S.I. No. 239/1967:

MILK BOARD (ELECTIONS) REGULATIONS, 1967.

MILK BOARD (ELECTIONS) REGULATIONS, 1967.

I, NEIL T. BLANEY, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by section 13 (2) of the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936), as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1965 ( S.I. No. 146 of 1965 ), do hereby order and make the following regulations:

1. These Regulations may be cited as the Milk Boards (Elections) Regulations, 1967.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. In these Regulations--

"the Act" means the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936);

"board" means a board established under section 8 of the Act;

"election" means an election of a particular class of ordinary members of a board held in pursuance of section 12 of the Act.

4. Whenever a day on which anything is required by these Regulations to be done falls on a Sunday or bank holiday, such thing shall be done on the next preceding day which is neither a Sunday nor a public holiday.

5. Whenever an election is held, the Chairman of the board to which the election relates shall be the returning officer for the purposes of the election, and references in these Regulations to the returning officer shall be construed accordingly.

6. For the purposes of an election, the following provisions shall have effect--

(a) the latest day for giving notice of the election shall be the day which is twenty-eight clear days before the day (in this Regulation referred to as the day of election) which is in relation to the election the election day, within the meaning of section 11 of the Act;

(b) the latest day and hour for receiving nomination papers shall be 4 p.m. on the day which is nineteen clear days before the day of election;

(c) the latest day and hour for the withdrawal of candidates shall be twelve noon on the day which is eighteen clear days before the day of election;

(d) the poll shall close at 9 p.m. on the day of election.

7. (1) for the purposes of the preparation of a list of persons who are entitled to Vote at an election the following provisions shall have effect--

(a) the returning officer shall, not later than twenty-eight clear days before the day which is in relation to the election the election day, cause to be prepared a list (in this Regulation referred to as the electoral roll) of persons who are entitled to vote at the election;

(b) the electoral roll shall contain the name of each such person and his address which shall be the premises in respect of which he is registered in--

(i) in case the ordinary members to be elected are producer members--the register of producers,

(ii) in case the ordinary members to be elected are retailer members--the register of retailers,

(iii) in case the ordinary members to be elected are wholesaler members--the register of wholesalers, kept by the board to which the election relates;

(c) where a person entitled to vote at an election is registered in respect of more than one premises in a particular register, the name of such person shall be entered once only in the electoral roll, and his address shall be such one of the premises in respect of which he is so registered as the returning officer may determine;

(d) the names shall be arranged in such order as the returning officer may find convenient and shall be numbered consecutively;

(e) the electoral roll may after its completion be inspected by any person whose name is entered therein, or any other person authorised by such first-mentioned person, at the offices of the board to which the election relates during office hours and shall be kept open for such inspection until after the declaration of the result of the election;

(f) the returning officer shall, at the request of any person whose name is entered on the electoral roll, supply free of charge to such person one copy of the electoral roll.

(2) In these Regulations "elector" when used in relation to an election means a person whose name is entered in the electoral roll prepared under this regulation for the purposes of the election.

8. Notice of an election shall be in the Form No. 1 in the Schedule hereto, and shall be published by the returning officer not later than the latest date for giving notice of the election by advertisement in at least one daily newspaper circulating in the joint district of the board to which the election relates.

9. The following provisions shall have effect in relation to the nomination of candidates at an election--

(a) each candidate shall be nominated in writing in the Form No. 2 in the Schedule hereto and the nomination paper of a candidate (which shall relate to such candidate (only) shall contain a description of the candidate sufficient to identify him, and the particulars required by the said form (including a statement of the consent of the candidate to be so nominated, signed by the candidate) and shall be made and subscribed by--

(i) in case the election is for producer members or retailer members--twelve electors,

(ii) in case the election is for wholesaler members--one elector;

(b) no elector may subscribe a nomination paper for himself and no elector may sign more nomination papers than there are vacancies to be filled;

(c) a nomination paper intended to be subscribed by a partnership or by any other unincorporated body of persons shall be subscribed in the name of the partnership or such body by some person having authority to sign in that name;

(d) a nomination paper intended to be subscribed by a body corporate shall be signed by affixing to such paper the seal of the body in the manner required by the constitution, articles of association or other regulations of the body;

