41Enrolment of representatives

41 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.