Commonwealth Numbered Regulations

DAIRY PRODUCE (DAIRY SERVICE LEVY POLL) REGULATIONS 2006 (SLI NO 261 OF 2006) - REG 25

         (1)   For each rate proposed in a poll, the returning officer must add the number of valid votes represented by ballot‑papers on which a first preference is indicated for the rate.

         (2)   If, after doing the addition, there is a majority of first preference votes for one rate, the returning officer must declare that rate to be the rate that must be recommended to the Minister under subsection 9 (2) of the Act.

         (3)   If, after doing the addition, there is not a majority of first preference votes for one rate, the returning officer must take the following steps:

                (a)    the rate with the fewest first preference votes must be excluded, and each ballot‑paper marked with a first‑preference vote for that rate must be transferred to the rate indicated next in order of preference on the ballot‑paper;

               (b)    the process of excluding the rate with the fewest votes, and transferring ballot‑papers marked with a vote for that rate to the unexcluded rate indicated next in order of preference must be repeated (if necessary) until there is a majority of votes for one rate;

                (c)    the returning officer must declare the rate for which there is a majority of votes after the exclusion of other rates under this subregulation to be the rate that must be recommended to the Minister under subsection 9 (2) of the Act.

         (4)   For subregulation (1), the number of valid votes represented by a ballot‑paper is the same as the voting entitlement for the voter whose vote is recorded on the ballot‑paper.

         (5)   For paragraph (3) (b), a ballot‑paper is marked with a vote for a rate if all rates for which the ballot‑paper indicates higher preferences have been excluded from the count by a previous operation of paragraph (3) (a).

         (6)   If, on any count:

                (a)    there is an equal number of votes for 2 or more rates ( lowest ranking rates ); and

               (b)    one of them must be excluded;

the rate to be excluded is the rate that the returning officer decides, by lot, is to be excluded.

Note    Under regulation 6, the recommendation following a poll, to be made to the Minister in relation to the amount of the dairy service levy, must be accompanied by:

(a)   a summary of the results of the poll; and

(b)   a statement as to how the recommendation is in accordance with the results of the poll.