(e) the returning officer shall supply free of charge to any elector a form of nomination paper;

(f) the returning officer shall attend to receive nominations on the latest day for receiving nominations at the offices of the board to which the election relates between the hours of 10 a.m. and 4 p.m. (which period is in these Regulations referred to as the time for receiving nomination papers);

(g) a nomination paper may be delivered to the returning officer by sending it to him by prepaid post or by handing it to him personally, and may be so delivered at any time before the closing of the time for receiving nominations, but all nominations so delivered before the commencement of the time for receiving nominations shall be retained by the returning officer and produced by him at such commencement and for the purposes of these Regulations shall be deemed to have been delivered during the time for receiving nominations;

(h) no objection to a nomination paper on the ground of any description of the candidate therein not being sufficient or not being in accordance with these Regulations shall be valid unless it is made by the returning officer himself during the time for receiving nominations;

(i) every person whose nomination has been or is deemed to have been delivered to the returning officer during the time for receiving nominations shall be deemed to have been duly nominated unless before the expiration of the time appointed for receiving nominations or one hour afterwards objection has been made to such nomination by the returning officer or a candidate and the returning officer has allowed the objection.

10. A candidate at any election may at any time before the latest hour and day for the withdrawal of candidates withdraw his candidature by furnishing notice to that effect to the returning officer signed by the candidate, and in that case the candidate shall be deemed never to have been nominated.

11. In case the returning officer receives notice at least twelve clear days before the poll at an election that a candidate who has been validly nominated has died, such candidate shall be deemed never to have been nominated and the returning officer shall, subject to Regulation 12, take such steps, as in the particular circumstances are reasonable, to inform the electors of the death of the candidate and its effect upon the nomination.

12. In case the number of candidates validly nominated at an election is equal to or less than the number of ordinary members to be elected, no poll shall be taken, but the returning officer shall on the day, which in relation to the election is the election day, declare each of the candidates elected.

13. In case the number of candidates validly nominated at an election exceeds the number of ordinary members to be elected, a poll shall be taken in accordance with these Regulations.

14. (1) Where a poll is required by these Regulations to be taken at an election, the provisions contained in the following paragraphs of this Regulation shall have effect.

(2) (a) (i) The returning officer shall provide a sufficient number of polling stations for the accommodation of the electors and shall, for the purposes of taking the poll, allocate the polling stations amongst the electors other than those whose names are on the postal voters' list;

(ii) The returning officer shall, not less than twelve clear days prior to the day of the poll, send by post to each elector whose name appears on the electoral roll prepared for the election and does not appear on the postal voters' list, notice of the location of the polling station allocated to him under subparagraph (i);

(iii) The returning officer shall appoint a presiding officer to preside at each polling station and may, if he thinks fit, appoint a clerk or clerks to assist each presiding officer;

(iv) Each polling station shall be furnished with a sufficient number of compartments in which electors can mark their ballot papers screened from observation, and the returning officer shall provide such ballot boxes, ballot papers and other materials as are in his opinion necessary for the satisfactory conduct of the poll.

(b) Every ballot paper (including a ballot paper issued) under paragraph (4) (c) (v) shall comply with the following requirements--

(i) it shall be in Form No. 3 in the Schedule hereto and shall contain a list of the candidates who have been validly nominated and no others, described by their names, addresses and descriptions as stated in their nomination papers and arranged alphabetically in one continuous column in order of their surnames and, in case of identity of surnames, of their other names,

(ii) the surname of each candidate shall be printed on the ballot paper in large characters and his other names, address and description shall be printed in small characters, provided that whenever the surnames of two or more candidates are the same, there shall be printed in large characters (in addition to their surnames) the other names of such candidates and so much of the address or the description or both the address and the description of each such candidate as will, in the opinion of the returning officer, effectively distinguish such candidates;

(iii) it shall have a number printed on the back thereof,

(iv) it shall have attached a counterfoil with the said number printed on the face thereof,

(v) it shall be marked, at the time of issue to an elector, with an official mark on both sides of the paper, and

(vi) "Producer Members Ballot Paper". "Retailer Members Ballot Paper" or "Wholesaler Members Ballot Paper", as may be appropriate having regard to the particular class of ordinary member to be elected at the election, shall be printed on the ballot paper.

