3-div.2-sdiv.1 Calling of poll
Subdivision 1 Calling of poll
18
Preparation of preliminary roll
18 Preparation of preliminary roll
18 Preparation of preliminary roll
(1) As soon as practicable after the Minister directs that a poll be taken on a question, the returning officer must notify the appropriate officer that a poll is to be held on the question.
(2) As soon as practicable after being notified of the poll, the appropriate officer must give the returning officer—
(a) a preliminary roll, and
(b) for each person included in the roll—an appropriately addressed label or envelope or an electronic version of the label or envelope.
(3) The preliminary roll must contain the following—
(a) the full names, in alphabetical order and consecutively numbered, of—
(i) for a poll under the Act, section 4(2)(b)—the persons who, in the appropriate officer’s opinion, are the proposed constituents of the committee, or
(ii) for a poll under the Act, section 17(1)—the committee’s constituents,
(b) the addresses of the persons included in the roll under paragraph (a),
(c) if a primary producer has nominated a nominee—the full name and address of the nominee listed next to the primary producer,
(d) if, for a poll under the Act, section 17(1), the committee’s foundation regulation provides for different voting entitlements for the committee’s constituents—the voting entitlements of the constituents.
(4) The preliminary roll must be certified by the appropriate officer as having been prepared in accordance with this section.
19
Notice of poll
19 Notice of poll
19 Notice of poll
(1) As soon as practicable after the Minister directs that a poll be taken on a question, the returning officer must publish notice of the poll in a way the returning officer is satisfied is likely to bring the poll to the attention of—
(a) for a poll under the Act, section 4(2)(b)—the proposed constituents of the committee, or
(b) for a poll under the Act, section 17(1)—the committee’s constituents.
(2) The returning officer must send notice of the poll to the address of each person included in the preliminary roll for the poll.
(3) The notice must include the following—
(a) the question on which the poll is being taken,
(b) the close of exhibition of the preliminary roll,
(c) the close of enrolments,
(d) the close of the poll,
(e) where copies of the preliminary roll will be exhibited,
(f) the class of primary producers for which the committee is, or is proposed to be, constituted,
(g) the qualifications for voting,
(h) how an application for enrolment or objection against enrolment may be lodged,
(i) a statement that it is compulsory for persons qualified to vote in the poll to be enrolled in the final roll for the poll.
(4) The close of exhibition of the preliminary roll must be at least 14 days after notice of the poll is published.
(5) The close of enrolments must—
(a) not be earlier than the close of exhibition of the preliminary roll, and
(b) be at least 14 days before the close of the poll.
(6) The close of the poll must be at least 28 days, but no more than 90 days, after notice of the poll is published.
20
Postponements
20 Postponements
20 Postponements
(1) The returning officer may, by publication of a notice, postpone the following for no more than 14 days—
(a) the close of exhibition of the preliminary roll,
(b) the close of enrolments,
(c) the close of the poll.
(2) The notice must be published in the same way as the notice for the poll must be published under section 19.
pt.3-div.2-sdiv.2
Preparation of final roll
pt.3-div.2-sdiv.2 Preparation of final roll
Subdivision 2 Preparation of final roll
21
Exhibition of preliminary roll
21 Exhibition of preliminary roll
21 Exhibition of preliminary roll
The returning officer must exhibit the preliminary roll in accordance with section 19(3)(e) for at least 14 days ending at the close of exhibition of the preliminary roll.
22
Qualifications for voting
22 Qualifications for voting
22 Qualifications for voting
(1) A person is qualified to vote in a poll under the Act, section 4(2)(b) if the person is included in the preliminary roll as a proposed constituent of the committee.
(2) A person is qualified to vote in a poll under the Act, section 17(1) if the person belongs to the class of primary producers for which the relevant committee is constituted.
23
Nomination of nominees
23 Nomination of nominees
23 Nomination of nominees
(1) A primary producer that is 1 of the following must, by written notice, nominate an individual to be enrolled in the final roll for, and vote on behalf of the primary producer in, a poll—
(a) a corporation, partnership or trustee,
(b) a legal representative for a person or a person’s estate.
(2) The individual is entitled to vote in a poll as the nominee of the primary producer if the returning officer is satisfied that—
(a) the individual has been nominated by the primary producer to vote on behalf of the primary producer, and
(b) the individual is not enrolled in the final roll for the poll in another capacity.
(3) The primary producer may nominate only 1 nominee under this section.
(4) A nomination under this section is revoked and replaced by a later nomination.
(5) In this section—
partnership includes—
(a) a party to a share-farming agreement, and
(b) a group of persons who, in the returning officer’s opinion, are engaged in a single enterprise for the growing, raising or production for sale of a primary product, regardless of whether one or more of the persons form a legal entity.
24
Enrolment in final roll compulsory
24 Enrolment in final roll compulsory
24 Enrolment in final roll compulsory
Each person who is qualified to vote in a poll, including an individual nominated to vote under section 23, must be enrolled in the final roll for the poll.
25
Applications for enrolment
25 Applications for enrolment
25 Applications for enrolment
(1) A person qualified to vote in a poll who is not included in the preliminary roll must apply for enrolment in the final roll for the poll.
(2) The application for enrolment must be—
(a) in the approved form, and
(b) given to the returning officer before the close of enrolments.
(3) If the returning officer is satisfied that the applicant is qualified to vote, the returning officer must enter the following in the final roll for the poll—
(a) the full name and address of the applicant,
(b) if, for a poll under the Act, section 17(1), the committee’s foundation regulation provides for different voting entitlements for the committee’s constituents—the voting entitlement of the applicant.
(4) If the returning officer is not satisfied that the applicant is qualified to vote, the returning officer must—
(a) reject the application, and
(b) give the applicant written notice of the rejection, including reasons for the rejection.
(5) If the returning officer receives an incomplete application and is satisfied there is sufficient time for the applicant to return a completed application, the returning officer must—
(a) return the application to the applicant for completion, and
(b) consider a completed application returned by the applicant in accordance with this section.
26
Objections about enrolment
26 Objections about enrolment
26 Objections about enrolment
(1) The returning officer or a person entitled to vote in a poll may, before the close of enrolments, object to—
(a) the inclusion of a person in the final roll, or
(b) for a poll under the Act, section 17(1)—the inclusion of a particular voting entitlement for a person in the final roll.
(2) An objection made by a person other than the returning officer (an objector) must be—
(a) in the approved form, and
(b) given to the returning officer.
(3) The returning officer must give particulars of an objection made under this section to the person to whom the objection relates.
(4) The person to whom the objection relates may lodge a written reply with the returning officer within 7 days after receiving particulars of the objection.
(5) The returning officer must consider—
(a) objections made under this section, and
(b) replies lodged under subsection (4).
(6) The returning officer may require an objector, or a person who lodges a reply, to give the returning officer further information required to determine an objection.
(7) The returning officer must accept or reject an objection.
(8) If the returning officer accepts an objection relating to the inclusion of a person in the final roll, the returning officer must—
(a) not include the person’s name in the final roll, and
(b) give the person and the objector written notice that the person’s name will not be included in the final roll.
(9) If the returning officer accepts an objection relating to the inclusion of a particular voting entitlement for a person in the final roll, the returning officer must—
(a) amend the final roll to show the correct voting entitlement, and
(b) give the person and the objector written notice that the person’s voting entitlement has been amended.
(10) If the returning officer rejects an objection, the returning officer must give the objector and the person to whom the objection relates written notice of the rejection.
27
Effect of postponements
27 Effect of postponements
27 Effect of postponements
The validity of the final roll for a poll is not affected by the postponement of the close of the poll.
pt.3-div.2-sdiv.3
Ballot
pt.3-div.2-sdiv.3 Ballot
Subdivision 3 Ballot
28
Voting optional
28 Voting optional
28 Voting optional
Voting in a poll is not compulsory.
29
Content and distribution of ballot papers
29 Content and distribution of ballot papers
29 Content and distribution of ballot papers
(1) As soon as practicable after the close of enrolments for a poll, the returning officer must send to each person included in the final roll—
(a) for each vote to which the person is entitled—
(i) a ballot paper, and
(ii) an inner envelope, and
(b) an outer envelope.
(2) The ballot paper must include the following—
(a) the question to be voted on in the poll with the words “YES” and “NO” and appropriate spaces for the voter’s answer,
(b) the date by which the ballot paper must be returned,
(c) either of the following—
(i) the initials of the returning officer or a person authorised by the returning officer to prepare the ballot paper,
(ii) an official mark.
(3) The ballot paper may include directions for recording a vote or returning the ballot paper to the returning officer that the returning officer considers appropriate.
30
Information sheets
30 Information sheets
30 Information sheets
A ballot paper may be accompanied by a document prepared by the returning officer that, in the returning officer’s opinion, fairly presents the arguments for and against the question to be voted on in the poll.
31
Duplicate ballot papers
31 Duplicate ballot papers
31 Duplicate ballot papers
(1) A person who receives a ballot paper may request a duplicate ballot paper from the returning officer if the original ballot paper is lost or damaged.
(2) The request must be—
(a) made before the close of the poll, and
(b) accompanied by a statutory declaration verifying that—
(i) the original ballot paper is lost or damaged, and
(ii) the person has not voted in the poll.
(3) The returning officer may, before the close of the poll, send a duplicate ballot paper and inner and outer envelopes to the person.
(4) The returning officer must keep a record of all duplicate ballot papers sent under this section.
32
Recording votes
32 Recording votes
32 Recording votes
To vote in a poll, a person must do the following—
(a) record a vote on each ballot paper in accordance with the directions on the ballot paper,
(b) place each completed ballot paper in a separate inner envelope,
(c) seal each inner envelope,
(d) place each inner envelope in the outer envelope,
(e) seal the outer envelope,
(f) record the person’s full name and address on the back of the outer envelope,
(g) sign the back of the outer envelope,
(h) return the outer envelope to the returning officer so it is received before the close of the poll.
pt.3-div.2-sdiv.4
Result of poll
pt.3-div.2-sdiv.4 Result of poll
Subdivision 4 Result of poll
33
Determining result of poll
33 Determining result of poll
33 Determining result of poll
The result of a poll must be determined by the returning officer as soon as practicable after the close of the poll.
34
Scrutineers
34 Scrutineers
34 Scrutineers
(1) The returning officer may, on the written application of a person who has an interest in the outcome of a poll, appoint the person as a scrutineer for the poll.
(2) The returning officer may appoint as many scrutineers for a poll as the returning officer believes are necessary to ensure the proper scrutiny of the poll.
