New South Wales regulation

Rice Marketing Regulation 2015

In ForceNSW

Jurisdiction

New South Wales

Act Number

360 of 2015

Collection

regulation

Plain English Summary

4/10 complexity

This Regulation sets out the mechanical rules for rice-producer polls and Rice Marketing Board elections: who may vote (cl 5), how preliminary and final rolls are prepared and exhibited, nomination and ballot procedures, counting options, scrutiny, result notification, and some Board administrative rules (alternates, seal, forms). It repeals the 2010 Regulation (cl 66). It affects rice producers, candidates, the Board and returning officers by fixing timelines, documentation and checks, allocating decision-making power to the returning officer and creating limited penalties for improper voting (cl 58).

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What it does

This Regulation, titled the Rice Marketing Regulation 2015, provides the procedural and administrative rules that implement parts of the Rice Marketing Act 1983. It commences on publication on the NSW legislation website and repeals and replaces the Rice Marketing Regulation 2010 (cl 2; cl 66(1)-(2)). Mechanically the instrument does four core things.

First, it prescribes voting and candidacy qualifications and establishes detailed procedural rules for polls and elections conducted under Part 2 of the Act (Part 2 of this Regulation, in Divisions 1-4). That framework covers preparation and exhibition of rolls, notice requirements, nomination rules, ballot-paper printing and distribution, postal voting procedures, scrutiny and counting methods, objection processes and the returning officer’s powers (see cll 4-56, 27-55, 7-26 and 28-54).

Second, it specifies the operative definition of the person entitled to vote: a “producer of rice” who has sown rice in New South Wales at any time in the four calendar years immediately preceding the year of the poll or election, for the purpose of growing or producing rice for sale (cl 5). The clause is explicitly amended in 2021 (cl 5: Am 2021 (528), sec 3).

Third, it sets office-holding and board governance rules: appointment and removal of alternate members for elected members, election of a Deputy Chairperson from nominated members, handling of the Board’s common seal, and rules for signing documents without the seal (cll 59-61, 59A). It also prescribes that certain poor-quality rice sales/receipts may be exempted from automatic vesting under the Act (cl 62).

Fourth, it prescribes administrative details that interact with the Act’s liability, evidentiary and claims provisions: the form for a notice of claim in Schedule 1 (cl 63), designation of the secretary to the Rice Marketing Board as a prescribed position for duties and liability under s 151(3)(b) of the Act (cl 64), and designation of the secretary as the prescribed officer for evidentiary purposes under s 158(1)(e) (cl 65).

Current sections

Direct links to the current provisions in Rice Marketing Regulation 2015.

Part 1

Preliminary

Part 1 Preliminary

Name of Regulation

1 Name of Regulation

This Regulation is the Rice Marketing Regulation 2015.

Commencement

2 Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note.

This Regulation repeals and replaces the Rice Marketing Regulation 2010, which would otherwise be repealed on 1 September 2015 by section 10 (2) of the Subordinate Legislation Act 1989.

Definitions

3 Definitions

(1) In this Regulation—

Rice Marketing Board or Board means the Rice Marketing Board for the State of New South Wales constituted under the Act.

the Act means the Rice Marketing Act 1983.

(2) Notes included in this Regulation do not form part of this Regulation.

Part 2

Polls and elections

Part 2 Polls and elections

Division 1

Preliminary

Division 1 Preliminary

Definitions

4 Definitions

In this Part—

election means an election under Part 2 of the Act.

official mark means a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912.

poll means a poll under Part 2 of the Act.

prescribed qualifications means the qualifications prescribed by clause 5.

Secretary means Secretary of the Department of Trade and Investment, Regional Infrastructure and Services.

Note.

Sections 39 (2) and 40 (2) of the Act provide that the Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, is to be the returning officer for a poll or election.

Prescribed qualifications

5 Prescribed qualifications

A producer of rice has the prescribed qualifications to vote at a poll or election if the producer has sown rice in New South Wales, at any time in the 4 calendar years immediately preceding the year in which the poll or election is held, for the purpose of growing or producing rice for sale.

cl 5: Am 2021 (528), sec 3.

Division 2

Polls

Division 2 Polls

pt.2-div.2-sdiv.1

Preliminary

pt.2-div.2-sdiv.1 Preliminary

Subdivision 1 Preliminary

Definitions

6 Definitions

In this Division—

appropriate officer means—

(a) in relation to a poll under section 7 or 81 of the Act—the Secretary, and

(b) in relation to any other poll—the secretary of the Rice Marketing Board.

calling of the poll for a poll means the date on which a notice is first published under clause 8 in respect of the poll.

close of enrolments for a poll means the final time and date fixed by the returning officer for the close of enrolments in the poll.

close of exhibition of the roll for a poll means the final time and date fixed by the returning officer for the close of exhibition of the roll in the poll.

close of the poll for a poll means the final time and date fixed by the returning officer for the close of the poll.

final roll for a poll means the roll prepared for the poll by the returning officer under Subdivision 3.

preliminary roll for a poll means the roll for the poll provided to the returning officer under clause 7.

pt.2-div.2-sdiv.2

Calling of the poll

pt.2-div.2-sdiv.2 Calling of the poll

Subdivision 2 Calling of the poll

Preparation of preliminary roll

7 Preparation of preliminary roll

(1) As soon as practicable after the Governor has directed that a poll be taken in any area on any question, the returning officer must notify the appropriate officer—

(a) that a poll is to be held in that area on that question, and

(b) that the appropriate officer is required to give the returning officer—

(i) a preliminary roll of the persons who, in the opinion of the appropriate officer, are qualified to vote in the poll, and

(ii) an appropriately addressed label, or an appropriately addressed envelope, for each person whose name is included in the roll.

(2) The preliminary roll—

(a) must contain the full names (consecutively numbered and listed in alphabetical order) and addresses of the persons whose names are included in the roll, and

(b) must be certified by the appropriate officer in a form approved by the Secretary.

(3) This clause does not apply to a poll to be held as a consequence of an earlier poll that has failed if a preliminary roll for the earlier poll has already been provided to the returning officer.

Notice of poll

8 Notice of poll

(1) As soon as practicable after the Governor has directed that a poll be taken in any area on any question, the returning officer must cause notice that a poll is to be held—

(a) to be published in at least one newspaper circulating generally throughout New South Wales, or

(b) to be sent by post to each person whose name is included in the preliminary roll for the poll at the address shown on the roll.

(2) The notice—

(a) must state the question on which the poll is being conducted, and

(b) must fix a time and date for the close of exhibition of the preliminary roll, and

(c) must advise where copies of the preliminary roll will be exhibited, and

(d) must fix a time and date for the close of enrolments, and

(e) must specify the qualifications which entitle a person to vote, and

(f) must advise where applications for enrolment and objections against enrolment may be lodged, and

(g) must fix the time and date for the close of the poll.