(3) (a) Subject to paragraph (4), a presiding officer at a polling station shall deliver a ballot paper to an elector who applies therefor provided that the elector produces a notice mentioned in subparagraph (a) (ii) stating that the polling station has been allocated to him for the purposes of the poll and provided also that the elector declares his name and address to be that registered for the time being with the board to which the election relates.

(b) Immediately before a ballot paper is delivered under subparagraph (a) to an elector--

(i) the number and name of the elector as stated in the electoral roll shall be called out,

(ii) the number of the elector shall be marked on the counterfoil of the ballot paper,

(iii) the ballot paper shall be marked with an official mark, and

(iv) a mark shall be placed on the electoral roll opposite the elector's number thereon to denote that a ballot paper has been delivered to the elector but without showing the number on the back of the ballot paper.

(4) (a) The returning officer shall compile a list, which shall be known as the postal voters' list, of--

(i) persons (if any) who are registered under section 31 (1) of the Act, as amended by section 12 of the Milk (Regulation of Supply and Price) (Amendment) Act, 1941 (No. 11 of 1941), in the register of producers kept by the board to which the election relates and whose address entered for the time being in such register is an address outside the production district of the board, and

(ii) persons (if any) who are registered under section 15 of the Milk (Regulation of Supply and Price) (Amendment) Act, 1941 , in the register of producers kept by the board to which the election relates.

(b) Each person whose name appears on the postal voters' list shall be entitled to vote by sending his ballot paper by post to the returning officer and shall not be entitled to vote in any other manner.

(c) (i) On a day which is twelve clear days before the day of the poll, the returning officer shall send by post to each person whose name appears on the postal postal voters' list at the address stated in such list a postal ballot paper together with a form of declaration of identity.

(ii) Every declaration of identity shall be in the Form No. 4 in the Schedule hereto and shall include (either on the face or the back of the form) instructions to the elector.

(iii) Every candidate shall be entitled to attend at the issue of the postal ballot papers and the returning officer shall, on the request of any candidate, inform him of the time and place at which such issue will be made,

(iv) No person shall be present at the issue of postal ballot papers other than the returning officer and his assistants, such of the candidates as choose to attend, and such other persons (if any) as the returning officer may permit to be so present.

(v) At the time appointed for the issue of postal ballot papers, the returning officer shall issue a ballot paper to each elector whose name is on the postal voters' list, and shall so issue such ballot paper by doing or causing to be done the following things--

(I) the number and name of the elector shall be called out;

(II) the elector's said number shall be marked on the counterfoil of the ballot paper;

(III) a mark shall be placed on the electoral roll opposite the elector's number thereon to denote that a postal ballot paper has been issued to the elector, but without showing the number on the back of the ballot paper;

(IV) the ballot paper shall be marked on both sides with an official mark;

(V) the number on the back of the ballot paper shall be marked upon a form of declaration of identity and upon a postal ballot paper envelope;

(VI) there shall be placed in an envelope, in these Regulations referred to as the outer envelope, in the Form No. 5 in the Schedule hereto addressed to the elector at his address as stated in the electoral roll prepared for the election, the following documents--

(A) the said ballot paper,

(B) the said form of identity,

(C) an envelope, in these Regulations referred to as the covering envelope, in the Form No. 6 in the Schedule hereto addressed to the returning officer, and stamped with an impressed or adhesive stamp of such value as is for the time being specified by the Minister for Posts and Telegraphs as the prepaid rate of postage for inland letters not exceeding three ounces in weight, and

(D) a small envelope, in these Regulations referred to as the postal ballot paper envelope, in the Form No. 7 in the Schedule hereto marked with the number on the back of the ballot paper;

(VII) the outer envelope shall be effectively closed.

(vi) When the requirements of subparagraph (v) have been complied with in respect of every elector whose name is on the postal voters' list, all the closed envelopes shall be collected, counted and posted.