35
Rejection of ballot papers
35 Rejection of ballot papers
35 Rejection of ballot papers
(1) The returning officer must reject an outer envelope if—
(a) the envelope is received—
(i) unsealed, or
(ii) after the close of the poll, or
(b) a name, address or signature is missing from the back of the envelope, or
(c) the person named on the back of the envelope is not included in the final roll for the poll.
(2) The returning officer may reject an outer envelope if it appears to the returning officer that the signature on the back of the envelope is not the signature of the person named on the back of the envelope.
(3) For all other outer envelopes, the returning officer must draw a line through the name on the final roll for the poll that corresponds to the name on the back of the envelope.
(4) The returning officer must not open an outer envelope in determining whether to reject the envelope.
36
Scrutiny of votes
36 Scrutiny of votes
36 Scrutiny of votes
(1) As soon as practicable after the close of the ballot, the returning officer must, in the presence of the appointed scrutineers, scrutinise the votes in the poll in accordance with this section.
(2) The returning officer must—
(a) open each outer envelope accepted for scrutiny, and
(b) remove the inner envelopes from the outer envelope, and
(c) record the number of inner envelopes beside the name on the final roll for the poll that corresponds to the name on the back of the outer envelope, and
(d) remove the ballot papers from the inner envelopes, and
(e) examine each ballot paper, and
(f) count the votes and determine the result of the poll.
(3) If there are more inner envelopes in the outer envelope than the number of votes to which the person is entitled in accordance with the committee’s foundation regulation, the returning officer must reject all the inner envelopes.
(4) The returning officer must reject the following—
(a) all ballot papers in an inner envelope if the envelope contains more than one ballot paper,
(b) ballot papers that do not include—
(i) the initials of the returning officer, or a person authorised by the returning officer to prepare the ballot paper, or
(ii) an official mark,
(c) ballot papers containing writing or another mark that the returning officer considers could enable the voter to be identified,
(d) ballot papers that have not been completed in accordance with the directions shown on the ballot paper.
(5) The returning officer must not reject a ballot paper for containing writing or another mark that is not authorised or required by this part, other than in the circumstance specified in subsection (4)(c), if the intention of the voter may be ascertained by the returning officer.
(6) The result of the poll is determined based on the following—
(a) the number of votes accepted in the poll,
(b) the number of votes in favour of the question on which the poll is being taken,
(c) the number of votes against the question,
(d) the number of ballot papers rejected.
37
Notice of result
37 Notice of result
37 Notice of result
As soon as practicable after the result of a poll is determined, the returning officer must give the Minister and the appropriate officer written notice of the result.
Division 3
Elections
Division 3 Elections
Division 3 Elections
pt.3-div.3-sdiv.1
Calling of election
pt.3-div.3-sdiv.1 Calling of election
Subdivision 1 Calling of election
38
Notice of election
38 Notice of election
38 Notice of election
(1) As soon as practicable after it is determined an election must be held, the appropriate officer must give notice of the election to the returning officer.
(2) The returning officer must publish notice of the election in a way the returning officer is satisfied is likely to bring the election to the attention of the relevant constituents.
(3) The returning officer must send notice of the election to the address of each person included in the preliminary roll for the election.
(4) The notice must include the following—
(a) the committee and area of operations or electoral district to which the election relates,
(b) the number of candidates required to be elected,
(c) how an application for nomination of a candidate may be lodged,
(d) qualifications for nominating, or being nominated as, a candidate,
(e) the close of nominations.
(5) The close of nominations must be at least 21 days, but no more than 28 days, after notice of the election is given.
39
Postponement of close of nominations
39 Postponement of close of nominations
39 Postponement of close of nominations
(1) The returning officer may, by publication of a notice, postpone the close of nominations for no more than 14 days.
(2) The notice must be published in the same way as the notice of the election must be published under section 38.
pt.3-div.3-sdiv.2
Nomination of candidates
pt.3-div.3-sdiv.2 Nomination of candidates
Subdivision 2 Nomination of candidates
40
Qualification for nomination
40 Qualification for nomination
40 Qualification for nomination
A person belonging to the class of primary producers for which a committee is constituted is qualified to be nominated as a candidate for election to the committee.
41
Nomination of candidates
41 Nomination of candidates
41 Nomination of candidates
(1) A nomination for a candidate must be—
(a) in the approved form, and
(b) made on behalf of at least 6 other persons entitled to vote in the election, and
(c) given to the returning officer before the close of nominations.
(2) A nomination must not be made without the consent of the candidate.
(3) If the returning officer determines that an insufficient number of persons have nominated the candidate under subsection (1)(b), the returning officer must, as soon as practicable, give notice of the determination to the candidate.
(4) In determining whether at least 6 persons entitled to vote in the election have nominated the candidate, the returning officer may ask the appropriate officer for information relating to the persons.
(5) The appropriate officer must comply with a request made under subsection (4) as soon as practicable.
(6) A person nominated as a candidate may, by written notice given to the returning officer before the close of nominations, withdraw the nomination.
42
Uncontested elections
42 Uncontested elections
42 Uncontested elections
If the number of candidates after the close of nominations does not exceed the number of persons required to be elected, each of the candidates is taken to be elected.
43
Contested elections
43 Contested elections
43 Contested elections
A ballot must be held if the number of candidates after the close of nominations exceeds the number of persons required to be elected.
44
Candidate information sheets
44 Candidate information sheets
44 Candidate information sheets
(1) A candidate may, before the close of nominations, give the returning officer information to be included in a candidate information sheet.
(2) The information must be given in the approved form.
(3) If a ballot must be held, the returning officer must prepare a candidate information sheet that includes the information given by candidates.
(4) The returning officer may decide not to include information given by a candidate if the returning officer considers—
(a) the information is false or misleading, or
(b) the information is inappropriate to include, or
(c) there is too much information to include.
(5) If the returning officer decides not to include a candidate’s information in the candidate information sheet, the returning officer must—
(a) give the candidate notice of the decision, including reasons for the decision, and
(b) give the candidate 7 days to give additional information.
(6) If the candidate does not give the returning officer additional information under subsection (5) that the returning officer considers suitable to include, no information about the candidate may be included in the candidate information sheet.
(7) If a candidate does not give information to the returning officer under subsection (1), the returning officer may include in the candidate information sheet the words “NO INFORMATION RECEIVED” for the candidate.
(8) The names of the candidates must be listed on the candidate information sheet in the same order as they are listed on the ballot paper for the election.
pt.3-div.3-sdiv.3
Calling of ballot
pt.3-div.3-sdiv.3 Calling of ballot
Subdivision 3 Calling of ballot
45
Preparation of preliminary roll
45 Preparation of preliminary roll
45 Preparation of preliminary roll
(1) As soon as practicable after it is determined a ballot must be held for an election, the returning officer must give notice of the ballot to the appropriate officer.
(2) The appropriate officer must give the returning officer—
(a) a preliminary roll, and
(b) for each person included in the roll—an appropriately addressed label or envelope or an electronic version of the label or envelope.
(3) The preliminary roll must include the full names, in alphabetical order and consecutively numbered, and addresses of—
(a) for the first election for a committee with an area of operations that is not divided into electoral districts—the persons included in the final roll for the relevant poll held under the Act, section 4(2)(b), or
(b) for other elections for a committee with an area of operations that is not divided into electoral districts—the committee’s constituents, or
(c) for the first election for an electoral district—the persons who, in the Secretary’s opinion, are entitled to vote in the election, or
(d) for other elections for an electoral district—the committee’s constituents who are entitled to vote in elections for the district.
(4) The preliminary roll must also include—
(a) if a primary producer has nominated a nominee—the full name and address of the nominee listed next to the primary producer, and
(b) if the committee’s foundation regulation provides for different voting entitlements for the committee’s constituents—the voting entitlements of the constituents.
(5) The preliminary roll must be certified by the appropriate officer as having been prepared in accordance with this section.
46
Notice of ballot
46 Notice of ballot
46 Notice of ballot
(1) As soon as practicable after the returning officer receives the preliminary roll for an election, the returning officer must publish notice of the ballot in a way the returning officer is satisfied is likely to bring the ballot to the attention of the persons included in the roll.
(2) The returning officer must send notice of the ballot to the address of each person included in the preliminary roll for the election.
(3) The notice must include the following—
(a) the area of operations or electoral district to which the election relates,
(b) the class of primary producers for which the relevant committee is constituted,
(c) the close of exhibition of the preliminary roll,
(d) the close of enrolments,
(e) the close of the ballot,
(f) where copies of the preliminary roll will be exhibited,
(g) the qualifications for voting,
(h) how an application for enrolment or objection against enrolment may be lodged,
(i) a statement that it is compulsory for persons qualified to vote in the election to be enrolled in the final roll for the election.
(4) The close of exhibition of the preliminary roll must be at least 14 days after notice of the ballot is published.
(5) The close of enrolments must—
(a) not be earlier than the close of exhibition of the preliminary roll, and
(b) be at least 14 days before the close of the ballot.
(6) The close of the ballot must be at least 28 days after notice of the ballot is published.
47
Postponements
47 Postponements
47 Postponements
(1) The returning officer may, by publication of a notice, postpone the following for no more than 14 days—
(a) the close of exhibition of the preliminary roll,
(b) the close of enrolments,
(c) the close of the ballot.
(2) The notice must be published in the same way as the notice of the ballot must be published under section 46.
pt.3-div.3-sdiv.4
Preparation of final roll
pt.3-div.3-sdiv.4 Preparation of final roll
Subdivision 4 Preparation of final roll
48
Exhibition of preliminary roll
48 Exhibition of preliminary roll
48 Exhibition of preliminary roll
The returning officer must exhibit the preliminary roll in accordance with section 46(3)(f) for at least 14 days ending at the close of exhibition of the preliminary roll.
49
Qualifications for voting
49 Qualifications for voting
49 Qualifications for voting
A person is qualified to vote in an election if the person belongs to the class of primary producers for which the relevant committee is constituted.
50
Nomination of nominees
50 Nomination of nominees
50 Nomination of nominees
(1) A primary producer that is 1 of the following must, by written notice, nominate an individual to be enrolled in the final roll for, and vote on behalf of the primary producer in, an election—
(a) a corporation, partnership or trustee,
(b) a legal representative for a person or a person’s estate.
(2) The individual is entitled to vote in the election as the nominee of the primary producer if the returning officer is satisfied that—
(a) the individual has been nominated by the primary producer to vote on behalf of the primary producer, and
(b) the individual is not enrolled in the final roll for the election in another capacity.
