Division 5Division 5 Procedure for election of industry members of Management Advisory Committees
In this Division:close of the ballot, in relation to an election, means the time and date for the close of the ballot for the election that have been fixed under this Regulation by notice under clause 313 or, if that close has been extended, the time and date fixed under clause 314.
close of nominations, in relation to an election, means the time and date for the close of nominations for the election that have been fixed under this Regulation by notice under clause 313 or, if that close has been extended, the time and date fixed under clause 314.
close of the roll, in relation to an election, means the time and date for the close of the roll for the election that have been fixed under this Regulation by notice under clause 313 or, if that close has been extended, the time and date fixed under clause 314.
election means an election conducted for the purposes of electing one or more members of a MAC as provided by section 230 (2) (a) of the Act.
industry member, of a MAC, means a member of a MAC who is elected and appointed pursuant to section 230 (2) (a) of the Act.
MAC means a Management Advisory Committee.
returning officer means:
(a) the Electoral Commissioner for New South Wales, or(b) a person nominated by the Electoral Commissioner for the purpose of exercising the functions of a returning officer.roll, in relation to an election, means the roll prepared for the election by the Director-General under this Division.
312 Notice that election is required
When an election is required under section 230 (2) (a) of the Act, the Director-General is:(a) to give the returning officer written notice that an election is required, and(b) to prepare, certify and deliver to the returning officer a roll containing the full names and addresses of the persons who, in the opinion of the Director-General, are qualified to vote in the election, to stand as a candidate and to nominate a candidate in the election.
(1) The returning officer is to publish written notice of an election as soon as practicable after having been notified in writing by the Director-General that the election is required.(2) The notice is to be published in at least one newspaper that circulates throughout New South Wales and in such other local newspaper (if any) as the returning officer considers appropriate.(3) The notice of the election must:(a) fix a time and date for the close of nominations, and(b) fix a time and date for the close of the roll, and(c) state that if the election is contested a ballot will be held, and fix a time and date for the close of the ballot.The notice may contain such other information concerning the election as the returning officer considers appropriate.
(4) The close of nominations and the close of the roll must be not earlier than 21 days, and not later than 28 days, after the date on which the notice is published.(5) The returning officer must also forward to each person included in the roll a notice setting out the matters set out in the notice of election and including such other information as the returning officer considers appropriate.
314 Postponement of closing dates
(1) The returning officer may postpone (for a period not exceeding 14 days) the close of nominations, the close of the roll or the close of the ballot by written notice in a form similar to, and published in the same manner as, the notice referred to in clause 313.(2) The returning officer may exercise the power conferred by this clause more than once in respect of an election.
(1) A person is qualified to nominate a candidate for an election if, and only if, the person is entitled to vote in the election.(2) A person is not entitled to nominate more than the number of candidates that are required to be elected to represent the person.(3) A nomination of a candidate:(a) must be in a form approved by the returning officer, and(b) must be made by no fewer than 2 persons (other than the candidate) who are qualified to nominate a candidate, and(c) must be lodged with the returning officer before the close of nominations.(4) 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.
A candidate may withdraw his or her nomination by notice in writing addressed to the returning officer at any time before the close of nominations.
(1) The Director-General is to cause copies of the roll to be exhibited for public inspection at offices of the Department for a period of at least 14 days ending at the close of the roll.(2) The Director-General may cause the copies of the roll to be exhibited at such other places the Director-General considers appropriate.
318 Application for enrolment by person not already enrolled
(1) A person may apply to the Director-General, in a form approved by the Director-General, for inclusion in the roll.(2) The application must be lodged on or before the close of the roll.(3) On receipt of the application the Director-General must:(a) if satisfied that the applicant is qualified to vote in the election, accept the application and enter the name and address of the applicant in the roll, or(b) if not so satisfied, reject the application and inform the applicant in writing that the application has been rejected.(4) The Director-General may, before the close of the roll, make any other necessary correction of the roll.(5) A determination by the Director-General as to whether or not a person is likely to be a shareholder or commercial fisher in a fishery is final and conclusive.
(1) In the case of an election for industry members of a MAC for a share management fishery for which members are not elected to represent shareholders of a particular class of shares in the fishery, if by the close of nominations the number of candidates duly nominated for election does not exceed the number of industry members of which the MAC is composed, the returning officer is to declare all those candidates duly elected.(2) In the case of an election for industry members of a MAC for a share management fishery for which members are elected to represent shareholders who hold shares of a particular class in the fishery, if by the close of nominations the number of candidates duly nominated for election to represent shareholders who hold shares of a particular class does not exceed the number required to be elected to represent those shareholders (as specified in relation to the fishery concerned in Column 3 of the Table to clause 307), the returning officer is to declare those candidates duly elected.(3) If the number of candidates in the election exceeds the number required to be elected, a ballot must be held.
(1) As soon as practicable after it becomes apparent to the returning officer that a ballot must be held, the returning officer is to notify the Director-General of that fact.(2) Within 7 days after having been so notified by the returning officer, the Director-General is to certify and deliver to the returning officer a copy of the roll, as in force at the close of the roll, together with an appropriately addressed label or an appropriately addressed envelope for each person whose name is included in that roll.(3) This clause does not apply to an election that is held as a consequence of an earlier election that has failed but in respect of which the relevant roll has been furnished to the returning officer under this clause.