(vii) The returning officer, as soon as practicable after the completion of the issue of the postal ballot papers, and in the presence of the candidates in attendance (if any), shall make up in separate packets, sealed with his own seal, and sealed by such of the candidates as desire to affix their seals, the marked copy of the electoral roll prepared for the election and used in connection with the issue of the postal ballot papers and the counterfoils of the postal ballot papers issued.

(viii) The returning officer shall provide a ballot box, in these Regulations referred to as the postal ballot box, for the reception of the covering envelopes, and on the completion of the issue of the postal ballot papers the returning officer shall show such ballot box open to the candidates (if any) present and shall seal such ballot box with his seal and make provision for the safe custody of such ballot box.

(d) (i) Postal ballot papers may be sent at any time before the close of the poll, either by post or by hand, to the returning officer at the office of the board to which the election relates.

(ii) The returning officer shall place in the postal ballot box every covering envelope received by him before the close of the poll as and when it is so received together with any other envelopes received by him containing postal ballot papers which may have been inadvertently opened by reason of such ballot papers not having been returned in the envelope provided for the purpose.

(iii) The returning officer shall seal up unopened in a package all covering envelopes received by him after the close of the poll and shall also seal up unopened in a separate package all outer envelopes returned to him as undelivered.

15. (1) If an elector to whom a ballot paper is delivered under Regulation 14 (3) inadvertently spoils his ballot paper, the presiding officer, on being satisfied as to such inadvertence, may deliver a further ballot paper to the elector. The presiding officer shall mark on the counterfoil of such further ballot paper the number on the back of the ballot paper so spoiled together with the word "duplicate."

(2) If an elector in relation to whom a ballot paper has been issued under Regulation 14 (4) inadvertently spoils his ballot paper, the returning officer, on being satisfied as to such inadvertence may, having duly received from the elector the declaration of identity, the outer envelope and the ballot paper so spoiled, issue a further ballot paper and declaration of identity to such elector. The returning officer shall mark on the counterfoil of such further ballot paper the number on the back of the ballot paper so spoiled together with the word "duplicate".

(3) Any spoiled ballot paper together with its counterfoil shall be dealt with in accordance with these Regulations.

16. If any elector informs the returning officer that two days have elapsed since a ballot paper issued under Regulation 14 (4) should have been delivered to him, and that a ballot paper has not been so delivered, the returning officer may issue a further ballot paper and declaration of identity which, by being of a different colour, can readily be distinguished from the ballot papers already issued. The name and address of such elector shall be written on the counterfoil of the further ballot paper so issued. Such further declaration of identity and ballot paper are respectively referred to in these Regulations as a special declaration of identity and a special ballot paper.

17. (1) An elector in giving his vote must secretly place on the ballot paper the mark "x" opposite the name of every candidate for whom he votes. An elector may not vote for more candidates than there are vacancies to be filled.

(2) (a) The provisions contained in the following subparagraphs shall have effect in relation to voting by postal ballot.

(b) Every declaration of identity shall be signed by the elector and (except where the elector is a body corporate) shall be signed in the presence of a witness who shall also sign such declaration and state thereon his address and occupation.

(c) The following provisions shall have effect in relation to the signing of declarations of identity of electors--

(i) where the elector is a partnership, the declaration shall be signed in the partnership name by one of the partners followed by the signature of such partner in his own name and the word "partner";

(ii) where the elector is an unincorporated body of persons the declaration shall be signed in the name of such body by some person having authority to sign in that name followed by the signature of such person in his own name and a statement of the capacity in which he signs in the name of the body;

(iii) where the elector is a body corporate the declaration shall be signed by affixing thereto the seal of the body in the manner and with the countersignatures required by the constitution, articles of association, or other regulations of the body;

(iv) a declaration of identity purporting to be signed in accordance with this subparagraph shall, until the contrary is proved, be deemed to be signed in accordance with these Regulations.

18. (1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further electors are admitted to the polling station but any elector on the premises shall, subject to the provisions of the Act and these Regulations, be entitled to receive a ballot paper and to vote.

(2) As soon as practicable after the close of the poll the presiding officer shall seal each ballot box in his charge so that no further ballot papers may be inserted therein, shall attach its key thereto and shall seal up in separate packets--

(a) the unused and spoiled ballot papers placed together,

(b) the counterfoils of the ballot papers, and shall deliver such packets and ballot boxes to the returning officer.