(3) The primary producer may nominate only 1 nominee under this section.
(4) A nomination under this section is revoked and replaced by a later nomination.
(5) In this section—
partnership includes—
(a) a party to a share-farming agreement, and
(b) a group of persons who, in the returning officer’s opinion, are engaged in a single enterprise for the growing, raising or production for sale of a primary product, regardless of whether one or more of the persons form a legal entity.
51
Enrolment in final roll compulsory
51 Enrolment in final roll compulsory
51 Enrolment in final roll compulsory
Each person who is qualified to vote in an election, including an individual nominated to vote under section 50, must be enrolled in the final roll for the election.
52
Applications for enrolment
52 Applications for enrolment
52 Applications for enrolment
(1) A person qualified to vote in an election who is not included in the preliminary roll must apply for enrolment in the final roll for the election.
(2) The application for enrolment must be—
(a) in the approved form, and
(b) given to the returning officer before the close of enrolments.
(3) If the returning officer is satisfied that the applicant is qualified to vote, the returning officer must enter the following in the final roll for the election—
(a) the full name and address of the applicant,
(b) if the committee’s foundation regulation provides for different voting entitlements for the committee’s constituents—the voting entitlement of the applicant.
(4) If the returning officer is not satisfied that the applicant is qualified to vote, the returning officer must—
(a) reject the application, and
(b) give the applicant written notice of the rejection, including reasons for the rejection.
(5) If the returning officer receives an incomplete application and is satisfied there is sufficient time for the applicant to return a completed application, the returning officer must—
(a) return the application to the applicant for completion, and
(b) consider a completed application returned by the applicant in accordance with this section.
53
Objections about enrolment
53 Objections about enrolment
53 Objections about enrolment
(1) The returning officer or a person entitled to vote in an election may, before the close of enrolments, object to—
(a) the inclusion of a person in the final roll, or
(b) the inclusion of a particular voting entitlement for a person in the final roll.
(2) An objection made by a person other than the returning officer (an objector) must be—
(a) in the approved form, and
(b) given to the returning officer.
(3) The returning officer must give particulars of an objection made under this section to the person to whom the objection relates.
(4) The person to whom the objection relates may lodge a written reply with the returning officer within 14 days after receiving particulars of the objection.
(5) The returning officer must consider—
(a) objections made under this section, and
(b) replies lodged under subsection (4).
(6) The returning officer may require an objector, or a person who lodges a reply, to give the returning officer further information required to determine an objection.
(7) The returning officer must accept or reject an objection.
(8) If the returning officer accepts an objection relating to the inclusion of a person in the final roll, the returning officer must—
(a) not include the person’s name in the final roll, and
(b) give the person and the objector written notice that the person’s name will not be included in the final roll.
(9) If the returning officer accepts an objection relating to the inclusion of a particular voting entitlement for a person in the final roll, the returning officer must—
(a) amend the final roll to show the correct voting entitlement, and
(b) give the person and the objector written notice that the person’s voting entitlement has been amended.
(10) If the returning officer rejects an objection, the returning officer must give the objector and the person to whom the objection relates written notice of the rejection.
54
Effect of postponements
54 Effect of postponements
54 Effect of postponements
The validity of the final roll for an election is not affected by the postponement of the close of the ballot.
pt.3-div.3-sdiv.5
Ballot
pt.3-div.3-sdiv.5 Ballot
Subdivision 5 Ballot
55
Voting optional
55 Voting optional
55 Voting optional
Voting in an election is not compulsory.
56
Content and distribution of ballot papers
56 Content and distribution of ballot papers
56 Content and distribution of ballot papers
(1) As soon as practicable after the close of enrolments for an election, the returning officer must—
(a) determine, by random selection, the order in which the candidates’ names will appear on the ballot paper, and
(b) send to each person included in the final roll—
(i) a ballot paper and inner envelope for each vote to which the person is entitled, and
(ii) an outer envelope, and
(iii) a candidate information sheet, if applicable.
(2) The ballot paper must include the following—
(a) the names of the candidates with a square opposite each name,
(b) the number of candidates to be elected,
(c) the date by which the ballot paper must be returned,
(d) either of the following—
(i) the initials of the returning officer, or a person authorised by the returning officer to prepare the ballot paper,
(ii) an official mark.
(3) If the returning officer considers that the names of 2 or more of the candidates are so similar that they are likely to be confused, the returning officer may include in the ballot paper information that the returning officer considers appropriate to distinguish the candidates.
(4) The ballot paper must include a direction that—
(a) the voter must vote by recording consecutive numbers, from “1” up to at least the number of candidates to be elected, in the squares opposite the candidates’ names in the order of the voter’s preference, and
(b) the voter may vote for additional candidates by recording consecutive numbers, starting from the number after the number of candidates to be elected, in the squares opposite the candidates’ names in the order of the voter’s preference.
(5) The ballot paper may include other directions for recording a vote or returning the ballot paper to the returning officer that the returning officer considers appropriate.
57
Duplicate ballot papers
57 Duplicate ballot papers
57 Duplicate ballot papers
(1) A person who receives a ballot paper may request a duplicate ballot paper from the returning officer if the original ballot paper is lost or damaged.
(2) The request must be accompanied by a statutory declaration verifying that—
(a) the original ballot paper is lost or damaged, and
(b) the person has not voted in the election.
(3) The returning officer may, before the close of the ballot, send a duplicate ballot paper and inner and outer envelopes to the person.
(4) The returning officer must keep a record of all duplicate ballot papers sent under this section.
58
Recording votes
58 Recording votes
58 Recording votes
To vote in an election, a person must do the following—
(a) record a vote on each ballot paper in accordance with the directions on the ballot paper,
(b) place each completed ballot paper in a separate inner envelope,
(c) seal each inner envelope,
(d) place each inner envelope in the outer envelope,
(e) seal the outer envelope,
(f) record the person’s full name and address on the back of the outer envelope,
(g) sign the back of the outer envelope,
(h) return the outer envelope to the returning officer so it is received before the close of the ballot.
pt.3-div.3-sdiv.6
Result of election
pt.3-div.3-sdiv.6 Result of election
Subdivision 6 Result of election
59
Determining result of election
59 Determining result of election
59 Determining result of election
The result of an election must be determined by the returning officer as soon as practicable after the close of the ballot.
60
Scrutineers
60 Scrutineers
60 Scrutineers
Each candidate in an election may, by written notice given to the returning officer, appoint 1 scrutineer to represent the candidate for the scrutiny of the election.
61
Rejection of ballot papers
61 Rejection of ballot papers
61 Rejection of ballot papers
(1) The returning officer must reject an outer envelope if—
(a) the envelope is received—
(i) unsealed, or
(ii) after the close of the ballot, or
(b) a name, address or signature is missing from the back of the envelope, or
(c) the person named on the back of the envelope is not included in the final roll for the election.
(2) The returning officer may reject an outer envelope if it appears to the returning officer that the signature on the back of the envelope is not the signature of the person named on the back of the envelope.
(3) For all other outer envelopes, the returning officer must draw a line through the name on the final roll for the election that corresponds to the name on the back of the envelope.
(4) The returning officer must not open an outer envelope in determining whether to reject the envelope.
62
Scrutiny of votes
62 Scrutiny of votes
62 Scrutiny of votes
(1) As soon as practicable after the close of the ballot, the returning officer must, in the presence of the appointed scrutineers, scrutinise the votes in the election in accordance with this section.
(2) The returning officer must—
(a) open each outer envelope accepted for scrutiny, and
(b) remove the inner envelopes from the outer envelope, and
(c) record the number of inner envelopes beside the name on the final roll for the election that corresponds to the name on the back of the outer envelope, and
(d) remove the ballot papers from the inner envelopes, and
(e) examine each ballot paper, and
(f) count the votes and determine the result of the election.
(3) If there are more inner envelopes in the outer envelope than the number of votes to which the person is entitled in accordance with the committee’s foundation regulation, the returning officer must reject all the inner envelopes.
(4) The returning officer must reject the following—
(a) all ballot papers in an inner envelope if the envelope contains more than one ballot paper,
(b) ballot papers that do not include—
(i) the initials of the returning officer, or a person authorised by the returning officer to prepare the ballot paper, or
(ii) an official mark,
(c) ballot papers containing writing or another mark that the returning officer considers could enable the voter to be identified,
(d) ballot papers that have not been completed in accordance with the directions shown on the ballot paper.
(5) The returning officer must not reject a ballot paper for containing writing or another mark that is not authorised or required by this part, other than in the circumstance specified in subsection (4)(c), if the intention of the voter can be ascertained by the returning officer.
(6) Despite subsection (4)(d), a ballot paper must not be rejected if the voter recorded the number “1” in a square opposite a candidate’s name and—
(a) recorded the same number, other than “1”, for more than one candidate on the ballot paper, or
(b) did not use consecutive numbers to record their vote.
63
Counting of votes
63 Counting of votes
63 Counting of votes
(1) The result of an election must be determined by the returning officer—
(a) for the election of 1 member—using the same method as in the Constitution Act 1902, Seventh Schedule, Part 2, and
(b) for the election of 2 or more members—using the same method as in the Constitution Act 1902, Sixth Schedule, Part 2.
(2) A reference in the provisions referred to in subsection (1) to a returning officer or a Council returning officer is taken to be a reference to the returning officer under this part.
(3) The quota referred to in the provisions referred to in subsection (1) must be determined by—
(a) dividing the number of first preference votes for all candidates by 1 more than the number of candidates to be elected, and
(b) increasing that quotient, disregarding any remainder, by 1.
64
Notice of result
64 Notice of result
64 Notice of result
As soon as practicable after the result of an election is determined, the returning officer must give the Minister and the appropriate officer written notice of the candidates elected.
Division 4
General
Division 4 General
Division 4 General
65
Death of a candidate
65 Death of a candidate
65 Death of a candidate
If a candidate dies after the close of nominations but before the close of the ballot—
(a) the returning officer must publish notice of the death in a way the returning officer is satisfied is likely to bring the candidate’s death to the attention of the relevant voters, and
(b) the election is void and must be held again in accordance with Division 3.
66
Single roll for polls and elections
66 Single roll for polls and elections
66 Single roll for polls and elections
(1) If the same voting entitlements apply for a poll and an election, a single roll may be prepared and used for the poll and election.