(3) The notice must also state that it is compulsory for persons who are entitled to vote in the poll to be enrolled, or to apply for enrolment, in the final roll for the poll.

(4) The close of exhibition of the roll must not be earlier than 14 days after the calling of the poll.

(5) The close of enrolments must not be earlier than the close of exhibition of the roll or later than 14 days before the close of the poll.

(6) The close of the poll must not be earlier than 28 days, or later than 90 days, after the calling of the poll.

Postponement of poll

9 Postponement of poll

(1) The returning officer may postpone (for a period not exceeding 14 days) the close of exhibition of the roll, the close of enrolments or the close of the poll by a notice published in the same way as the notice stating that a poll is to be held.

(2) The power conferred on the returning officer by this clause may be exercised more than once in respect of a poll.

pt.2-div.2-sdiv.3

Preparation of final roll

pt.2-div.2-sdiv.3 Preparation of final roll

Subdivision 3 Preparation of final roll

Exhibition of preliminary roll

10 Exhibition of preliminary roll

The returning officer must cause copies of the preliminary roll to be exhibited for public inspection—

(a) at the places where applications for enrolment and objections against enrolment may be lodged, and

(b) for a period of at least 14 days ending at the close of exhibition of the roll.

Qualifications for voting

11 Qualifications for voting

(1) A person is qualified to vote in a poll if, and only if, the person has the prescribed qualifications.

(2) This clause does not entitle a person (whether in his or her own capacity or in his or her capacity as the representative of some other person) to vote more than once in any poll.

Enrolment compulsory

12 Enrolment compulsory

It is compulsory for every person who is entitled to vote in a poll to be enrolled, or to apply for enrolment, in the final roll for the poll.

Enrolment of representatives

13 Enrolment of representatives

(1) If, in the opinion of the returning officer, rice is actually grown or produced for sale—

(a) on behalf of a corporation—the corporation is taken to be enrolled, or to apply for enrolment, in the final roll for a poll if, and only if, a nominee of the corporation is so enrolled, or so applies for enrolment, in that roll as the representative of the corporation, or

(b) on behalf of a partnership—the partnership is taken to be enrolled, or to apply for enrolment, in the final roll for a poll if, and only if, a nominee of the partnership is so enrolled, or so applies for enrolment, in that roll as the representative of the partnership, or

(c) by trustees or by legal personal representatives (whether as agents, administrators or executors or otherwise) on behalf of a person or the estate of a person—the person or estate is taken to be enrolled, or to apply for enrolment, in the final roll for a poll if, and only if, a nominee of those trustees or representatives is so enrolled, or so applies for enrolment, in that roll as the representative of the person or estate.

(2) Only one person may be nominated to vote in the poll as a representative of the corporation, partnership, person or estate concerned.

(3) A nominee must be a natural person who is not already enrolled in the final roll for the poll in some other capacity.

(4) A representative of a corporation, partnership, person or estate is taken to be a producer for the purposes of enrolment and of any poll in which the corporation, partnership, person or estate is qualified to vote.

(5) In this clause, a reference to a partnership includes a reference to any group of persons who, in the opinion of the returning officer, are engaged in a single enterprise in the growing or production for sale of rice, but does not include the parties to a share-farming agreement.

(6) In forming such an opinion in respect of a group of persons, the returning officer may ignore the existence of any legal entity that consists of or includes persons who form part of the group.

(7) For the purpose of enabling the returning officer to form an opinion as to whether rice is actually grown or produced for sale on behalf of a corporation or a partnership or by trustees or legal personal representatives on behalf of a person or an estate of a person, the returning officer may require the appropriate officer to furnish the returning officer with such information as the returning officer may specify.

Applications for enrolment by persons not already enrolled

14 Applications for enrolment by persons not already enrolled

(1) A person whose name does not appear on the preliminary roll for a poll may apply for enrolment in the final roll for the poll.

(2) The application must be in a form approved by the Secretary and must be lodged with the returning officer before the close of enrolments.

(3) On receipt of the application, the returning officer—

(a) if satisfied that the applicant is entitled to enrolment, must accept the application and enter the name and address of the applicant in the final roll for the poll, or

(b) if not so satisfied, must reject the application and inform the applicant in writing that the application has been rejected, or

(c) if the application is not in the proper form or is incomplete, must return the application for correction or completion and consider the duly corrected or completed application in accordance with this clause.

(4) For the purpose of enabling the returning officer to form an opinion as to whether a person is entitled to enrolment, the returning officer may require the appropriate officer to furnish the returning officer with such information regarding the person as the returning officer may specify.

Objections to enrolment

15 Objections to enrolment

(1) Before the close of enrolments, the returning officer and any person who is entitled to vote in a poll may object to the inclusion of the name of any person in the final roll.

(2) An objection—

(a) must be in a form approved by the Secretary, and

(b) must state the grounds on which it is made, and

(c) must be signed by the objector, and

(d) must be lodged with the returning officer.

(3) The returning officer must send particulars of an objection to the person to whom the objection relates.

(4) The person to whom an objection relates may lodge a written reply with the returning officer within 7 days after the date on which particulars of the objection were sent to that person.

(5) The returning officer must consider each objection, and any reply received within that 7-day period, and may make such inquiries as the returning officer thinks fit.

(6) The returning officer may accept or reject an objection.

(7) If the returning officer accepts an objection, the returning officer must exclude the name of the person to whom the objection relates from the final roll for the poll and must inform the person and the objector, in writing, that the person’s name is so excluded.

(8) If the returning officer rejects an objection, the returning officer must inform the person to whom the objection relates and the objector, in writing, that the returning officer has rejected the objection.

(9) The returning officer may require a person who lodges an objection, or who replies to an objection, to verify the objection or reply by statutory declaration.

(10) For the purpose of enabling the returning officer to make a decision to accept or reject an objection to the inclusion of the name of a person in the final roll, the returning officer may require the appropriate officer to furnish the returning officer with such information regarding the person as the returning officer may specify.

Postponement of poll not to affect final roll

16 Postponement of poll not to affect final roll

The validity of the final roll for a poll is not affected by the postponement of the close of the poll by a notice published after the close of exhibition of the roll, and the roll remains the final roll for the poll.

pt.2-div.2-sdiv.4

The ballot

pt.2-div.2-sdiv.4 The ballot

Subdivision 4 The ballot

Voting optional

17 Voting optional

Voting at a poll is not compulsory.

Printing of ballot-papers

18 Printing of ballot-papers

(1) As soon as practicable after the close of enrolments in a poll, the returning officer must cause sufficient ballot-papers to be printed to enable a ballot-paper to be sent to each person whose name is included in the final roll for the poll.