19. Not less than three days before the close of the poll, the returning officer shall send by post to every candidate at his address, as stated in his nomination paper, notice in writing of the time and place at which he will open the ballot boxes and count the votes.

20. In case a candidate who has been validly nominated at an election dies before the completion of the election and the returning officer does not receive notice of the death of the candidate at least twelve clear days before the poll, the following provisions shall apply:

(i) the votes cast for the candidate shall be counted,

(ii) in case, but only in case, the votes cast for the candidates are sufficient to have elected the candidate, were he then alive, to membership of the board to which the election relates, the candidates shall be deemed to have been so elected and a casual vacancy in the membership of the board shall be deemed to have occurred immediately after the day of the first meeting of the new board.

21. The following provisions shall have effect in relation to the scrutiny and counting of votes cast at an election:

(a) the scrutiny and counting of votes shall commence as soon as practicable after the closing of the poll, and shall be held at the offices of the board to which the election relates;

(b) the following persons and no other may be present at the scrutiny and counting of votes, namely, the returning officer, his assistants and the candidates;

(c) the returning officer shall first open the postal ballot box (if any) and shall do the following things, namely:

(i) take all the covering envelopes out of the postal ballot box and count and note the number thereof;

(ii) open each covering envelope and segregate any of those envelopes containing a special declaration of identity, and then take up each of the said covering envelopes not so segregated and examine the declaration of identity therein and compare the number of such declaration with the number of the ballot paper envelope in such covering envelope;

(iii) if the said numbers agree and the declaration of identity is found to be duly completed and made, he shall place the declaration of identity and the ballot paper envelope in separate receptacles;

(iv) if he is not satisfied that the declaration of identity has been duly completed and made, he shall endorse the declaration of identity "vote rejected," and shall attach thereto the ballot paper envelope, without opening such envelope, or if there is no such envelope, the postal ballot paper;

(v) if he finds that the numbers on the declaration of identity and on the ballot paper envelope do not agree, or if the envelope has no number on it, he shall open the envelope, and if the number on the postal ballot paper agrees with the number on the declaration of identity he shall place such ballot paper in the special receptacle provided by him for postal ballot papers;

(vi) if the number on any postal ballot paper does not agree with a number on the declaration of identity, he shall replace the ballot paper in its envelope, if any, attach such envelope or ballot paper (as the case may be) to the declaration of identity, and endorse the declaration of identity, "vote rejected";

(vii) where a declaration of identity does not appear to accompany the ballot paper envelope, he shall open the ballot paper envelope, and if it is found to contain the declaration of identity he shall deal with such declaration and ballot paper envelope in accordance with the foregoing provisions of this Regulation;

(viii) he shall mark with the word "rejected" every declaration of identity which is not accompanied by any ballot paper, and every ballot paper which is not accompanied by a declaration of identity;

(ix) when all the said covering envelopes not segregated and under subparagraph (ii) have been dealt with under the foregoing provisions of this paragraph, he shall take out separately each of the said covering envelopes segregated under that paragraph as containing a special declaration of identity and examine the declaration of identity therein and ascertain whether a declaration of identity in respect of the same elector has, or has not, been previously examined under this paragraph;

(x) if a declaration of identity in respect of the same elector has previously been examined under this paragraph, he shall mark the special declaration of identity "vote rejected" and shall attach thereto the ballot paper envelope without opening the same, or, if there is no such envelope, the ballot paper;

(xi) if a declaration of identity in respect of the same elector has not been previously examined under this paragraph, he shall deal with the special declaration and the ballot paper envelope and the special ballot paper in accordance with the foregoing provisions of this paragraph other than the last two preceding clauses thereof;

(d) where a postal ballot paper and a declaration of identity are received together and the numbers thereon agree, such ballot paper shall not be rejected solely on the ground that such ballot paper and declaration of identity were or either of them was not placed in the proper envelopes or envelope or that any such envelope was not fastened;

(e) the returning officer shall show any declaration of identity which he proposes to reject on the ground that it has not been properly completed and made to the candidates present, and if any objection is made by any such candidate to his decision, he shall add to the endorsement the "words rejection objected to ";