(2) If a single roll is used—
(a) an application for enrolment in the roll may be made under section 25 or 52, and
(b) an objection to the inclusion of a person, or a particular voting entitlement for a person, in the final roll may be made under section 26 or 53.
67
Offences
67 Offences
67 Offences
A person must not—
(a) vote, or attempt to vote, more times than the person’s voting entitlement allows in a poll or election, or
(b) vote, or attempt to vote, in a poll or election in which the person is not entitled to vote, or
(c) apply for enrolment in a poll or election if the person is already enrolled in the final roll for the poll or election.
Maximum penalty—1 penalty unit.
68
Expenses for polls and elections
68 Expenses for polls and elections
68 Expenses for polls and elections
(1) A returning officer must, before conducting a poll or election, give the relevant committee an estimate of the expenses likely to be incurred by the returning officer in conducting the poll or election.
(2) The committee must, before the poll or election, pay the returning officer an amount equal to the estimate.
(3) The committee must, after the poll or election, pay the returning officer the amount, if any, by which the actual expenses incurred in conducting the poll or election exceed the estimate.
(4) The returning officer must refund to the committee any amount by which the estimate exceeds the actual expenses incurred in conducting the poll or election.
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
69
Declaration of recognised foundation instrument
69 Declaration of recognised foundation instrument
69 Declaration of recognised foundation instrument
(1) For the Act, section 32D(1), the Murray Valley Wine Grape Industry Development (ExtraTerritorial) Order 2020 made under the Agricultural Industry Development Act 1990 of Victoria, section 8 is declared to be a recognised foundation instrument.
(2) For the Act, section 32D(3), the instrument referred to in subsection (1) is declared to apply in relation to—
(a) the local government areas of Balranald, Wakool and Wentworth, and
(b) all varieties of grapes grown in the areas for processing into wine, must, juice or wine spirit, and
(c) all primary producers of the commodity specified in paragraph (b).
(3) The reference in subsection (2)(a) to the local government area of Wakool is a reference to the part of the local government area of Murray River that consists of the local government area of Wakool as constituted immediately before the commencement of the Local Government (Council Amalgamations) Proclamation 2016.
70
Content and publication of register of constituents
70 Content and publication of register of constituents
70 Content and publication of register of constituents
(1) For the Act, section 51(1)(d), a committee’s register of constituents must include the following—
(a) the full name and address of each constituent,
(b) for each nominee—
(i) the full name and address of the nominee, and
(ii) the constituent who made the nomination,
(c) if the committee’s foundation regulation provides for different voting entitlements for the committee’s constituents—the voting entitlement of each constituent,
(d) for a committee with an area of operations divided into electoral districts—the electoral district in which each constituent is entitled to vote.
(2) A committee must publish the committee’s register of constituents on the committee’s website.
(3) In this section—
nominee has the same meaning as in Part 3.
71
Savings
71 Savings
71 Savings
(1) An act, matter or thing that, immediately before the repeal of the repealed regulation, had effect under the repealed regulation continues to have effect under this regulation.
(2) If notice of an election is given to the returning officer under the repealed regulation, clause 39(1) before 1 September 2024, the election must be carried out in accordance with the repealed regulation, as in force immediately before 1 September 2024, despite the repeal.
(3) For the purposes of the election under subsection (2), the Wine Grapes Marketing Board, referred to in the repealed regulation, clause 5, may be referred to as Riverina Winegrape Growers.
(4) A reference in a document to the Wine Grapes Marketing Board is taken to be a reference to Riverina Winegrape Growers.
This regulation is the Agricultural Industry Services Regulation 2024.
2 Commencement
2 Commencement
2 Commencement
This regulation commences on 1 September 2024.
Note—
This regulation replaces the Agricultural Industry Services Regulation 2015, which is repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
3 Definitions
3 Definitions
In this regulation—
appropriate officer, for Part 3—see section 15.
approved form, for Part 3—see section 15.
close of enrolments, for Part 3—see section 15.
close of exhibition of the preliminary roll, for Part 3—see section 15.
close of nominations, for Part 3—see section 15.
close of the ballot, for Part 3—see section 15.
close of the poll, for Part 3—see section 15.
Committee, for Part 2—see section 4.
election, for Part 3—see section 15.
final roll, for Part 3—see section 15.
grower, for Part 2—see section 4.
inner envelope, for Part 3—see section 15.
MIA wine grapes, for Part 2—see section 4.
nominee, for Part 3—see section 15.
official mark, for Part 3—see section 15.
outer envelope, for Part 3—see section 15.
poll, for Part 3—see section 15.
preliminary roll, for Part 3—see section 15.
returning officer, for Part 3—see section 15.
the Act means the Agricultural Industry Services Act 1998.
winery, for Part 2—see section 4.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Riverina Winegrape Growers—the Act, ss 5(1)(a) and 6
Part 2 Riverina Winegrape Growers—the Act, ss 5(1)(a) and 6
Part 2 Riverina Winegrape Growers—the Act, ss 5(1)(a) and 6
Third, the Regulation makes two miscellaneous but consequential provisions. It declares the Murray Valley Wine Grape Industry Development (ExtraTerritorial) Order 2020 (Victoria) to be a “recognised foundation instrument” for certain NSW local government areas and primary producers, and specifies the geographic and commodity scope of that declaration (s 69). It also prescribes the content of a committee’s register of constituents and requires the Committee to publish the register on its website (s 70). Transitional savings preserve acts and election notices under the repealed 2015 regulation (s 71).
Mechanically, the Regulation creates a statutory architecture: who votes, how voting rolls are prepared and vetted, how ballots are issued, what a committee is authorised to do on industry matters, and the financial obligation of a committee to pay returning officer expenses (s 68). Where the Regulation allows divergence, the Committee’s foundation regulation prevails over Part 3 to the extent of inconsistency (s 17). The Regulation also imposes limited criminal sanctions (a maximum one penalty unit) for specified voting offences (s 67).
Main concepts
This Regulation builds on a handful of recurrent administrative and electoral concepts and ties them to the industry-specific function of an agricultural industry services committee. Key concepts are defined and reiterated across Parts 2-4; the definitions in Part 1 and Part 3 (s 3, 15) are integral to operation.
Constituency and commodity. The Committee’s constituency is a defined class of primary producers: growers within the specified area who harvested more than 20 tonnes (20t) of MIA wine grapes in the previous calendar year, with express exclusions for growers who are also wineries, corporations in which a winery has a controlling interest, and certain individual directors who supply fully to the winery (s 4, 7). The commodity is MIA wine grapes, defined by use (processing into wine, must, juice or wine spirit) rather than variety (s 4, 8). The definition ties membership and voting rights to production thresholds and ownership/vertical-integration criteria.
Agricultural industry services. The Committee’s services are defined in s 9 and are industry-development, market information and representation functions: drafting a code of conduct for contract negotiations; drafting suggested contract terms including pricing and payment terms; promoting private contracting; collecting and publishing market/indicator price information; plant health R&D; education and training; promotion of wine made from the commodity; promotion of regional industry and representation on those matters (s 9(a)-(i)). These are non-coercive powers; the Regulation does not create statutory price-fixing but it authorises drafting of contract provisions and publication of indicator prices.
Electoral mechanics and enrolment. Part 3 treats polls and elections as agricultural industry services (s 16). It supplies a full electoral framework: roles (appropriate officer, returning officer), roll preparation and certification (preliminary and final rolls) (ss 15, 18, 45), exhibition (14-day minimums) (ss 21, 48), compulsory enrolment in final rolls for persons qualified to vote (ss 24, 51), nomination rules (candidates require written nominations by at least six other voters) (s 41), nominee mechanisms allowing corporations, partnerships or legal representatives to nominate an individual to vote on their behalf (ss 23, 50), postal-style voting procedures with inner and outer envelopes and signature verification (ss 29-32, 35-36, 56-58, 61-62), duplicate ballot processes requiring statutory declarations (ss 31, 57) and counting rules that reference established methods from the Constitution Act 1902 (s 63). Voting is optional at the ballot box level, but enrolment is compulsory if qualified (ss 28, 55, 24, 51).
Discretion and decision points. Multiple provisions vest discretion in the returning officer or appropriate officer: how notices are published (ss 19(1), 38(2), 46(1)); whether to accept enrolment applications (ss 25(3)-(4), 52(3)-(4)); acceptance or rejection of objections (ss 26(7)-(10), 53(7)-(10)); appointment of scrutineers (ss 34, 60); selection of candidate name order by random draw (s 56(1)(a)); inclusion or exclusion of candidate-provided information (s 44). Several decision points must be accompanied by written notice and reasons where rejection occurs (ss 25(4), 44(5), 52(4)).
Financial allocation. The Regulation allocates poll/election costs to the relevant committee: before conducting a poll or election the returning officer provides an estimate; the committee pays that estimate before the poll/election; post-event, the committee pays any excess and receives a refund if the estimate exceeds actual expenses (s 68). This makes committees financially responsible for administration costs.
Foundation instruments and inter-jurisdictional recognition. The Regulation declares an external instrument from Victoria as a recognised foundation instrument for certain NSW areas and varieties (s 69). The Regulation also explicitly preserves acts done under the repealed 2015 regulation (s 71), making the transition administratively continuous.
Offences and remedies. The regulation prescribes three discrete voting offences (double voting, voting when not entitled, applying for enrolment when already enrolled) carrying a maximum penalty of one penalty unit (s 67). Other enforcement mechanisms are administrative: rejection of envelopes, exclusion from final rolls, voiding of elections in specific events such as candidate death between nomination close and ballot close (s 65).
Together, these concepts unpack how membership, governance, electoral legitimacy and administrative costs are organised for Riverina Winegrape Growers and related polls and elections under the Act.
Who it affects
The Regulation identifies a narrow class of affected persons and a wider set of administrative actors. The parties who face direct obligations or consequences are:
Growers (constituents): The primary class affected is growers of MIA wine grapes in the Committee’s area of operations who harvested more than 20 tonnes in the previous calendar year (s 7(1)). That threshold creates a bright-line participation qualification for enrolment and voting. Growers who are also wineries, corporations controlled by a winery, or specified individual directors who supply only the winery are excluded from that class (s 7(2)). The Regulation therefore directly shapes who has a vote, who may stand for election (s 40), and who is entitled to representation and industry services under s 9.
Nominees: Corporations, partnerships, trustees and legal representatives must nominate an individual to be enrolled and to vote on their behalf (ss 23, 50). The nominee’s entitlement is contingent on the returning officer being satisfied the nomination is valid and that the individual is not enrolled in another capacity (ss 23(2), 50(2)). This affects entities that do not vote in their own legal name.