(2) A ballot-paper for a poll must contain—

(a) the question to be voted on in the poll followed by the words “YES” and “NO”, together with appropriate spaces for the voter to indicate the voter’s intention with respect to the question, and

(b) such directions as to the manner in which a vote is to be recorded and returned to the returning officer as the returning officer considers appropriate.

Distribution of ballot-papers

19 Distribution of ballot-papers

As soon as practicable after the printing of the ballot-papers for a poll, the returning officer must send to each person included in the final roll for the poll—

(a) a ballot-paper that is initialled by the returning officer (or by a person authorised by the returning officer) or that bears an official mark, and

(b) an unsealed envelope addressed to the returning officer and bearing on the back the words “FULL NAME AND ADDRESS OF VOTER” and “SIGNATURE OF VOTER”, together with appropriate spaces for the insertion of a name, address and signature.

Duplicate ballot-papers

20 Duplicate ballot-papers

(1) At any time before the close of the poll, the returning officer may issue to a voter a duplicate ballot-paper and envelope if the voter satisfies the returning officer by statutory declaration—

(a) that the original ballot-paper has been spoilt, lost or destroyed, and

(b) that the voter has not already voted in the poll to which the ballot-paper relates.

(2) The returning officer is to maintain a record of all duplicate ballot-papers issued under this clause.

Recording of votes

21 Recording of votes

In order to vote in a poll, a person—

(a) must record a vote on the ballot-paper in accordance with the directions shown on it, and

(b) must place the completed ballot-paper (folded so that the vote cannot be seen) in the envelope addressed to the returning officer, and

(c) must seal the envelope, and

(d) must complete the person’s full name and address on, and must sign, the back of the envelope, and

(e) must return the envelope to the returning officer so as to be received before the close of the poll.

pt.2-div.2-sdiv.5

The scrutiny

pt.2-div.2-sdiv.5 The scrutiny

Subdivision 5 The scrutiny

Receipt of ballot-papers

22 Receipt of ballot-papers

(1) The returning officer must reject (without opening it) any envelope purporting to contain a ballot-paper if the envelope is not received by the returning officer before the close of the poll or is received unsealed.

(2) The returning officer must examine the name on the back of each remaining envelope and, without opening the envelope—

(a) must accept the ballot-paper in the envelope and draw a line through the name on the final roll for the poll that corresponds to the name on the back of the envelope, if satisfied that a person of that name is included in the roll, or

(b) must reject the ballot-paper in the envelope, if not so satisfied or if a name, address or signature does not appear on the back of the envelope.

(3) The returning officer may reject a ballot-paper without opening the envelope if, after making such inquiries as the returning officer thinks fit—

(a) the returning officer is unable to identify the signature on the back of the envelope, or

(b) it appears to the returning officer that the signature on the back of the envelope is not the signature of the person whose name and address appear on the back of the envelope.

Ascertaining result of poll

23 Ascertaining result of poll

The result of a poll is to be ascertained by the returning officer as soon as practicable after the close of the poll.

Scrutineers

24 Scrutineers

Each organisation which, in the opinion of the returning officer, has an interest in the outcome of a poll is to be entitled to appoint, by notice in writing, a scrutineer to represent it at all stages of the scrutiny.

Scrutiny of votes

25 Scrutiny of votes

(1) The scrutiny of votes in a poll is to be conducted as follows—

(a) the returning officer is to produce, unopened, the envelopes containing the ballot-papers accepted for scrutiny,

(b) the returning officer is then to open each such envelope, extract the ballot-paper and (without unfolding it) place it in a locked ballot-box,

(c) when the ballot-papers from all such envelopes have been placed in the ballot-box, the returning officer is then to unlock the ballot-box and remove the ballot-papers,

(d) the returning officer is then to examine each ballot-paper and reject those that are informal,

(e) the returning officer is then to proceed to count the votes and ascertain the result of the poll.

(2) At the scrutiny of votes in a poll, a ballot-paper must be rejected as informal if—

(a) it is neither initialled by the returning officer (or by a person authorised by the returning officer to do so) nor bears an official mark, or

(b) it has on it any mark or writing which the returning officer considers could enable any person to identify the voter who completed it, or

(c) it has not been completed in accordance with the directions shown on it.

(3) However, a ballot-paper is not to be rejected as informal merely because of any mark or writing on it that is not authorised or required by this Regulation (unless it is a mark or writing referred to in subclause (2) (b)) if the returning officer considers that the voter’s intention is clearly indicated on the ballot-paper.

(4) The result of the poll is to be ascertained by determining 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 that question,

(d) the number of votes rejected as informal.

Notification of result of poll

26 Notification of result of poll

As soon as practicable after the result of a poll has been ascertained, the returning officer is to notify the Minister and the appropriate officer in writing of the result of the poll.

Division 3

Elections

Division 3 Elections

pt.2-div.3-sdiv.1

Preliminary

pt.2-div.3-sdiv.1 Preliminary

Subdivision 1 Preliminary

Definitions

27 Definitions

In this Division—

appropriate officer means—

(a) in the case of an election to a vacancy as required by clause 6 (1) of Schedule 2 to the Act—the secretary of the Rice Marketing Board, or

(b) in any other case—the Secretary.

area includes electoral district.

calling of the ballot for an election means the date on which a notice is first published for the election under clause 36.

calling of the election for an election means the date on which a notice is published for the election under clause 28.

close of enrolments for an election means the final time and date fixed by the returning officer for the close of enrolments in the election.

close of exhibition of the roll for an election means the final time and date fixed by the returning officer for the close of exhibition of the roll in the election.

close of nominations for an election means the final time and date fixed by the returning officer for the close of nominations in the election.

close of the ballot for an election means the final time and date fixed by the returning officer for the close of the ballot for the election.

electoral district means an electoral district appointed under section 9 (1) of the Act.

final roll for an election means the roll prepared by the returning officer under Subdivision 5.

preliminary roll for an election means the roll provided to the returning officer under clause 35.

pt.2-div.3-sdiv.2

Calling of the election

pt.2-div.3-sdiv.2 Calling of the election

Subdivision 2 Calling of the election

Notice of election

28 Notice of election

(1) As soon as practicable after the Governor has directed that an election is required to be held in any area for any purpose, the returning officer must cause notice of that fact—

(a) to be sent to the appropriate officer, and

(b) to be published in a newspaper circulating generally throughout the area.

(2) The notice to be sent to the appropriate officer—

(a) must state that an election is to be held in that area for that purpose, and

(b) must fix a time and date for the close of nominations.

(3) The notice to be published in the newspaper—

(a) must state that an election is to be held in that area for that purpose, and

(b) must call for nominations of candidates, and

(c) must specify the time and date for the close of nominations, and

(d) must advise where nomination forms may be obtained and where nominations may be lodged, and

(e) must advise where information is available as to the qualifications which entitle a producer to nominate a candidate for the election, and

(f) must specify the method of counting the votes that will apply.