(f) the returning officer shall keep all rejected declarations of identity with the attached envelopes or ballot papers, as the case may be, separate from other documents;

(g) when all the covering envelopes in the postal ballot box have been opened and the contents dealt with in accordance with this Regulation, the returning officer shall open each unopened ballot paper envelope and compare the number on the envelope with the number on the ballot paper therein, and if the number on the ballot paper agrees with the number on the envelope he shall place the ballot paper in a special receptacle provided by him for postal ballot papers, but if the number on the ballot paper does not agree with the number on the envelope he shall mark the ballot paper "rejected" and shall attach it to the envelope;

(h) as soon as the returning officer has completed the placing of the ballot papers in the said special receptacle, he shall seal up in separate packets, (i) the declarations of identity which accompanied any ballot papers duly accepted, (ii) any rejected declarations of identity, and (iii) any rejected ballot papers, in the two latter cases with the envelopes (if any) attached thereto;

(i) when the returning officer has complied with the foregoing provisions he shall then take the postal ballot papers out of the said special receptacle and all the other ballot papers out of the remaining ballot boxes and segregate both of them according to the particular election to which they apply, namely, Producer Members Election, Retailer Members Election or Wholesaler Members Election, and place them, so segregated, in separate receptacles;

(j) as respects each receptacle mentioned in subparagraph (i), the Returning officer shall, after thoroughly mixing together the ballot papers contained in the receptacle, take the ballot papers out of the receptacle, count and note the number thereof and then count, in accordance with these Regulations, the votes recorded on such ballot papers;

(k) the returning officer shall endorse "rejected" on any ballot paper which he rejects as invalid, and if an objection be made by any candidate to his decision rejecting the ballot paper, he shall add to the said endorsement "rejection objected to";

(l) the returning officer shall credit every candidate, against whose name a mark is placed on a valid ballot paper indicating that the elector votes for such candidate, with one vote;

(m) the returning officer shall, subject to these Regulations, count the number of votes credited to the candidates as expressed on the ballot papers and shall declare elected the candidate with the largest number of votes, and shall then declare elected the candidate with the next largest number of votes, and so on until the number of candidates so declared to be elected is equal to the number of vacancies to be filled at the election;

(n) if two or more candidates are each credited with the same number of votes and if both of such candidates cannot be declared elected in accordance with the preceding paragraph, the returning officer shall determine by lot which of such candidates is elected;

(o) the returning officer shall prepare and sign a statement setting forth the names and addresses of the candidates elected, the total number of ballot papers issued or delivered, and counted, and shall send a copy of such statement to the board to which the election relates.

22. The returning officer shall seal up in a package all spoiled ballot papers received by him and in relation to which a further ballot paper or declaration of identity has been issued or delivered in accordance with these Regulations and in case he so receives a spoiled postal ballot paper he shall, before placing such ballot paper in the package, attach to that ballot paper the declaration of identity which accompanied it together with the covering or postal ballot paper envelope (if any) received therewith.

23. All expenses incurred by the returning officer in relation to an election shall, to such extent as may be sanctioned by the Minister for Agriculture and Fisheries, be paid by the board to which the election relates.

24. The Milk Boards (Electrons) Regulations, 1937 (S.R. & O., No. 178 of 1937), the Milk Boards (Elections) Regulations, 1944 (S. R. & O., No. 38 of 1944), and the Milk Boards (Elections) Regulations, 1946 (S.R. & O., No. 306 of 1946), are hereby revoked.

FORM No. 1.

FORM OF NOTICE OF ELECTION

The (a)............................................................ ............................................................ ...................... Milk Board

Election of (b)............................................................ ............................................................ ............. Members

Day of Election the ................................ day of............................................................ .....................................

The returning officer for the election of the above-named class of ordinary members of the said Board hereby gives notice that he will on the ............................. day of ............................................... now next ensuing between the hours of 10 in the forenoon and 4 in the afternoon attend at the offices of the said Board at ............................................................ ................................................ to receive nominations for the election of (c)............................................................ ....................................................

ordinary members of the above-named class.