Committee members and candidates: People seeking election as one of the five elected members are affected by nomination requirements, the order-draw for ballot papers, candidate information inclusion rules and scrutiny/counting rules (ss 41, 56, 44, 62-63). Once elected, five members appoint two additional members (s 10).
Wineries and vertically integrated entities: The Regulation excludes from the grower class those who are also wineries or corporations controlled by a winery (s 7(2)(a)-(b)). For such entities, that exclusion removes the entitlement to be a constituent grower for voting purposes, though the Committee’s services (s 9) remain industry-facing and include interaction with organisations representing wineries (s 9(g)).
Committee as corporate entity: Riverina Winegrape Growers as an incorporated agricultural industry services committee is constituted under s 5. It has duties to maintain a register of constituents and publish the register on the committee’s website (s 70(1)-(2)). It is also required to pay the returning officer’s estimated expenses before a poll or election and to cover any excess after the event (s 68).
Returning officers and appropriate officers: The returning officer (Electoral Commissioner for NSW or nominee) has operational responsibilities for notices, roll exhibition, issuing ballot papers, determining results, appointing scrutineers and rejecting invalid ballots (Part 3, ss 15, 18-37, 38-64). Appropriate officers (the Secretary or the committee chair for particular polls/elections) must provide preliminary rolls and labels/envelope information and certify rolls (s 15, 18, 45).
Minister and Secretary: The Minister can direct a poll, and the returning officer must notify the appropriate officer when a poll is to be held (s 18(1)). The Secretary is an “appropriate officer” in several contexts and supplies rolls and information where required (s 15).
Members of the public/industry: Because the Committee is authorised to collect and publish market and indicator price information, and to promote regional industry and wine from the commodity (s 9(d), (g)-(h)), local wineries, traders, consultants and market participants may be affected indirectly by information releases and codes of conduct.
Persons with privacy or commercial concerns: The register requirement obliges the Committee to publish constituent names and addresses, nominee names and the link to the nominating constituent, and voting entitlements (s 70(1)-(2)). This imposes a publication obligation that affects privacy, confidentiality and commercial information practices of constituents and nominees.
Candidates and scrutineers: Candidate information sheet rules and scrutineer appointment provisions affect campaign communications and oversight of the count (ss 44, 34, 60).
The Regulation thereby concentrates procedural and financial obligations on the Committee and operational control on the returning officer, while concentrating voting rights among a defined subset of growers determined by production thresholds and structural exclusions. The returning officer’s procedural discretions and the publication of register details have immediate compliance and reputational implications for constituents and nominees.
Key duties and rights
This Regulation allocates duties to officers and organisational actors and creates specific rights for constituents and candidates. The following are the principal duties and rights, with section references.
Duties of the Committee and obligations on constituents
Maintain and publish register of constituents: The Committee must include required fields (full name and address of each constituent; for each nominee, the nominee’s full name and address and the constituent who nominated them; voting entitlements where applicable; and electoral district where relevant) and publish the register on the committee’s website (s 70(1)-(2)). This is an ongoing publication duty.
Pay poll/election expenses: Prior to a poll/election the Committee must receive an estimate from the returning officer and pay that amount before the poll/election. The Committee must pay any excess after the event and receive any refund where the estimate exceeded actual expenses (s 68(1)-(4)). This is a cashflow and administrative duty.
Duties of the returning officer and appropriate officer
Notify and conduct: The returning officer must publish notices for polls and elections in a manner likely to bring them to the attention of constituents, send notices to persons on the preliminary roll, and determine results as soon as practicable after close (ss 19(1)-(3), 38(2)-(4), 37, 64). The returning officer must also send ballot papers and envelopes after close of enrolments and manage scrutiny and counting (ss 29, 56, 36, 62, 63).
Prepare and certify rolls: The appropriate officer must provide preliminary rolls and addressed labels/envelopes, and certify the roll was prepared in accordance with the Regulation (ss 18(2)-(4), 45(2)-(5)).
Exercise administrative discretion with process obligations: The returning officer may accept or reject enrolment applications, consider objections and replies, strike names, reject ballots under specified grounds, and appoint scrutineers (ss 25-26, 35-36, 34, 60). For rejections, the returning officer must provide written notice with reasons in some instances (ss 25(4), 52(4), 44(5)).
Rights of constituents and candidates
Right to be enrolled and to vote when qualified: Persons who meet the qualifications are entitled to be enrolled in the final roll (enrolment is compulsory for those qualified) and to receive ballot packs for each vote to which they are entitled (ss 22, 24, 51, 29(1), 56(1)(b)). The Regulation provides for nominees: corporations, partnerships, trustees and legal representatives must nominate an individual to vote on their behalf (ss 23, 50).
Right to object and to reply: Any person entitled to vote or the returning officer may object to inclusion in the final roll; objectors must use approved forms; the person to whom an objection relates is entitled to be given particulars and to lodge a written reply within set timeframes (ss 26, 53).
Right to participate in campaigns: Candidates may provide information for a candidate information sheet that the returning officer must include unless the returning officer decides not to do so on prescribed grounds; if excluded, candidates receive reasons and an opportunity to supplement (s 44).
Right to appoint scrutineers: In polls, persons with an interest can apply to be appointed as scrutineers; in elections each candidate may appoint one scrutineer (ss 34, 60). Scrutineers are present during scrutiny to observe (ss 36(1), 62(1)).
Procedural duties and protections during voting
Ballot paper content and marking rules: The returning officer must include specific content on ballot papers (question with YES/NO for polls; candidate names and numbering directions for elections) and may include information sheets for balanced argument presentation (ss 29(2), 30, 56(2)-(4)).
Envelope and signature rules: Voters must follow detailed steps to record votes, place each ballot in separate inner envelopes, seal and return with full name, address and signature on the back of the outer envelope (ss 32, 58). The returning officer must not open an outer envelope to determine rejection; rejection grounds for outer envelopes are spelled out (ss 35(4), 61(4)).
Duplicate ballot and statutory declaration process: If a ballot paper is lost or damaged, a duplicate may be issued provided a statutory declaration is supplied and the returning officer is satisfied (ss 31, 57).
Administrative constraints and precedence
Foundation regulation prevails: Where a committee has a foundation regulation inconsistent with Part 3, the foundation regulation prevails (s 17). That gives primacy to localised foundation rules where they exist for the Committee.
Single roll option: If voting entitlements are the same for a poll and an election, a single roll may be prepared and used; applications and objections may be made under either set of roll provisions (s 66).
Penalties
Voting offences attract a maximum penalty unit: Specific offences are listed (voting more times than entitlement, voting when not entitled, applying for enrolment when already enrolled) with a maximum penalty of one penalty unit (s 67). Most compliance and enforcement actions under the Regulation are administrative rather than criminal.
Taken together, the Regulation puts operational duties on the returning officer and the Committee, imposes enrolment and procedural duties on constituents and nominees, creates rights to notice, objection and scrutiny, and assigns financial responsibility to the Committee for election administration.
Penalties and enforcement
The Regulation relies primarily on administrative enforcement mechanisms, backed by a limited set of criminal penalties. The enforcement architecture is structured around the returning officer’s procedural powers and the Committee’s financial and publication obligations.
Criminal penalties
Discrete offences with low maximum penalty: Section 67 specifies three offences: voting or attempting to vote more times than entitlement; voting or attempting to vote when not entitled; and applying for enrolment if the person is already enrolled in the final roll for that poll or election. Each offence carries a maximum penalty of one penalty unit. The Regulation does not specify other criminal sanctions, higher fines, or custodial penalties for electoral misconduct. Administrative rejection of envelopes or ballots is the primary practical means of excluding improper votes (s 35, s 61).
Administrative enforcement by returning officer
Rejection of envelopes and ballots: The returning officer has explicit powers to reject outer envelopes that are unsealed, received after close, missing name/address/signature, or where the named person is not on the final roll (ss 35(1), 61(1)). The returning officer may also reject an outer envelope if signature appears forged or not genuine (ss 35(2), 61(2)). In scrutiny, the returning officer must reject inner envelopes if there are more inner envelopes than votes permitted for that person, reject all ballot papers in an inner envelope containing multiple ballot papers, reject ballot papers lacking the returning officer’s initials or an official mark, and reject ballot papers containing marks likely to identify the voter (ss 36(3)-(4), 62(3)-(4)). The returning officer must not open an outer envelope to decide whether to reject it (ss 35(4), 61(4)). These powers exclude votes from the count without criminal prosecution.
Objection process and roll management: The returning officer may accept or reject objections to enrolment (ss 26, 53). Where an objection is accepted, the returning officer must omit the person’s name from the final roll or amend voting entitlements and notify the parties involved (ss 26(8)-(9), 53(8)-(9)). Where an objection is rejected, the returning officer must notify both the objector and the person concerned (ss 26(10), 53(10)). The returning officer can require further information from objectors or those lodging replies (ss 26(6), 53(6)).
Procedural discretion with reasons: In some contexts where the returning officer excludes information (for candidate information sheets) or refuses enrolment, the returning officer must provide written notice including reasons (s 25(4), 44(5), 52(4)). That provides a limited transparency obligation tied to administrative decisions.
Financial enforcement
Pre-payment and post-event reconciliation: The Regulation requires a returning officer to give an estimate of election expenses; the Committee must pay that estimate before the poll/election and must pay any excess after the poll. The returning officer must refund any overpayment (s 68(1)-(4)). This is an enforcement-by-finance mechanism: the Committee cannot proceed without meeting the administrative cost requirement.
Void election
Death of a candidate: If a candidate dies after close of nominations but before close of ballot, the returning officer must publish notice, and the election is declared void and must be re-run in accordance with Division 3 (s 65). This is an automatic procedural remedy that voids a contest rather than punishing actors.
Limited explicit review or appeal provisions in the Regulation
No express appeal tribunal or judicial review mechanism described: The Regulation details objection, nomination withdrawal and notification procedures, and requires written reasons in some cases. It does not, however, set out an internal appeal body or a statutory right of appeal from the returning officer’s decisions within the Regulation itself. Where objections are accepted or rejected the returning officer gives written notices; absence of a specified appeal process in the Regulation means standard administrative law remedies (external judicial review) would be the implied route, but the Regulation does not address those pathways.
