39Provisions as to polls

#### 39 Provisions as to polls 39 Provisions as to polls > > (1) The regulations may, subject to this Act, make provision for or with respect to the conduct of polls. > > > (2) The Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, shall be the returning officer for the poll, and shall have and may exercise the functions conferred or imposed on the returning officer by the regulations in relation to the poll. > > > (3) A roll of producers of the primary product producing it within the relevant area shall be prepared for the poll in the prescribed manner. > > > (4) Notwithstanding anything in this Part, and if the regulations so provide— > > > > > (a) the producers entitled to vote in accordance with the regulations at a poll shall be the producers having such qualifications as may be prescribed, and > > > > > (b) only those producers may vote at the poll. > > > (5) The regulations may make provision for or with respect to fixing or postponing the date for the taking of a poll. > > > (6) The regulations may provide that— > > > > > (a) it is compulsory for a producer, or a producer of a prescribed class or description, to be enrolled or to apply for enrolment in the relevant roll of producers, > > > > > (b) it is compulsory for producers enrolled in the relevant roll of producers to vote at the poll, > > > > > (c) a producer shall be deemed to be enrolled or to apply for enrolment in the relevant roll of producers if a person of a prescribed class or description is so enrolled or so applies as the representative of the producer, and > > > > > (d) a representative referred to in paragraph (c) shall, for the purposes of enrolment and of the poll, be deemed to be a producer, > > > > and the regulations may impose a penalty not exceeding 0.1 penalty unit for a breach of any such provision of the regulations. > > **s 39:** Am 1992 No 112, Sch 1.