Candidates for election must be entered on the electoral roll prepared for the purpose of the election.

Any person whose name is entered on the said roll may obtain, free of charge on application at the offices of the Board, a copy of the said electoral roll and a form of nomination paper.

Every nomination paper must be signed by (d)............................................................ .... person(s) (exclusive of the candidate) whose name(s) are or is entered on the said electoral roll, and must include a statement by the candidate of his consent to be so nominated, signed by himself.

Every nomination paper must be delivered either by prepaid post or by hand to the returning officer either--

(a) at the place above-mentioned, between the hours of 10 a.m. and 4 p.m. on the ............... day of............................................................ ...................,...................................................... , or

(b) at any time before 10 a.m. on the said day.

A candidate may withdraw his candidature by furnishing notices to that effect signed by him to the returning officer, before ......................... on the ........................... day of .............................................., ......................

If the election is contested postal ballot papers will be issued on the ..................... day of..............................., and the poll will open at......................... and close at 9 p.m. on the .................... day of ................................., .............

Any postal ballot paper received after the close of the poll will not be counted.

Signed

Returning Officer.

Dated ................................................ day of ............................................................ ... , ....................

(a) Insert name of Board.

(b) State here whether producer members, retailer members or wholesaler members.

(c) Insert number of vacancies to be filled.

(d) If the election is for producer members or retailer members insert twelve; if wholesaler members, insert one.

FORM No. 2.

FORM OF NOMINATION PAPER.

The (a)............................................................ ............................................................ ................... Milk Board

Election of (b)............................................................ ............................................................ ........... Members

on the ............................................................ .............. day of ............................................................ ............

We (or I) the undersigned being persons (or a person) duly qualified as nominators (or as a nominator) hereby nominate the following person as a (c)............................................................ .............. member of the said Board.

Signatures and Addresses of

Nominators (or Nominator)

(d)

Dated the ............................. day of ................................................, ...............

I ............................................................ .......................... of .......................................................... the person

nominated in this nomination paper hereby consent to this nomination.

Signed: ............................................................ .....................

Dated the ........................ day of ............................. .........

Note: See instruction overleaf.

Form of Back of Nomination Paper.

Attention is directed to the following provisions of the Milk Board (Elections) Regulations, 1967.

9. The following provisions shall have effect in relation to the nomination of candidates at an election--

(a) each candidate shall be nominated in writing in the Form No. 2 in the Schedule hereto and the nomination paper of a candidate (which shall relate to such candidate only) shall contain a description of the candidate sufficient to identify him, and the particulars required by the said form (including a statement of the consent of the candidate to be so nominated, signed by the candidate) and shall be made and subscribed by--

(i) in case the election is for producer members or retailer members--twelve electors.

(ii) in case the election is for wholesaler members--one elector;

(b) no elector may subscribe a nomination paper for himself and no elector may sign more nomination papers than there are vacancies to be filled;

(c) a nomination paper intended to be subscribed by a partnership or by any other unincorporated body of persons shall be subscribed in the name of the partnership or such body by some person having authority to sign in that name;

(d) a nomination paper intended to be subscribed by a body corporate shall be signed by affixing to such paper the seal of the body in the manner required by the constitution, articles of association or other regulations of the body;

(a) Insert name of Board.

(b) State here whether producer members retailer members or wholesaler members.

(c) State here whether as a producer member, retailer member or wholesaler member.

(d) Note: in the case of a producer member or a retailer member there must be twelve nominators, in the case of wholesaler member one nominator is sufficient.

FORM No. 3.

FORM OF BALLOT PAPER.

(a)............................................................ ............................................................ ....... Members Ballot Paper.

The (b)............................................................ ............................................................ ................. Milk Board.

Election of (a)............................................................ ............................................................ .......... Members

on the ............................................................ .............. day of ............................................................ ...........

Number to be elected (c)...........................................................

............................................................ ...................

BEFORE MARKING THIS BALLOT PAPER INSTRUCTIONS ON THE BACK HEREOF SHOULD BE READ

Back of Form No. 3 (Form of Ballot Paper)

Number ..............................

Election of .............................................. members of

the .........................................  ...... Milk Board.