Practical enforcement balance
Administrative exclusion as primary tool: The Regulation gives the returning officer extensive procedural powers to control who votes (by roll management and envelope rejection) and how votes are counted, while reserving a small suite of criminal offences with a low maximum penalty (s 67). The financial obligation of the Committee to pay election costs (s 68) further enforces compliance through budgetary constraints. The Regulation requires publication and notice in multiple steps (notices of poll, exhibition periods, post-result notices) (ss 19, 21, 37, 38, 46, 64), producing administrative visibility that supports procedural enforcement.
In sum, enforcement is primarily administrative and preventative, focusing on controlling enrolment, ballot validity and cost responsibility; criminal penalties are limited and narrow in scope.
How it interacts with other laws
The Regulation is expressly framed as subsidiary to and operable alongside the Agricultural Industry Services Act 1998 (the Act) and other named instruments. It provides procedural detail and committee-specific rules under the Act. The Regulation also interacts with or references other instruments and statutes; the text sets precedence rules and recognitions.
Relationship with the Act and foundation regulations
Foundation regulation precedence: The Regulation states that a committee’s foundation regulation prevails over Part 3 to the extent of any inconsistency (s 17). That means foundation regulations specific to a committee can displace the polling and election procedures prescribed in Part 3. The Regulation itself is the foundation regulation for Riverina Winegrape Growers for the purpose of the Act (s 5(3)). Practically, where a local foundation regulation differs, the local foundation regulation governs electoral mechanics for that committee.
Definitions and cross-references to other Acts
Definitions refer to the Act and other statutes: The Regulation identifies "the Act" as the Agricultural Industry Services Act 1998 (s 3). Part 3 also references the Electoral Act 2017 for the concept of an “official mark” (s 15). Counting methods for elections are linked to the Constitution Act 1902 (s 63). These cross-references import external definitions, marks and counting methods into the regulatory framework and anchor the Regulation to established electoral standards.
Recognition of an external instrument
Extraterritorial recognition: Section 69 declares the Murray Valley Wine Grape Industry Development (ExtraTerritorial) Order 2020 made under Victoria’s Agricultural Industry Development Act 1990 to be a recognised foundation instrument for certain NSW local government areas (Balranald, Wakool (part), Wentworth) and for all grape varieties grown in those areas for processing into wine, must, juice or wine spirit (s 69(1)-(2)). This is an explicit cross-jurisdictional application of a Victorian instrument to specified NSW areas, for purposes of the Act’s section 32D(1) and (3), which deal with recognised foundation instruments. The Regulation therefore creates an inter-jurisdictional rule, making Victoria’s instrument applicable in limited NSW contexts.
Transitional and savings provisions
Continuity with repealed regulation: The Regulation replaces the Agricultural Industry Services Regulation 2015 and expressly preserves effective acts and election notices under the repealed regulation (s 2, 71). Notices of elections given under the repealed regulation before 1 September 2024 are to be carried out under the repealed regulation as in force immediately before repeal (s 71(2)). References to the Wine Grapes Marketing Board in older documents are treated as references to Riverina Winegrape Growers for continuity (s 71(3)-(4)). This ensures administrative continuity and assists in legal interpretation of older documents.
Interplay with privacy and other statutory regimes
Publication obligations vs privacy laws: The Regulation requires publication of the register of constituents on the committee’s website, including names and addresses and nominee details (s 70(1)-(2)). The Regulation does not modify or exempt compliance with broader privacy or information access regimes (for example, the Privacy Act at commonwealth level or any state equivalents). The regulation’s requirement to publish personal addresses may therefore interact with and require attention to those laws, though the Regulation itself does not canvass exemptions or conflicts.
Electoral codes and marks
Official mark and Electoral Act links: Ballot papers must include either the initials of the returning officer or an official mark as prescribed under the Electoral Act 2017, s 165(3)(c) (s 29(2)(c), s 56(2)(d)(i)-(ii)). The Regulation therefore imports, by reference, standards from the Electoral Act to validate ballot papers and deter fraud.
Counting methods and constitutionally linked procedures
Counting methods borrowed from Constitution Act 1902: For single-member elections and multi-member elections the Regulation requires use of the constitutional counting methods from the Constitution Act 1902 schedules (s 63). A reference to “returning officer” in those provisions is read to mean the returning officer under this part (s 63(2)). This anchors counting procedures in a long-established statutory method, creating alignment with state electoral norms.
In sum, the Regulation is designed to work within the parent Act, to be subject to a committee’s foundation regulation where that exists, to adopt existing electoral practices from other statutes, and to recognise an external Victorian foundation instrument for specified localities. It imposes publication and administrative duties that may require concurrent compliance with privacy and information laws not spelled out in the Regulation.
Amendment history
This Regulation is presented as a replacement instrument and its immediate amendment history is limited and specific in the text provided.
Repeal and replacement: The Regulation replaces the Agricultural Industry Services Regulation 2015, which is repealed on 1 September 2024 by operation of the Subordinate Legislation Act 1989, s 10(2), and the new Regulation commences on 1 September 2024 (s 2; note). The Regulation explicitly provides transitional savings to maintain legal continuity for acts and election notices under the repealed regulation (s 71).
Savings and transitional references: Section 71 contains savings provisions which preserve acts, matters and things that immediately before repeal had effect under the repealed regulation (s 71(1)). It directs that elections for which notice had been given under the repealed regulation before 1 September 2024 are to be carried out in accordance with the repealed regulation as in force immediately before repeal (s 71(2)). In that context, it allows for substitutional references where the repealed regulation mentioned the Wine Grapes Marketing Board, treating that as a reference to Riverina Winegrape Growers to avoid interpretive gaps (ss 71(3)-(4)). This is standard drafting to avoid dead-letter transitional problems.
Recognition of another instrument: Section 69 declares the Murray Valley Wine Grape Industry Development (ExtraTerritorial) Order 2020 (a Victorian instrument) to be a “recognised foundation instrument” for the purposes of the Act (s 69(1)), and declares its application to specified NSW local government areas and commodity varieties (s 69(2)). This is not framed as an amendment to the Regulation itself but as a declaratory step affecting the operation of the Act in specified areas.
No amendments recorded within the text supplied: The Regulation itself contains no schedule of amending acts or listed historic variations beyond the express repeal of the 2015 regulation and the savings clause. No subsequent amending provisions, commencement staggered dates, or interim variations are shown in the supplied text.
Relationship with foundation regulation: Section 17 provides that a committee’s foundation regulation prevails over Part 3 to the extent of inconsistency. This is not an amendment history item per se, but it is an operative rule that will influence whether future local foundation regulation changes will displace aspects of this Part 3.
How to interpret the absence of other amendment entries
If practitioners need the formal statutory history (commencements, amending instruments and revoked provisions) beyond the included repeal of the 2015 regulation, they should consult the official consolidated instrument register and legislative amendment history. The text as given does not list prior amendments to this 2024 Regulation because it is the consolidating/commencing instrument replacing the 2015 version. The savings clause (s 71) indicates explicit attention to continuity for acts taken under the repealed regulation.
In practical terms, the only explicit historic change provided is the repeal of the 2015 regulation and replacement by this 2024 Regulation commencing on 1 September 2024, together with the transitional savings and the naming of the Committee as the successor to the former Wine Grapes Marketing Board (s 5(2), s 71).
Litigation history
The supplied Regulation text does not identify any judicial decisions, tribunal determinations or disputes arising under this Regulation. There are no cases, appeals or litigation outcomes mentioned in the body of the Regulation. Consequently the Regulation contains no internal record of litigation history that would inform administrative practice.
What the Regulation does record that is relevant to dispute pathways
Administrative objection and decision-making procedures: The Regulation establishes objection processes for enrolment (ss 26, 53) in which the returning officer or a person entitled to vote may object to the inclusion of a person or voting entitlement on the final roll. The returning officer must give particulars of an objection to the person to whom the objection relates, allow a reply in writing within set timeframes (7 days in polls under s 26(4); 14 days in elections under s 53(4)), may require further information (ss 26(6), 53(6)), and must accept or reject any objection, providing notice of the decision (ss 26(7)-(10), 53(7)-(10)). The Regulation therefore prescribes administrative steps and notices that would typically form the factual basis of any subsequent legal challenge, but it does not itself create an internal appeal body or tribunal.
Decision notices and reasons: In some rejection contexts the returning officer must provide written reasons: for instance when rejecting an enrolment application (s 25(4)) or when deciding not to include candidate information in a candidate information sheet (s 44(5)). Those requirements create an administrative record that could be relied on in any judicial review application, but the Regulation does not create statutory appeal rights.
No mention of specific supervisory or review bodies in the Regulation: The Regulation does not reference a tribunal, Electoral Commission appeal panel, or statutory review mechanism within its text. That omission means that, within the Regulation itself, review of administrative decisions would proceed through general avenues available under administrative law (for example, judicial review in the Supreme Court) or other applicable statutory review processes in other Acts, but those are not specified in this instrument.
Practical implication for litigators and advisers
Absence of in-Regulation appeal routes increases emphasis on administrative record-keeping: Because the Regulation relies on returning officer determinations, rejections, and notices rather than an explicit in-house appeal, administrative decisions will be the primary basis for any external legal challenge. Sections requiring written notice and reasons (s 25(4), s 44(5), s 52(4), etc.) create an evidentiary trail necessary for review. Advisers should note that statutory grounds for external review (eg jurisdictional error, failure to observe natural justice) will likely be the path for contested decisions, but the Regulation does not set out bespoke appeal rights.
No litigation precedents: Since the text provides no litigation history, there is no source-grounded guidance in the Regulation on how courts have interpreted its provisions or the Act in relation to these rules. Practical uncertainty about the scope of discretionary powers (for instance signature verification under ss 35(2) and 61(2) or the discretion to exclude candidate material under s 44(4)) may therefore remain until a decision is litigated.
In short, the Regulation itself provides administrative mechanisms and some procedural safeguards (written reasons, opportunities to reply) but contains no litigation history or specified statutory appeal channels. Advisers and practitioners should therefore plan for standard judicial review pathways if administrative decisions under this Regulation are contested, and ensure procedural compliance and record-keeping to support or challenge such decisions.
Gotchas
This Regulation contains several practical traps and points that commonly generate compliance errors or contestation. The following are concrete operational “gotchas” drawn from the text and the mechanics it establishes.
Enrolment is compulsory but voting is optional (ss 24, 51; ss 28, 55)
Practical tension: Persons qualified to vote must be enrolled in the final roll, even though they are not compelled to cast a vote. Failure to enrol when qualified is an administrative non-compliance risk and could lead to exclusion from receiving ballot papers and from participating in decision-making. The Regulation makes enrolment mandatory, so failure to apply (where not on the preliminary roll) could create inadvertent disenfranchisement.
