Western Australian Consolidated Regulations

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MARKETING OF POTATOES REGULATIONS 1987 - REG 9

9 .         Nominations

        (1)         A person who is a commercial producer and is not — 

            (a)         an undischarged bankrupt; or

            (b)         a person who has been convicted of an indictable offence for which a sentence of imprisonment for 12 months or longer may be imposed,

                may nominate for election for appointment as an elective member of the Corporation.

        (2)         Every nomination of a candidate for election as an elective member of the Corporation — 

            (a)         shall be made in writing, in the form of Form 1 in Schedule 1;

            (b)         shall be signed by the candidate and by a proposer and seconder, both of whom shall be persons enrolled on the electoral roll to be used at the election; and

            (c)         shall be sent or delivered to the returning officer so as to be in his hands not later than 12 o’clock noon of the nomination day for the election.

        (3)         Every nomination form received by the returning officer after the time specified in subregulation (2)(c) shall be rejected by him.

        (4)         Forthwith, after 12 o’clock noon of the nomination day, the returning officer shall examine all the nominations received by him and satisfy himself that the candidates whose names appear on the nomination forms are eligible for election, and that the persons who have signed the forms as proposer and seconder are entitled to do so.

        (5)         The returning officer shall reject any nomination form which, in his opinion, is not in order as required by these regulations, and any such rejection shall be final and conclusive.

        (6)         Where the number of candidates nominated does not exceed the number of candidates to be elected, the returning officer shall forthwith certify that fact to the Corporation, together with the names, addresses and occupations of the candidates nominated in accordance with Form 2 in Schedule 1 and such certificate, when received by the Corporation, shall be final and conclusive evidence of the election of the candidates as members of the Corporation.

        (7)         Where the Chairman of the Corporation receives the certificate specified in subregulation (6) he shall cause a copy to be published in the Government Gazette and in a newspaper published in Perth.

        (8)         Where the number of candidates nominated exceeds the number to be elected, the returning officer shall hold an election in accordance with these regulations.

        [Regulation 9 amended in Gazette 1 Sep 1995 p. 4064.]



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