Agricultural Industry Services (Polls and Elections) Regulation 2000
Repealed version for 11 August 2000 to 31 August 2005 (accessed 24 May 2013 at 12:12)
Part 3Division 2

Division 2 Nominations

28   Eligibility for nomination

Any person who belongs to the class of primary producers for which the committee concerned is constituted, as set out in the committee’s foundation regulation, is eligible for nomination as a candidate for election to that committee.

29   Nomination of candidates

(1)  A nomination of a candidate:
(a)  must be in Form 5, and
(b)  must be made by at least 6 persons (other than the candidate) who are entitled to vote in the election, and
(c)  must contain a statement, signed by the candidate, stating that the candidate consents to the nomination, and
(d)  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 entitled 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 entitled 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.

30   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.

31   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.

32   Candidate information sheets

(1)  At any time before the close of nominations, a candidate may submit to the returning officer a statutory declaration, in Form 6, containing information intended for inclusion in a candidate information sheet.
(2)  If a ballot is to be held, the returning officer must draw up a candidate information sheet consisting of the information contained in the statutory declarations submitted by the candidates.
(3)  In drawing up a candidate information sheet, the returning officer may omit (or, with the consent of the candidate, correct) so much of the information contained in a candidate’s statutory declaration as the returning officer considers:
(a)  to be false or misleading, or
(b)  to be inappropriate for inclusion in the candidate information sheet, or
(c)  to exceed the maximum amount of information that is suitable for inclusion in the candidate information sheet.
(4)  If a candidate does not submit a statutory declaration to the returning officer, the returning officer may, in drawing up a candidate information sheet, include in the sheet in respect of the candidate the words “NO INFORMATION RECEIVED”.
(5)  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.
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