Nomination requirements can be a barrier (s 41)
A candidate nomination must be made on behalf of at least six other persons entitled to vote in the election (s 41(1)(b)). For small constituencies or fragmented communities, securing six nominators may be non-trivial and could result in insufficient nominations (see s 10(2) where elected members must appoint additional members if insufficient persons are nominated). Candidates and organisers should plan to secure nominators early.
Exclusion of growers who are wineries or controlled by a winery (s 7(2))
The definition of the grower class excludes growers who are also wineries and corporations controlled by a winery (s 7(2)(a)-(b)), and excludes certain directors who supply entirely to the winery (s 7(2)(c)). Parties who operate at multiple positions in the supply chain may therefore find themselves excluded from constituent status, voting and candidacy despite having significant commercial stakes. That structural exclusion should be assessed by growers and integrated entities for governance expectations.
Publication of names and addresses on the committee website (s 70)
The register must include full names and addresses of each constituent and must be published on the committee’s website (s 70(1)-(2)). This publication requirement creates privacy and commercial confidentiality issues; affected individuals and entities must be aware that their contact details will be publicly accessible via the Committee’s website.
Financial obligation to pay election costs before poll (s 68)
The committee must pay the returning officer an estimate of expenses before conducting a poll or election (s 68(2)). That up-front payment is essential to proceed, and the committee also must pay any excess after the event (s 68(3)). Failure to budget or to produce funds could delay or prevent a poll or election.
Returning officer discretion and signature-question rejections (ss 35(2), 61(2))
The returning officer may reject an envelope if the signature appears not to be that of the person (ss 35(2), 61(2)). The Regulation leaves verification to the returning officer’s judgment, which can be subjective. Voters must ensure the signature on outer envelopes is consistent with records; candidates and constituents should be ready to contest rejections through the objection and reply pathways where appropriate.
Duplicate ballot process requires statutory declaration (ss 31, 57)
Requests for duplicate ballots must be accompanied by a statutory declaration verifying loss/damage of the original and non-voting status (ss 31(2), 57(2)). The requirement for a statutory declaration can be onerous in rural contexts where access to authorised witnesses (eg JP) may be limited.
Candidate information may be excluded by returning officer (s 44)
The returning officer may exclude candidate-provided information from candidate information sheets if it is false, misleading, inappropriate or excessive (s 44(4)). Although the excluded candidate gets notice and seven days to provide additional information (s 44(5)), exclusion of information could affect campaigning and voter information. Candidates should prepare concise, verifiable material.
Foundation regulation can displace part of the rules (s 17)
If a foundation regulation for the Committee differs from Part 3, the foundation regulation prevails to the extent of inconsistency (s 17). Practitioners must check the foundation regulation as the operative source for local election rules , Part 3 may not be the final word.
Counting methods reference external schedules (s 63)
Election counting methods refer to the Constitution Act 1902 schedules (s 63). Practical counting (quota calculation, preferential redistribution) follows those technical methods; committees and candidates should ensure familiarity with those counting rules or arrange for returning officer support.
Void election on candidate death (s 65)
If a candidate dies after the close of nominations but before the close of the ballot, the election is void and must be held again (s 65). This can cause costly re-runs for committees that have already paid estimates under s 68 and have spent resources on the initial ballot.
Limited criminal penalties (s 67)
The Regulation’s offences carry a maximum of one penalty unit (s 67). The primary practical enforcement tools are administrative , rejections and roll omissions. Parties relying on criminal deterrence should not assume high fines or criminal prosecutions.
No in-Regulation appeal mechanism specified
While the Regulation provides objection and reply procedures and requires reasons in certain rejections, it does not establish an internal appeal mechanism. External judicial review remains the likely avenue for contestation of administrative decisions. Timely record-keeping and decisions in writing are therefore important.
Being alert to these operational pitfalls will reduce disputes and ensure correct execution of roll management, nomination, ballot handling and publication duties under the Regulation.
How to comply
Below are practical, source-grounded compliance steps for the main actors named in the Regulation: the Committee, returning officer/appropriate officer, candidates, constituents (growers) and nominees. Each step points to the specific provisions that create the obligation or the operational action.
For the Committee (Riverina Winegrape Growers)
Maintain the register of constituents and publish it on the Committee website. Include full name and address for each constituent; for each nominee include nominee name and address and the constituent who made the nomination; include voting entitlements where the foundation regulation varies; include electoral district where applicable (s 70(1)-(2)). Review website publication processes for data accuracy and privacy compliance.
Budget for election/poll costs and make pre-payment. Before any poll or election ask the returning officer for an estimate, pay that amount before the poll/election, and be prepared to pay any excess after the event. Keep records of receipts and reconciliations for any refunds due (s 68(1)-(4)).
Prepare to implement the services listed in s 9, such as developing a code of conduct and publishing indicator prices. While the Regulation does not mandatorily require specific timelines for those services, the Committee should document work plans and stakeholder consultations to support transparency.
For the appropriate officer (Secretary or Chair depending on context) and the returning officer
Prepare and certify preliminary rolls promptly following direction of a poll or notice of an election. The appropriate officer must provide a preliminary roll and addressed labels/envelopes (or electronic versions) to the returning officer; the roll must meet the specified contents and be certified (ss 18(2)-(4), 45(2)-(5)).
Publish notices in a way likely to draw attention of constituents. Notices must include specified content (question for a poll, exhibition and enrolment periods, where copies will be exhibited, class of primary producers and qualifications, and that enrolment is compulsory) and comply with minimum exhibition and timing windows (ss 19(1)-(3), 19(4)-(6), 38(2)-(5), 46(1)-(5)).
Exhibit preliminary Rolls for at least 14 days and adhere to the close of exhibition timelines. Ensure the close of enrolments is not earlier than the close of exhibition and at least 14 days before close of the poll/ballot; ensure close of poll/ballot is at least 28 days after notice (ss 19(4)-(6), 21, 46(4)-(6), 48).
Use prescribed ballot paper content and formatting. For polls include the YES/NO question, due date, and returning officer initials or official mark (s 29(2)); for elections include candidate names, number to be elected, ordering by random draw, returning officer initials or official mark, and directions for preferential numbering (s 56(1)-(4)). Preserve records of random orders and ballot preparation.
Apply rejection grounds and scrutiny rules consistently. Follow the prescribed process for rejecting outer envelopes (unsealed, late, missing name/address/signature, not on final roll), do not open outer envelopes to decide rejection (ss 35(1)-(4), 61(1)-(4)). In scrutiny, record and count inner envelopes, reject ballots per the enumerated grounds (ss 36(2), 36(4), 62(2), 62(4)).
Keep contemporaneous records of duplicates and re-issued ballots. Record duplicate ballot requests and statutory declarations (ss 31(3)-(4), 57(3)-(4)).
Provide written reasons where required. When rejecting an enrolment application or deciding not to include candidate information, provide written notice including reasons, and give candidates opportunities to supply additional information (ss 25(4), 44(4)-(6), 52(4)).
For candidates and campaigners
Secure nominators early: Obtain at least six persons entitled to vote to nominate (s 41(1)(b)). Keep written evidence of nominators and their entitlement status.
Provide candidate information in approved form and be prepared to supplement if the returning officer declines inclusion on grounds of falsity, inappropriateness, or excess (s 44(1)-(6)). Prepare concise, verifiable material likely to be accepted.
Expect one scrutineer per candidate in elections and apply in writing for appointment (s 60). Scrutineers in polls may be appointed by the returning officer upon written application from persons with an interest (s 34).
For persons and entities qualifying as constituents (growers, corporations, partnerships, trustees, legal representatives)
Check qualifying criteria: Confirm that the grower harvested more than 20 tonnes in the previous calendar year and that no exclusion under s 7(2) applies. If not included in the preliminary roll, apply for enrolment in the approved form before the close of enrolments (ss 7(1), 25(1)-(2), 52(1)-(2)).
Corporations, partnerships, trustees and legal representatives must nominate an individual to be enrolled and to vote on their behalf by written notice (ss 23(1), 50(1)). Ensure the nominee is not enrolled in another capacity and that the returning officer will be satisfied as to the nomination (ss 23(2), 50(2)).
Follow envelope and signature requirements exactly: place each ballot into separate inner envelopes, place inner envelopes into the outer envelope, write full name and address and sign the back of the outer envelope, and ensure timely return before the close (ss 32, 58). Maintain signature consistency with other records to minimise the risk of rejection under signature suspicion provisions (ss 35(2), 61(2)).
For Committees and administrators preparing for counting and disputes
Understand counting methodology: For single-member elections and multi-member elections, follow the Constitution Act 1902 counting methods and determine quotas per s 63(3). Liaise with the returning officer if technical counting questions arise.
Prepare records and evidence for possible objections or judicial review: Keep copies of notices, rolls, candidate information, decisions to reject enrolments or ballot papers, duplicate ballot statutory declarations, and paid estimates/receipts. Several provisions require written notice and reasons; ensure those are documented to support administrative fairness and defendable decision-making (ss 25(4), 44(5), 52(4), 26, 53).
Check for foundation regulation variations: Where a foundation regulation exists that governs the Committee, confirm whether it displaces Part 3 provisions (s 17). That affects roll preparation, voting entitlements and potentially ballot processes.
Practical checklist before a poll or election
Confirm the Committee’s foundation regulation and whether it modifies Part 3 (s 17).
Obtain and certify the preliminary roll and labelled envelopes from the appropriate officer (ss 18, 45).
Publish notices with required content and meet minimum exhibition and enrolment windows (ss 19, 21, 38, 46, 48).
Ensure nominated individuals for corporations/partnerships/trustees are documented and eligible (ss 23, 50).
Pay the returning officer’s expense estimate and keep financial records (s 68).
Prepare ballot papers per content requirements; preserve evidence of initials or official mark and randomisation of candidate order (ss 29, 56).
Provide for scrutineers and ensure transparent scrutiny procedures (ss 34, 60, 36, 62).
Post-result, provide the Minister and appropriate officer written notice of the result promptly (ss 37, 64).
Update and publish the register of constituents on the Committee’s website and maintain it (s 70).
Adherence to these steps will put each actor in the position the Regulation prescribes. Where the Regulation confers discretion (for example on the returning officer), documentation and procedural transparency are the practical means to reduce contestation risk and to comply with the notice and reason-giving obligations the Regulation sometimes requires.
grower means a grower belonging to the class of primary producers specified in section 7.