Note: The number on the back of the ballot paper is to correspond with that on the counterfoil.

(a) State here whether producer members, retailer members or wholesaler members.

(b) Insert name of Board.

(c) State here number.

Counterfoil No.

Election of

_______________

members of the

_______________

Milk Board.

Note: the counterfoil is to have a number to correspond with that on the back of the ballot paper.

INSTRUCTIONS TO THE ELECTOR

1. You may vote for (a)........................................................... candidates only.

2. You should vote by marking "X" opposite the name of each candidate for whom you vote.

3. If you vote at a polling station you should, immediately after voting, fold this ballot paper to conceal your vote. Show the back of the ballot paper to the presiding officer and put the ballot paper in the ballot box.

4. If you are voting by postal ballot you should note carefully the special instructions on the FORM OF DECLARATION OF IDENTITY.

FORM No. 4.

FORM OF DECLARATION OF IDENTITY

The (a) ............................................................ ............................................................ ................. Milk Board

Election of (b)............................................................ ............................................................ ......... Members.

Ballot Paper Number ............................................................ ..

I/We do hereby declare that I/We am/are the elector to whom the ballot paper numbered as above and the envelope in which the same was enclosed (both of which are now produced) were sent.

Signature of elector*............................................................ .......

............................................................ ...........................................

............................................................ ..........................................

............................................................ ..........................................

............................................................ ...........................................

†Signed in the presence of:--

Signature of Witness ............................................................ ....

Address ............................................................ ........................

Description ............................................................ ...................

(a) Insert here name of Board.

(b) State here whether producer members, retailer members or wholesaler members.

*Before signing this declaration the elector should read carefully the rules set out below as to the particular manner in which it must be signed by the classes of electors specified.

Failure to sign this declaration in accordance with these rules may involve the rejection, of the vote.

†This portion is not required where the elector is a body corporate.

RULES FOR SIGNING DECLARATION OF IDENTITY

17. (2) (a) The provisions contained in the following subparagraphs shall have effect in relation to voting by postal ballot.

(b) Every declaration of identity shall be signed by the elector and (except where the elector is a body corporate) shall be signed in the presence of a witness who shall also sign such declaration and state thereon his address and occupation.

(c) The following provisions shall have effect in relation to the signing of declarations of identity of electors--

(i) where the elector is a partnership, the declaration shall be signed in the partnership name by one of the partners followed by the signature of such partner in his own name and the word "partner";

(ii) where the elector is an unincorporated body of persons the declaration shall be signed in the name of such body by some person having authority to sign in that name followed by the signature of such person in his own name and a statement of the capacity in which he signs in the name of the body;

(iii) where the elector is a body corporate the declaration shall be signed by affixing thereto the seal of the body in the manner and with the countersignatures required by the constitution, articles of association, or other regulations of the body;

(iv) a declaration of identity purporting to be signed in accordance with this subparagraph shall, until the contrary is proved, be deemed to be signed in accordance with these Regulations.

Back of Form No. 4 (Form of Declaration of Identity)

INSTRUCTIONS TO THE ELECTOR

1. The elector may vote for ............................................................ ............. candidates only.

2. The elector must vote by marking the ballot paper in the left side with the mark "X" opposite the name of each candidate for whom he votes.

3. The Returning Officer will credit every candidate against whose name the mark "X" is placed on a valid ballot paper with one vote.

4. Immediately after voting, the elector must place the marked ballot paper in the enclosed envelope on which are printed the words "Ballot Paper Envelope" and fasten it up. He must then place the ballot paper envelope, together with this paper, in the other larger enclosed envelope addressed to the Returning Officer and return the same without delay.

Postal ballot papers received after the hour of .................. o'clock on the .................. day of .............................. 19 ....... , will not be counted.

FORM No. 5.

FORM OF OUTER ENVELOPE

FORM No. 6.

FORM OF COVERING ENVELOPE.

FORM No. 7.

FORM OF BALLOT PAPER ENVELOPE.

GIVEN under my Official Seal, this 14th day of November, 1967.

NEIL T. BLANEY,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

These Regulations provide for the manner in which elections of ordinary members of Milk Boards are to be conducted and other matters relating to such elections.