Note.

Clause 53 provides that the method of counting the votes in an election may be either the preferential method provided by the Constitution Act 1902 or the “first past the post” method.

(4) The close of nominations must not be earlier than 21 days, or later than 28 days, after the calling of the election.

(5) The returning officer must ensure that information as to the qualifications which entitle a producer to nominate a candidate for the election is available as stated in the notice.

(6) Information as to those qualifications may be made available as information forming part of a copy of any form provided by the returning officer for use in the nomination of a candidate.

Postponement of close of nominations

29 Postponement of close of nominations

(1) The returning officer may postpone the close of nominations for a period not exceeding 14 days by a notice in a form similar to, and published in the same manner as, a notice calling for the nomination of candidates.

(2) The power conferred on the returning officer by this clause may be exercised more than once in respect of an election.

pt.2-div.3-sdiv.3

Nominations

pt.2-div.3-sdiv.3 Nominations

Subdivision 3 Nominations

Eligibility for nomination

30 Eligibility for nomination

(1) Any person is eligible for nomination as a candidate for election.

(2) Despite subclause (1), a person who has held office for more than 8 years in total as a member of the Rice Marketing Board may not be nominated as a candidate for election as a member of the Board without the approval of the Minister.

(3) The approval of the Minister is only to be given under subclause (2) if the Minister is satisfied that it is in the public interest and the interest of the rice industry to do so.

(4) Any period during which a person held office as a member of the Rice Marketing Board before the commencement of this clause is also to be taken into account when calculating the total period for which the person has held office.

cl 30: Am 2019 (50), cl 3 (1).

Nomination of candidates

31 Nomination of candidates

(1) A nomination of a candidate—

(a) must be in a form approved by the Secretary, and

(b) must be made by at least 6 persons (other than the candidate) who each have the prescribed qualifications, and

(c) must be lodged with the returning officer before the close of nominations.

(2) If the returning officer is of the opinion that an insufficient number of the persons by whom a candidate has been nominated are qualified to nominate a candidate, the returning officer must, as soon as practicable, cause notice of that fact to be given to the candidate.

(3) For the purpose of enabling the returning officer to form an opinion as to whether a person by whom a candidate in an election has been nominated is qualified to nominate a candidate, the returning officer may require the appropriate officer to furnish the returning officer with such information regarding the person as the returning officer may specify.

(4) The appropriate officer must comply with such a requirement as soon as practicable.

(5) A candidate who has been nominated in an election may withdraw the nomination at any time before the close of nominations by notice in writing addressed to the returning officer.

Uncontested elections

32 Uncontested elections

If the number of persons who have been duly nominated as candidates by the close of nominations does not exceed the number of persons to be elected, each of those persons is taken to have been elected.

Contested elections

33 Contested elections

If the number of persons who have been duly nominated as candidates by the close of nominations exceeds the number of persons to be elected, a ballot must be held.

Candidate information sheet

34 Candidate information sheet

(1) At any time before the close of nominations, a candidate may submit to the returning officer a statutory declaration, in a form approved by the Secretary, containing information intended for inclusion in a candidate information sheet.

(2) As soon as practicable after the close of nominations, the returning officer must, if a ballot is required to be held for the election, draw up a candidate information sheet consisting of the information, if any, submitted to the returning officer under this clause.

(3) The returning officer may, when drawing up a candidate information sheet, reject any information submitted if the returning officer considers that the information is—

(a) inappropriate for inclusion in a candidate information sheet, or

(b) misleading in a material particular, or

(c) more than 100 words in length.

(4) If the returning officer rejects information under subclause (3), he or she is to give the candidate notice that the information is unsuitable and give the candidate 7 days to provide suitable information in accordance with subclause (1).

(5) If the candidate does not provide information that the returning officer considers to be suitable within those 7 days, no information about the candidate is to be included on the candidate information sheet.

(6) Information concerning candidates must appear on a candidate information sheet in the same order in which the candidates are listed on the ballot-paper relating to them.

pt.2-div.3-sdiv.4

Calling of the ballot

pt.2-div.3-sdiv.4 Calling of the ballot

Subdivision 4 Calling of the ballot

Preparation of preliminary roll

35 Preparation of preliminary roll

(1) As soon as practicable after it becomes apparent to the returning officer that a ballot is required to be held in respect of an election, the returning officer must cause notice of that fact to be sent to the appropriate officer.

(2) The appropriate officer must provide the returning officer with—

(a) a preliminary roll of the persons who, in the opinion of the appropriate officer, are qualified to vote in the election, and

(b) an appropriately addressed label or an appropriately addressed envelope for each person whose name is included in that roll.

(3) The preliminary roll—

(a) must contain the names (consecutively numbered and listed in alphabetical order) and addresses of the persons whose names are included in the roll, and

(b) must be certified by the appropriate officer in a form approved by the Secretary.

(4) This clause does not apply to an election held as a consequence of an earlier election that has failed if a preliminary roll for the earlier election has already been provided to the returning officer.

Notice of ballot

36 Notice of ballot

(1) As soon as practicable after receiving the preliminary roll for the election, the returning officer must cause notice that an election is to be held—

(a) to be published in at least one newspaper circulating generally throughout New South Wales, or

(b) to be sent by post to each person whose name is included in the preliminary roll for the election at the address shown on the roll.

(2) The notice—

(a) must state that a ballot is to be taken, and

(b) must fix a time and date for the close of exhibition of the roll, and

(c) must fix a time and date for the close of enrolments, and

(d) must fix a time and date for the close of the ballot, and

(e) must advise where copies of the preliminary roll will be exhibited, and

(f) must specify the qualifications that qualify a person to vote, and

(g) must advise where applications for enrolment and objections against enrolment may be lodged.

(3) The notice must also state that it is compulsory for persons who are entitled to vote in the election to be enrolled, or to apply for enrolment, in the final roll for the election.

(4) The close of exhibition of the roll must not be earlier than 14 days after the calling of the ballot.

(5) The close of the ballot must not be earlier than 28 days after the calling of the ballot.

(6) The close of enrolments must not be earlier than the close of exhibition of the roll or later than 14 days before the close of the ballot.

Postponement of ballot

37 Postponement of ballot

(1) The returning officer may postpone (for a period not exceeding 14 days) the close of exhibition of the roll, the close of enrolments or the close of the ballot by a notice published in the same way as the notice stating that a ballot is to be held.

(2) The power conferred on the returning officer by this clause may be exercised more than once in respect of an election.

pt.2-div.3-sdiv.5

Preparation of final roll

pt.2-div.3-sdiv.5 Preparation of final roll

Subdivision 5 Preparation of final roll

Exhibition of preliminary roll

38 Exhibition of preliminary roll

The returning officer must cause copies of the preliminary roll to be exhibited for public inspection—

(a) at the places where applications for enrolment and objections against enrolment may be lodged, and

(b) for a period of at least 14 days ending at the close of exhibition of the roll.