MIA wine grapes means a variety of grapes grown within the Committee’s area of operations for processing into wine, must, juice or wine spirit.
winery means a processor that processes MIA wine grapes within the Committee’s area of operations.
5 Establishment and continuation of Committee
5 Establishment and continuation of Committee
5 Establishment and continuation of Committee
(1) There is established an agricultural industry services committee with the corporate name of Riverina Winegrape Growers (the Committee).
(2) The Committee is a continuation of the committee constituted under the Agricultural Industry Services (Wine Grapes Marketing Board) Regulation 2003 and continued under the Agricultural Industry Services Regulation 2015.
(3) For the Act, this part is the foundation regulation for the Committee.
6 Area of operations of Committee
6 Area of operations of Committee
6 Area of operations of Committee
The area of operations for which the Committee is constituted is comprised of the local government areas of Carrathool, City of Griffith, Leeton and Murrumbidgee.
7 Class of primary producers for which Committee is constituted
7 Class of primary producers for which Committee is constituted
7 Class of primary producers for which Committee is constituted
(1) For a calendar year, the class of primary producers for which the Committee is constituted is all growers within the Committee’s area of operations who, during the previous calendar year, harvested more than 20t of MIA wine grapes.
(2) This section does not apply to the following—
(a) a grower that is also a winery,
(b) a grower that is a corporation in which a winery has a controlling interest,
(c) a grower who—
(i) is an individual, and
(ii) is a director of a corporation that is a winery, and
(iii) supplies the winery with all of the MIA wine grapes the grower harvests.
8 Commodity for which Committee is constituted
8 Commodity for which Committee is constituted
8 Commodity for which Committee is constituted
The commodity for which the Committee is constituted is MIA wine grapes.
9 Agricultural industry services of Committee
9 Agricultural industry services of Committee
9 Agricultural industry services of Committee
The agricultural industry services for which the Committee is constituted are as follows—
(a) the development of a code of conduct for contract negotiations between growers and wineries,
(b) the development of draft contract provisions for the sale of MIA wine grapes to wineries, including provisions about the prices to be paid by wineries and the terms and conditions of payment,
(c) the promotion of private contracts for the sale of MIA wine grapes to wineries by growers,
(d) the collection and dissemination of market and industry information, including the production and publication of indicator prices for MIA wine grapes grown in the Committee’s area of operations,
(e) the conduct of research and development into plant health in relation to wine grapes,
(f) the provision of education and training in relation to wine grape production and marketing,
(g) the promotion, in association with organisations representing wineries, of wine made from MIA wine grapes,
(h) the promotion of regional industry, including regional wine-making, within the Committee’s area of operations,
(i) the representation of the wine grape industry in relation to the matters referred to in paragraphs (a)–(h).
10 Membership of Committee
10 Membership of Committee
10 Membership of Committee
(1) The Committee must consist of 7 members comprising—
(a) 5 persons elected by the Committee’s constituents, and
(b) 2 persons appointed by the elected members.
(2) If an insufficient number of persons are nominated for election to the Committee, the elected members must appoint the additional members.
11 Voting entitlements of constituents
11 Voting entitlements of constituents
11 Voting entitlements of constituents
Each of the Committee’s constituents is entitled to 1 vote in a poll or election.
12 Quorum for meeting of Committee
12 Quorum for meeting of Committee
12 Quorum for meeting of Committee
The quorum for a meeting of the Committee is 4 of the Committee’s members.
13 Quorum for meeting of constituents
13 Quorum for meeting of constituents
13 Quorum for meeting of constituents
The quorum for a meeting of the Committee’s constituents is 5% of the number of the Committee’s constituents as at the end of the previous calendar year.
14 Financial year of Committee
14 Financial year of Committee
14 Financial year of Committee
The financial year of the Committee is a calendar year.
Part 3 Polls and elections—the Act, s 51
Part 3 Polls and elections—the Act, s 51
Part 3 Polls and elections—the Act, s 51
Division 1 Preliminary
Division 1 Preliminary
Division 1 Preliminary
15 Definitions
15 Definitions
15 Definitions
In this part—
appropriate officer means the following—
(a) for a poll under the Act, section 4(2)(b)—the Secretary,
(b) for a poll under the Act, section 17(1)—the chairperson of the committee for which the poll is to be taken,
(c) for an election, other than an election referred to in paragraph (d)—the Secretary,
(d) for an election to fill a vacancy in a committee as required under the Act, Schedule 1, clause 5—the chairperson of the committee.
approved form means the form approved by the returning officer.
close of enrolments, for a poll or election, means the time and date, set by the returning officer, until which persons may be included in the final roll.
close of exhibition of the preliminary roll, for a poll or election, means the time and date, set by the returning officer, until which the preliminary roll must be exhibited.
close of nominations, for an election, means the time and date, set by the returning officer, until which nominations may be made.
close of the ballot, for an election, means the time and date, set by the returning officer, until which a person may vote in the election.
close of the poll means the time and date, set by the returning officer, until which a person may vote in a poll.
election means an election for members of a committee under the Act.
final roll means—
(a) for a poll—the roll prepared by the returning officer under Division 2, Subdivision 2, or
(b) for an election—the roll prepared by the returning officer under Division 3, Subdivision 4.
inner envelope, for a poll or election, means a blank unsealed envelope.
nominee means an individual nominated in accordance with section 50 by a primary producer to—
(a) be enrolled on the final roll for a poll or election, and
(b) vote on behalf of the primary producer in the poll or election.
official mark means a mark prescribed as an official mark in accordance with the Electoral Act 2017, section 165(3)(c).
outer envelope, for a poll or election, means a large unsealed envelope that—
(a) is addressed to the returning officer, and
(b) includes spaces on the back of the envelope for the voter’s name, address and signature.
poll means a poll under the Act, section 4(2)(b) or 17(1).
preliminary roll means—
(a) for a poll—the roll provided to the returning officer under section 18, or
(b) for an election—the roll provided to the returning officer under section 45.
returning officer means—
(a) the Electoral Commissioner for New South Wales, or
(b) a person nominated by the Electoral Commissioner to exercise the functions of a returning officer under this part.
16 Poll or election is agricultural industry service
16 Poll or election is agricultural industry service
16 Poll or election is agricultural industry service
For the Act, section 3, definition of agricultural industry service, paragraph (c), the conduct of a poll or election by a committee is declared to be an agricultural industry service.
17 Relationship with foundation regulation
17 Relationship with foundation regulation
17 Relationship with foundation regulation
A committee’s foundation regulation prevails over this part to the extent of an inconsistency.
Division 2 Polls
Division 2 Polls
Division 2 Polls
pt.3-div.2-sdiv.1 Calling of poll
pt.3-div.2-sdiv.1 Calling of poll
Subdivision 1 Calling of poll
18 Preparation of preliminary roll
18 Preparation of preliminary roll
18 Preparation of preliminary roll
(1) As soon as practicable after the Minister directs that a poll be taken on a question, the returning officer must notify the appropriate officer that a poll is to be held on the question.
(2) As soon as practicable after being notified of the poll, the appropriate officer must give the returning officer—
(a) a preliminary roll, and
(b) for each person included in the roll—an appropriately addressed label or envelope or an electronic version of the label or envelope.
(3) The preliminary roll must contain the following—
(a) the full names, in alphabetical order and consecutively numbered, of—
(i) for a poll under the Act, section 4(2)(b)—the persons who, in the appropriate officer’s opinion, are the proposed constituents of the committee, or
(ii) for a poll under the Act, section 17(1)—the committee’s constituents,
(b) the addresses of the persons included in the roll under paragraph (a),
(c) if a primary producer has nominated a nominee—the full name and address of the nominee listed next to the primary producer,
(d) if, for a poll under the Act, section 17(1), the committee’s foundation regulation provides for different voting entitlements for the committee’s constituents—the voting entitlements of the constituents.
(4) The preliminary roll must be certified by the appropriate officer as having been prepared in accordance with this section.
19 Notice of poll
19 Notice of poll
19 Notice of poll
(1) As soon as practicable after the Minister directs that a poll be taken on a question, the returning officer must publish notice of the poll in a way the returning officer is satisfied is likely to bring the poll to the attention of—
(a) for a poll under the Act, section 4(2)(b)—the proposed constituents of the committee, or
(b) for a poll under the Act, section 17(1)—the committee’s constituents.
(2) The returning officer must send notice of the poll to the address of each person included in the preliminary roll for the poll.
(3) The notice must include the following—
(a) the question on which the poll is being taken,
(b) the close of exhibition of the preliminary roll,
(c) the close of enrolments,
(d) the close of the poll,
(e) where copies of the preliminary roll will be exhibited,
(f) the class of primary producers for which the committee is, or is proposed to be, constituted,
(g) the qualifications for voting,
(h) how an application for enrolment or objection against enrolment may be lodged,
(i) a statement that it is compulsory for persons qualified to vote in the poll to be enrolled in the final roll for the poll.
(4) The close of exhibition of the preliminary roll must be at least 14 days after notice of the poll is published.
(5) The close of enrolments must—
(a) not be earlier than the close of exhibition of the preliminary roll, and
(b) be at least 14 days before the close of the poll.
(6) The close of the poll must be at least 28 days, but no more than 90 days, after notice of the poll is published.
20 Postponements
20 Postponements
20 Postponements
(1) The returning officer may, by publication of a notice, postpone the following for no more than 14 days—
(a) the close of exhibition of the preliminary roll,
(b) the close of enrolments,
(c) the close of the poll.
(2) The notice must be published in the same way as the notice for the poll must be published under section 19.
pt.3-div.2-sdiv.2 Preparation of final roll
pt.3-div.2-sdiv.2 Preparation of final roll
Subdivision 2 Preparation of final roll
21 Exhibition of preliminary roll
21 Exhibition of preliminary roll
21 Exhibition of preliminary roll
The returning officer must exhibit the preliminary roll in accordance with section 19(3)(e) for at least 14 days ending at the close of exhibition of the preliminary roll.
22 Qualifications for voting
22 Qualifications for voting
22 Qualifications for voting
(1) A person is qualified to vote in a poll under the Act, section 4(2)(b) if the person is included in the preliminary roll as a proposed constituent of the committee.
(2) A person is qualified to vote in a poll under the Act, section 17(1) if the person belongs to the class of primary producers for which the relevant committee is constituted.
23 Nomination of nominees
23 Nominat
This is an opening excerpt, not the complete document.