40Provisions as to elections

#### 40 Provisions as to elections 40 Provisions as to elections > > (1) The regulations may, subject to this Act, make provision for or with respect to the election of persons for appointment as the elected members of a board. > > > (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 an election, and shall have and may exercise the functions conferred or imposed on the returning officer by the regulations in relation to the election. > > > (3) A roll of producers entitled to vote at an election shall be prepared for the election 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 an election shall be the producers having such qualifications as may be prescribed, and > > > > > (b) only those producers may vote at the election. > > > (5) Notwithstanding anything in this Part, and if the regulations so provide— > > > > > (a) the persons entitled to be nominated as candidates for election as members of a board shall be persons having such qualifications as may be prescribed, and > > > > > (b) a person’s nomination is invalid if the person does not have those qualifications. > > > (6) The regulations may make provision for or with respect to fixing or postponing the date for an election. > > > (7) 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) 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 > > > > > (c) a representative referred to in paragraph (b) shall, for the purposes of enrolment and of the election, 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. > > > (8) Voting at an election is not compulsory. > > > (9) To the extent that there is a failure to nominate a sufficient number of persons, or to the extent that an election fails for any other reason, the Governor may appoint a person or persons nominated by the Minister to be a member or members of a board, and a person so nominated shall, on being appointed, be deemed to be a person elected in accordance with the regulations. > > **s 40:** Am 1992 No 112, Sch 1.