Qualifications for voting

39 Qualifications for voting

(1) A person is qualified to vote in an election if, and only if, the person has the prescribed qualifications.

(2) This clause does not entitle a person (whether in his or her own capacity or in his or her capacity as the representative of some other person) to vote more than once in any election.

Enrolment compulsory

40 Enrolment compulsory

It is compulsory for every person who is entitled to vote in an election to be enrolled, or to apply for enrolment, in the final roll for the election.

Enrolment of representatives

41 Enrolment of representatives

(1) If, in the opinion of the returning officer, rice is actually grown or produced for sale—

(a) on behalf of a corporation—the corporation is taken to be enrolled, or to apply for enrolment, in the final roll for an election if, and only if, a nominee of the corporation is so enrolled, or so applies for enrolment, in that roll as the representative of the corporation, or

(b) on behalf of a partnership—the partnership is taken to be enrolled, or to apply for enrolment, in the final roll for an election if, and only if, a nominee of the partnership is so enrolled, or so applies for enrolment, in that roll as the representative of the partnership, or

(c) by trustees or by legal personal representatives (whether as agents, administrators or executors or otherwise) on behalf of a person or the estate of a person—the person or estate is taken to be enrolled, or to apply for enrolment, in the final roll for an election if, and only if, a nominee of those trustees or representatives is so enrolled, or so applies for enrolment, in that roll as the representative of the person or estate.

(2) Only one person may be nominated to vote in the election as a representative of the corporation, partnership, person or estate concerned.

(3) A nominee must be a natural person who is not already enrolled in the final roll for the election in some other capacity.

(4) A representative of a corporation, partnership, person or estate is taken to be a producer for the purposes of enrolment and of any election in which the corporation, partnership, person or estate is qualified to vote.

(5) In this clause, a reference to a partnership includes a reference to any group of persons who, in the opinion of the returning officer, are engaged in a single enterprise in the growing or production for sale of rice, but does not include the parties to a share-farming agreement.

(6) In forming such an opinion in respect of a group of persons, the returning officer may ignore the existence of any legal entity that consists of or includes persons who form part of the group.

(7) For the purpose of enabling the returning officer to form an opinion as to whether rice is actually grown or produced for sale on behalf of a corporation or a partnership or by trustees or legal personal representatives on behalf of a person or an estate of a person, the returning officer may require the appropriate officer to furnish the returning officer with such information as the returning officer may specify.

Applications for enrolment by persons not already enrolled

42 Applications for enrolment by persons not already enrolled

(1) A person whose name does not appear on the preliminary roll for an election may apply for enrolment in the final roll for the election.

(2) The application must be in a form approved by the Secretary and must be lodged with the returning officer before the close of enrolments.

(3) On receipt of the application, the returning officer—

(a) if satisfied that the applicant is qualified to vote, must accept the application and enter the name and address of the applicant in the final roll, or

(b) if not so satisfied, must reject the application and inform the applicant in writing that the application has been rejected, or

(c) if the application is not in the proper form or is incomplete, must return the application for correction or completion and consider the duly corrected or completed application in accordance with this clause.

(4) For the purpose of enabling the returning officer to form an opinion as to whether a person is qualified to vote, the returning officer may require the appropriate officer to furnish the returning officer with such information regarding the person as the returning officer may specify.

Objections to enrolment

43 Objections to enrolment

(1) Before the close of enrolments, the returning officer and any person who is qualified to vote in an election may object to the inclusion of the name of any person in the final roll.

(2) An objection—

(a) must be in a form approved by the Secretary, and

(b) must state the grounds on which it is made, and

(c) must be signed by the objector, and

(d) must be lodged with the returning officer.

(3) The returning officer must send particulars of an objection to the person to whom the objection relates.

(4) The person to whom an objection relates may lodge a written reply with the returning officer within 14 days after the date on which particulars of the objection were sent to that person.

(5) The returning officer must consider each objection, and any reply received within that 14-day period, and may make such inquiries as the returning officer thinks fit.

(6) The returning officer may accept or reject an objection.

(7) If the returning officer accepts an objection, the returning officer must—

(a) exclude from the final roll for the election the name of the person to whom the objection relates, and

(b) inform that person and the objector, in writing, that the person’s name is so excluded.

(8) If the returning officer rejects an objection, the returning officer must notify the person to whom the objection relates and the objector, in writing, that the returning officer has rejected the objection.

(9) The returning officer may require a person who lodges an objection, or who replies to an objection, to verify the objection or reply by statutory declaration.

(10) For the purpose of enabling the returning officer to make a decision to accept or reject an objection to the inclusion of the name of a person in the final roll, the returning officer may require the appropriate officer to furnish the returning officer with such information regarding the person as the returning officer may specify.

Postponement of ballot not to affect final roll

44 Postponement of ballot not to affect final roll

The validity of the final roll for an election is not affected by the postponement of the close of the ballot by a notice published after the close of exhibition of the roll, and the roll remains the final roll for the election.

pt.2-div.3-sdiv.6

The ballot

pt.2-div.3-sdiv.6 The ballot

Subdivision 6 The ballot

Printing of ballot-papers

45 Printing of ballot-papers

(1) As soon as practicable after the close of enrolments in an election, the returning officer—

(a) must determine the order in which the candidates’ names are to be listed on a ballot-paper by means of a ballot held in accordance with the procedure provided by section 82A of the Parliamentary Electorates and Elections Act 1912, and

(b) must cause sufficient ballot-papers to be printed to enable a ballot-paper to be sent to each person included in the final roll for the election, and

(c) if a candidate information sheet has been drawn up, must cause sufficient copies to be printed so that a copy may be sent to each person included in that roll.

(2) A ballot-paper for an election must contain—

(a) the names of the candidates arranged in the order determined in accordance with subclause (1) (a), with a small square set opposite each name, and

(b) if the returning officer considers that the names of 2 or more of the candidates are so similar as to cause confusion, such other matter as the returning officer considers will distinguish between the candidates, and

(c) such directions as to the manner in which a vote is to be recorded and returned to the returning officer as the returning officer considers appropriate.

(3) In the case of an election where votes are to be counted as provided by Part 2 of the Sixth Schedule, or Part 2 of the Seventh Schedule, to the Constitution Act 1902, the directions to voters must include a direction that—

(a) the voter must record a vote for at least the number of candidates to be elected by placing consecutive numbers (beginning with the number “1” and ending with the number equal to the number of candidates to be elected) in the squares set opposite the candidates’ names in the order of the voter’s preferences for them, and

(b) the voter may, but is not required to, vote for additional candidates by placing consecutive numbers (beginning with the number next higher than the number of candidates to be elected) in the square set opposite the candidates’ names in the order of the voter’s preferences for them.