(1) The returning officer must, as soon as practicable after the close of nominations in an election:(a) 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 prescribed for the purposes of section 82A of the Parliamentary Electorates and Elections Act 1912, and(b) cause sufficient ballot-papers to be printed so that a ballot-paper may be forwarded to each person included in each of the rolls.(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, in the opinion of the returning officer, the names of two or more of the candidates are so similar as to cause confusion, such other matter as will, in the opinion of the returning officer, distinguish between those candidates, and(c) such directions as to the manner in which a vote is to be recorded, and the ballot-paper returned to the returning officer, as the returning officer considers appropriate.
322 Distribution of ballot-papers
The returning officer must, as soon as practicable after the printing of the ballot-papers for an election, forward to each person included in the roll for the election:(a) a ballot-paper initialled by the returning officer or by a person authorised by the returning officer in that behalf, 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 the person’s name, address and signature.
(1) At any time before the close of the ballot, the returning officer may supply a duplicate ballot-paper to any voter to whom a ballot-paper was forwarded if the voter satisfies the returning officer by statutory declaration that the ballot-paper has been spoilt, lost or destroyed, and that the voter has not already voted in the election to which the ballot-paper relates.(2) The returning officer is to maintain a record of all duplicate ballot-papers supplied under this clause.
In order to vote in an election, an elector must:(a) complete the ballot-paper in accordance with the directions printed on it, and(b) place the completed ballot-paper (folded so that the vote cannot be seen) in the envelope addressed to the returning officer and forwarded with the ballot-paper, and(c) seal the envelope, and(d) insert his or her full name and address on the back of the envelope and sign the back of the envelope, and(e) return the envelope to the returning officer so that it is received by the returning officer before the close of the ballot.
(1) In any ballot, the returning officer must reject any envelope purporting to contain a ballot-paper, being an envelope:(a) that is not received by the returning officer before the close of the ballot, or(b) that is unsealed,without opening the envelope or inspecting the ballot-paper.(2) On receipt, before the close of the ballot, of an envelope purporting to contain a ballot-paper, the returning officer must examine the name on the back of the envelope and:(a) if the returning officer is satisfied that a person of that name is included in the relevant roll for the election, accept the ballot-paper in the envelope for scrutiny without opening the envelope and draw a line through that person’s name in the roll, or(b) if the returning officer is not so satisfied, or if a signature does not appear on the back of the envelope, reject the ballot-paper in the envelope without opening the envelope.(3) If it appears to the returning officer that the signature on the back of any such envelope is not the signature of the person whose name and address appear on the back of the envelope, the returning officer may make such inquiries as the returning officer thinks fit. If the returning officer is satisfied after making those inquiries that the signature is not the signature of that person, the returning officer is to reject the ballot-paper in the envelope without opening the envelope.
326 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.
Each candidate in a ballot is entitled to appoint, by notice in writing to the returning officer, a scrutineer to represent the candidate at all stages of the scrutiny.
(1) 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 a mark prescribed as an official mark for the purposes of section 122A (3) of the Parliamentary Electorates and Elections Act 1912, or(b) it has on it any mark or writing that, in the opinion of the returning officer, 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.(2) A ballot-paper must not be rejected as informal merely because:(a) there is any mark or writing on it that is not authorised or required by this Division (not being a mark or writing referred to in subclause (1) (b)) if, in the opinion of the returning officer, the voter’s intention is clearly indicated on the ballot-paper, or(b) the number of candidates the voter has recorded a vote for is less than the number to be elected.(3) The scrutiny of votes in a ballot is to be conducted as follows:(a) the returning officer must produce unopened the envelopes containing the ballot-papers accepted for scrutiny under clause 325 in respect of the ballot, other than any envelope purporting to contain a ballot-paper rejected under clause 325 (3),(b) the returning officer must then 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 so opened have been placed in the ballot-box, the returning officer must then unlock the ballot-box and remove the ballot-papers,(d) the returning officer must then examine each ballot-paper and reject those that are informal,(e) the returning officer must then proceed to count the votes and ascertain the result of the election in accordance with clause 326.
(1) In any election the method of counting votes is to be the “first past the post” method, that is, the candidate or candidates with the most votes is or are taken to be elected.(2) If the number of candidates to be elected cannot be determined because of an equality of votes, the candidate taken to be elected is the candidate whose name is drawn by lot from a receptacle containing the names of each of the candidates having equal votes.
330 Notification of result of election
(1) As soon as practicable after a candidate has been elected, the returning officer must notify the Minister, in writing, of the name of the candidate or candidates so elected.(2) The Minister is to publish written notice of the appointment of elected industry members in the Gazette.
331 Decisions of returning officer final
If the returning officer is permitted or required by the Act or this Division to make a decision on any matter relating to the conduct of a ballot in an election, the decision of the returning officer on that matter is final.
Any person who:(a) votes, or attempts to vote, more than once in any election, or(b) votes, or attempts to vote, in an election in which the person is not entitled to vote, or(c) makes a false or intentionally misleading statement (not being a statement verified by statutory declaration):is guilty of an offence.(i) to the returning officer in connection with an election, or(ii) in any document that the person furnishes for the purposes of an election,Maximum penalty: 5 penalty units.
Where a candidate dies after the close of nominations and before the close of the ballot for an election:(a) the returning officer must cause a notification of the death to be published in the Gazette, and(b) all proceedings in the election taken after the Director-General notified the returning officer that the election was required to be held are to be of no effect and those proceedings must be taken again.