(4) In the case of an election where votes are to be counted in accordance with the “first past the post” method, the directions to voters must include a direction that—

(a) the voter must, subject to paragraph (b), place a cross in the square set opposite the name of each candidate that the voter wishes to vote for, and

(b) the voter must not vote for more candidates than there are vacancies to be filled at the election.

Distribution of ballot-papers

46 Distribution of ballot-papers

As soon as practicable after the printing of the ballot-papers for an election, the returning officer must send to each person included in the final roll for the election—

(a) a ballot-paper that is initialled by the returning officer (or by a person authorised by the returning officer) or that bears an official mark, and

(b) an unsealed reply-paid envelope addressed to the returning officer and bearing on the back the words “NAME AND ADDRESS OF VOTER” and “SIGNATURE OF VOTER”, together with appropriate spaces for the insertion of a name, address and signature, and

(c) if applicable, a candidate information sheet.

Duplicate ballot-papers

47 Duplicate ballot-papers

(1) At any time before the close of the ballot, the returning officer may issue to a voter a duplicate ballot-paper and envelope if the voter satisfies the returning officer by statutory declaration—

(a) that the original ballot-paper has been spoilt, lost or destroyed, and

(b) that the voter has not already voted in the election to which the ballot-paper relates.

(2) The returning officer must maintain a record of all duplicate ballot-papers issued under this clause.

Recording of votes

48 Recording of votes

In order to vote in an election, a person—

(a) must record a vote on the ballot-paper in accordance with the directions shown on it, and

(b) must place the completed ballot-paper (folded so that the vote cannot be seen) in the envelope addressed to the returning officer, and

(c) must seal the envelope, and

(d) must complete the person’s full name and address on, and must sign, the back of the envelope, and

(e) must return the envelope to the returning officer so as to be received before the close of the ballot.

pt.2-div.3-sdiv.7

The scrutiny

pt.2-div.3-sdiv.7 The scrutiny

Subdivision 7 The scrutiny

Receipt of ballot-papers

49 Receipt of ballot-papers

(1) The returning officer must reject (without opening it) any envelope purporting to contain a ballot-paper if the envelope is not received before the close of the ballot or is received unsealed.

(2) The returning officer must examine the name on the back of the envelope and, without opening the envelope—

(a) must accept the ballot-paper in the envelope and draw a line through the name on the roll that corresponds to the name on the back of the envelope, if satisfied that a person of that name is included in the final roll for the election, or

(b) must reject the ballot-paper in the envelope, if not so satisfied or if a name, address or signature does not appear on the back of the envelope.

(3) The returning officer may reject a ballot-paper without opening the envelope if, after making such inquiries as the returning officer thinks fit—

(a) the returning officer is unable to identify the signature on the back of the envelope, or

(b) it appears to the returning officer that the signature on the back of the envelope is not the signature of the person whose name and address appear on the back of the envelope.

Ascertaining result of ballot

50 Ascertaining result of ballot

The result of a ballot is to be ascertained by the returning officer as soon as practicable after the close of the ballot.

Scrutineers

51 Scrutineers

Each candidate in a ballot is entitled to appoint, by notice in writing, a scrutineer to represent the candidate at all stages of the scrutiny.

Scrutiny of votes

52 Scrutiny of votes

(1) The scrutiny of votes in a ballot is to be conducted as follows—

(a) the returning officer is to produce, unopened, the envelopes containing the ballot-papers accepted for scrutiny,

(b) the returning officer is then to open each such envelope, extract the ballot-paper and (without unfolding it) place it in a locked ballot-box,

(c) when the ballot-papers from all the envelopes have been placed in the ballot-box, the returning officer is then to unlock the ballot-box and remove the ballot-papers,

(d) the returning officer is then to examine each ballot-paper and reject those that are informal,

(e) the returning officer is then to proceed to count the votes and ascertain the result of the election.

(2) At the scrutiny of votes in a ballot, a ballot-paper must be rejected as informal if—

(a) it is neither initialled by the returning officer (or by a person authorised by the returning officer in that behalf) nor bears an official mark, or

(b) it has on it any mark or writing which the returning officer considers could enable any person to identify the voter who completed it, or

(c) it has not been completed in accordance with the directions shown on it.

(3) A ballot-paper is not to be rejected as informal—

(a) merely because of any mark or writing on it that is not authorised or required by this Regulation (not being a mark or writing referred to in subclause (2) (b)) if, in the opinion of the returning officer, the voter’s intention is clearly indicated on the ballot-paper, or

(b) if the voter has recorded a vote by placing in one square the number “1”—

(i) merely because the same preference (other than a first preference) has been recorded on the ballot-paper for more than one candidate, or

(ii) merely because there is a break in the order of preferences recorded on the ballot-paper.

Counting of votes

53 Counting of votes

(1) If there is 1 person to be elected in the election—

(a) the method of counting the votes so as to ascertain the result of the election is to be the method specified in the notice referred to in clause 28, being either—

(i) the method provided by Part 2 of the Seventh Schedule to the Constitution Act 1902, or

(ii) the “first past the post” method, that is, the candidate with the most votes is taken to be elected, and

(b) for the purpose of applying the provisions of Part 2 of the Seventh Schedule to the Constitution Act 1902 to the election (if required), a reference in those provisions to the returning officer is to be read as a reference to the returning officer under this Regulation.

(2) If there are 2 or more persons to be elected in the election—

(a) the method of counting the votes so as to ascertain the result of the election is to be the method specified in the notice referred to in clause 28, being either—

(i) the method provided by Part 2 of the Sixth Schedule to the Constitution Act 1902, or

(ii) the “first past the post” method, that is, the candidates with the most votes are taken to be elected, and

(b) for the purpose of applying the provisions of Part 2 of the Sixth Schedule to the Constitution Act 1902 to the election (if required)—

(i) a reference in those provisions to the Council returning officer is to be read as a reference to the returning officer under this Regulation, and

(ii) the quota referred to in those provisions is to be determined by dividing the number of first preference votes for all candidates by 1 more than the number of persons to be elected and by increasing the quotient so obtained (disregarding any remainder) by 1.

Notice of result of election

54 Notice of result of election

As soon as practicable after one or more candidates in an election have been elected, the returning officer must notify the Minister and the appropriate officer, in writing, of the names of the candidates elected.

Division 4

General

Division 4 General

Decisions of returning officer final

55 Decisions of returning officer final

If the returning officer is permitted or required by the Act or this Regulation to make a decision on any matter relating to the taking of a ballot in any poll or election, the decision of the returning officer on that matter is final.

Death of a candidate

56 Death of a candidate

If a candidate dies after the close of nominations and before the close of the ballot—

(a) the returning officer is to cause notice of the death to be published in the Gazette, and

(b) all proceedings taken after the Minister notified the returning officer that the election was required to be held are of no effect and must be taken again.

Concurrent polls and elections

57 Concurrent polls and elections

Where the same voting qualifications apply in respect of a poll and an election—

(a) a single roll may be prepared and used for the purposes of both the poll and the election, and

(b) an application for enrolment in that roll may be made under clause 14 or 42, and

(c) an objection against the inclusion in that roll of the name of any person may be made under clause 15 or 43.

Offences

58 Offences

A person must not—

(a) vote, or attempt to vote, more than once in any poll or election, or

(b) vote, or attempt to vote, in any poll or election in which the person is not entitled to vote, or

(c) make a false or wilfully misleading statement (not being a statement verified by statutory declaration)—

(i) to the returning officer in connection with any poll or election, or

(ii) in any document that the person furnishes for the purposes of any poll or election, or

(d) apply for enrolment in respect of any poll or election in respect of which the person is already enrolled.

Maximum penalty—0.1 penalty unit.

Part 3

Rice Marketing Board

Part 3 Rice Marketing Board

Alternate members for elected members

59 Alternate members for elected members

(1) An elected member of the Rice Marketing Board may appoint an alternate to act in the office of the elected member—

(a) during the illness of the member, if the illness is likely to prevent the member from attending meetings of the Board for at least 4 months, or

(b) during the absence of the member, if the absence is likely to last for at least 4 months and is the subject of leave granted by the Board.

(2) The appointment of an alternate member—

(a) must be in writing addressed to the secretary to the Board, and

(b) must contain the name, address and period of appointment of the alternate member, and

(c) must be signed and dated by the elected member.

(3) The Board must advise the Minister of any such appointment of an alternate member.

(4) The power of an elected member to appoint a person as an alternate member may be exercised any number of times during the term of office of the elected member.

(5) An elected member may at any time remove from office an alternate member appointed by the elected member.

(6) An alternate member ceases to hold office—

(a) on being removed from office by the elected member, or

(b) on the elected member ceasing to be a member, or

(c) on the expiry of the period of the alternate member’s appointment,

whichever first occurs.

59A

Deputy Chairperson of the Board

59A Deputy Chairperson of the Board

(1) The Deputy Chairperson of the Board is to be elected from among the nominated members of the Board.

(2) The office of Deputy Chairperson of the Board held by a person immediately before the commencement of this clause is not affected by the commencement of this clause.

cl 59A: Ins 2019 (50), cl 3 (2).

Common seal of Board

60 Common seal of Board

(1) The common seal of the Rice Marketing Board must be kept by the secretary to the Board in such place as the Board may direct.

(2) The common seal of the Board may be affixed to a document only—

(a) in the presence of at least 2 members of the Board and the secretary to the Board, and

(b) with an attestation by the signatures of those members and the secretary of the fact of the affixing of the common seal.

Signing of documents not under seal

61 Signing of documents not under seal

Any document requiring authentication by the Rice Marketing Board may be sufficiently authenticated without the common seal of the Board if it is signed by—

(a) at least one member of the Board and the secretary to the Board, or

(b) at least 2 members of the Board.

Board may exempt unsuitable rice from automatic vesting

62 Board may exempt unsuitable rice from automatic vesting

For the purposes of section 57 (1) (d) of the Act, sales and purchases or receipts of rice whose quality is such as to make it unsuitable for milling are prescribed as sales and purchases or receipts which the Rice Marketing Board may exempt from the operation of section 56 of the Act.

Part 4

Miscellaneous

Part 4 Miscellaneous

Notice of claim

63 Notice of claim

For the purposes of section 59 (3) of the Act—

(a) the prescribed form for a notice of claim referred to in that subsection is the form set out in Schedule 1, and

(b) the prescribed particulars to be included in the notice are the particulars required by that form.

Duties and liability of certain persons

64 Duties and liability of certain persons

For the purposes of section 151 (3) (b) of the Act, the position of secretary to the Rice Marketing Board is a prescribed position.

Evidentiary provisions

65 Evidentiary provisions

For the purposes of section 158 (1) (e) of the Act, the prescribed officer of the Rice Marketing Board is the secretary to the Board.

Repeal and savings

66 Repeal and savings

(1) The Rice Marketing Regulation 2010 is repealed.

(2) Any act, matter or thing that, immediately before the repeal of the Rice Marketing Regulation 2010, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1

Form of claim for account of payment due

Schedule 1 Form of claim for account of payment due

(Clause 63)

(Rice Marketing Regulation 2015)

Rice Marketing Board

Address—

Name of claimant—

Address—

Nature of encumbrance—

Nature of commodity encumbered—

Date of delivery of commodity to Board—

Name of person whose commodity is encumbered—

Address—

Name of person having the benefit of the encumbrance—

Address—

Particulars of any loan secured by the encumbrance, including the period of the loan and the period and amounts of instalments payable under the loan—

Amount due and unpaid under encumbrance—

Date of registration of encumbrance—

[signature of claimant]

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Rice Marketing Regulation 2015.

2 Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note.

This Regulation repeals and replaces the Rice Marketing Regulation 2010, which would otherwise be repealed on 1 September 2015 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions

(1) In this Regulation—

Rice Marketing Board or Board means the Rice Marketing Board for the State of New South Wales constituted under the Act.

the Act means the Rice Marketing Act 1983.

(2) Notes included in this Regulation do not form part of this Regulation.

Part 2 Polls and elections

Division 1 Preliminary

4 Definitions

In this Part—

election means an election under Part 2 of the Act.

official mark means a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912.

poll means a poll under Part 2 of the Act.

prescribed qualifications means the qualifications prescribed by clause 5.

Secretary means Secretary of the Department of Trade and Investment, Regional Infrastructure and Services.

Note.

Sections 39 (2) and 40 (2) of the Act provide that the Electoral Commissioner for New South Wales, or a person employed in the office of and nominated by the Electoral Commissioner, is to be the returning officer for a poll or election.

5 Prescribed qualifications

Below is a practical compliance checklist sorted by the principal actors, grounded in the Regulation’s operative clauses. Each step references the clause(s) that impose the duty or confer the right so practitioners can verify requirements in the text.

For producers (individuals who may vote)

Verify eligibility: confirm you have sown rice in NSW at any time in the four calendar years immediately preceding the year of the poll/election for sale (cl 5).
Enrol early: if entitled to vote, either ensure your name appears on the preliminary roll or apply for enrolment in the final roll in the Secretary-approved form before the close of enrolments (cll 7(1)(b), 14(1)-(2), 35(2)-(3), 42(1)-(2)); enrolment is compulsory (cll 12, 40).
Follow the ballot instructions exactly: when voting, record the vote as directed on the ballot‑paper, fold the ballot so the vote cannot be seen and place it in the addressed envelope, seal it, print your full name and address and sign the back, and return it so it is received by the returning officer before close (cll 21, 48).
If you misplace or spoil your ballot, apply for a duplicate promptly and prepare a statutory declaration attesting to the spoilage/loss and that you have not already voted (cll 20(1), 47(1)-(2)).
If you intend to object to an enrolment on the roll, lodge an objection in the Secretary-approved form, stating grounds and signed, and be prepared to verify by statutory declaration if required (cll 15(2), 15(9)).

For corporations, partnerships, trusts and estates

Nominate one natural-person representative to be enrolled to vote on the entity’s behalf; ensure the nominee is not already enrolled in another capacity (cll 13(1)-(4), 41(1)-(4)).
Where there is ambiguity about whether rice is grown on behalf of the entity, be prepared to supply information at the returning officer’s request via the appropriate officer to enable the returning officer’s opinion (cll 13(7), 41(7)).
Note that share-farming agreement parties are not to be treated as partnerships for this purpose; plan nominations accordingly (cll 13(5), 41(5)).

For candidates and campaign teams

Check eligibility: any person is eligible to be nominated, except that persons who have held Board office more than eight years in total require Ministerial approval to be nominated (cl 30(1)-(3)); include prior service pre-dating the clause in calculations (cl 30(4)).
Secure six nominators: each nominator must have the prescribed qualifications,ensure you have at least six nominators who meet cl 5 and lodge the nomination in the Secretary-approved form before close of nominations (cll 31(1)(a)-(b), 28(3)(e)).
Prepare candidate information sheet material: submit a statutory declaration with the information you want on the candidate information sheet, not exceeding 100 words; if material is rejected you have seven days to provide suitable replacement material (cl 34(1)-(5)).
Anticipate ballot order: the returning officer will determine candidate order by the procedure in section 82A of the Parliamentary Electorates and Elections Act 1912 (cl 45(1)(a)); consult that Act for the procedure.
Appoint a scrutineer: if a ballot is held you are entitled to appoint a scrutineer to represent you at all stages of scrutiny (cl 51).

For the Rice Marketing Board and its secretary

Secretary responsibilities: the secretary is the prescribed officer for evidentiary purposes and a prescribed position for duties and liability under the Act (cll 64-65). Maintain records of roll certification and ballots as required (cll 7(2), 35(3), 20(2), 47(2)).
Common seal control: keep the Board’s common seal secure; affix only in the presence of at least two Board members and the secretary with attestation by their signatures (cl 60).
Alternate appointments: ensure any appointment of an alternate member by an elected member is in writing addressed to the Board’s secretary, contains required particulars, and is signed and dated; notify the Minister of any appointment (cl 59(2)-(3)).
Deputy Chair: elect the Deputy Chairperson from among nominated members as per cl 59A.
Exempt unsuitable rice: if exempting sales/purchases/receipts of rice unsuitable for milling from automatic vesting under the Act, follow the prescription in cl 62.

For returning officers and appropriate officers (operational compliance)

Provide and certify preliminary rolls in the approved form and supply addressed labels or envelopes for each roll entry (cll 7(1)(b)-(2), 35(2)-(3)).
Publish notices and ensure timing windows are respected: exhibit preliminary rolls for at least 14 days; ensure close of enrolments and close of ballots/polls fall within the prescribed ranges (cll 8(4)-(6), 36(4)-(6), 28(4)).
Maintain impartiality and document decisions: keep written records of enquiries and responses to objections, enrolments, and decisions to issue duplicate ballots (cll 15(5)-(9), 20(2), 25, 52).
Follow document and voting integrity tests: reject unopened envelopes not received on time or unsealed; verify names and signatures before opening; reject ballots that are informal under the specified criteria (cll 22, 25, 49, 52).
Observe candidate information submission rules: accept only statutory declarations and apply the 100-word and misleading/inappropriate tests; notify candidates where material is unsuitable and allow seven days for correction (cl 34).

For organisations wishing to appoint scrutineers

Provide notice in writing of the appointment of a scrutineer to the returning officer; ensure scrutineers understand they can attend and represent at all stages of scrutiny (cll 24, 51).

For persons making objections or claims

Use Secretary-approved forms for objections to enrolment (cll 15(2), 43(2)); if required verify by statutory declaration (cll 15(9), 43(9)).
For a notice of claim under s 59(3) of the Act, use the form in Schedule 1 and include all prescribed particulars in that form (cl 63; Schedule 1).

Record-keeping and evidence

Preserve copies of certified rolls, enrolment applications, objections, replies, statutory declarations, duplicate ballot records, and notification communications. The Regulation makes the secretary the prescribed evidentiary officer, so maintain readily verifiable records (cll 20(2), 47(2), 63-65).

Timing and planning

Plan all workstreams against the Regulation’s calendared minimum and maximum timeframes: close of exhibition not earlier than 14 days after calling (cll 8(4), 36(4)), close of nominations 21-28 days after calling (cl 28(4)), close of poll not earlier than 28 days and not later than 90 days after calling (cl 8(6)), close of ballot not earlier than 28 days after calling (cl 36(5)). Use permitted postponements (up to 14 days, possibly multiple times) only as contingency (cll 9, 29, 37).

Legal review and appeals

Be aware that many decisions are final under the Regulation (cl 55). Where a party considers there is legal error, advise them on potential external remedies under administrative law (judicial review) and the need to act quickly to preserve rights, since the Regulation provides few internal appeal processes.

Checklist summary (minimum practical items)

Confirm producer eligibility (cl 5).
Enrol or apply for enrolment early in Secretary-approved form (cll 14, 42).
If an entity, designate one natural-person nominee not enrolled elsewhere (cll 13, 41).
For candidates, secure six qualified nominators and submit nomination in approved form (cll 31, 28).
Prepare statutory declarations for candidate information, duplicates, or objections when necessary (cll 20, 34, 15, 43).
Follow the postal envelope and signature requirements precisely (cll 19, 21, 46, 48).
Keep records and maintain statutory-declaration documentation (cll 20(2), 47(2), 15(9), 43(9)).
If seeking to continue past eight years’ Board service, apply to the Minister for approval with supporting material showing public interest and rice-industry interest (cl 30(2)-(3)).
Use Schedule 1 form for notices of claim (cl 63; Schedule 1).

Adopting these practical steps, and cross-checking with the full text of the Rice Marketing Act 1983 and the referenced electoral provisions of the Parliamentary Electorates and Elections Act 1912 and the Constitution Act 1902 where counting and ballot order are concerned, will allow compliance with the detailed procedural obligations in this Regulation.