QueenslandPrimary
Producers’ Organisation and Marketing Act 1926PRIMARYPRODUCERS’ORGANISATIONANDMARKETING(QUEENSLANDPORKPRODUCERS’ORGANISATION)REGULATION1997Reprinted as in force on 23 July
1999(includes amendments up to SL No. 97 of
1999)Reprint No. 1AThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThisregulationisreprintedasat23July1999.Thereprintshowsthelawasamendedbyallamendmentsthatcommencedonorbeforethatday(ReprintsAct1992 s
5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.This page is specific to this
reprint.See previous reprint for information about
earlierchanges made under the Reprints Act
1992.A table of earlier reprints is included
inthe endnotes.Also see endnotes
for information about when provisions commenced.
s17s2Primary Producers’ Organisation andMarketing (Queensland Pork Producers’Organisation) Regulation 1997PRIMARY PRODUCERS’ ORGANISATIONAND
MARKETING (QUEENSLAND PORKPRODUCERS’ ORGANISATION)REGULATION 1997[as amended by
all amendments that commenced on or before 23 July 1999]†PART 1—PRELIMINARY˙Short
title1.This regulation may be cited as
thePrimary Producers’ OrganisationandMarketing(QueenslandPorkProducers’Organisation)Regulation
1997.˙Definitions2.In this regulation—“annual conference”, for part 6,
see section 58(1).“appropriately qualified”, for a delegate
of a power, includes having thequalifications,
experience or standing to exercise the power.“associate
member”see section 4(4).“authorisedrepresentative”meansanauthorisedrepresentativeofacorporate member under section
9.“branch”meansalocalporkproducers’branchestablishedundersection 31.“branch
AGM”see section 42(1).“council”means the Queensland Pork Producers’ State
Council.“council AGM”see section
23(1).“deputy-president”means the
deputy-president of the council.
s38s3Primary Producers’ Organisation andMarketing (Queensland Pork Producers’Organisation) Regulation 1997“financial producer member”see
section 4(3).“industry”means the
Queensland pork producing industry.“member”, of
a branch, means a person who is a member of the branchunder section 33(1).“member”, of
the organisation, means a person who is a member of theorganisation under section 4.“no-confidence motion”see section
19.“organisation”means the
Queensland Pork Producers’ Organisation.“pig”means a live non-ruminant omnivorous
ungulate bristly mammal ofthefamilySuidaegrownundercontrolledconditionsforhumanconsumption.“president”means the president of the council.1“producer”means a person
who at any time in the current year has ownedand grown 70 or
more pigs.“producers’AGM”means the annual general meeting of growers
for theindustry under section 34A(1)2of the Act.“representative
authority”see section 9(2).†PART
2—STRUCTURE OF ORGANISATION˙Structure3.The
organisation consists of—(a)its members;
and1Undersection6(Chairperson),thepresidentisalsothechairpersonoftheorganisation.2Section 34A (Annual general meeting of
growers) of the Act
s49s4Primary Producers’ Organisation andMarketing (Queensland Pork Producers’Organisation) Regulation 1997(b)the Queensland Pork Producers’ State
Council; and(c)local pork producers’ branches.˙Membership4.(1)The
organisation has the following types of members—(a)producer members;(b)financial producer members;(c)associate members.(2)Every producer is a“producer
member”.(3)A“financial producer member”is—(a)a producer
member who has paid all general levies the personwas
required to pay under section 63;3or(b)anyone else who
has—(i)at any time in the current year grown
70 or more pigs; and(ii)paid the council
all general levies for the year as if the personwas
a producer who owned and grew the same number ofpigs
during the year that the person grew.(4)An“associate member”is a person
who—(a)has at any time in the current year
grown 70 or more pigs; or(b)applies to the
council to become an associate member and—(i)is
admitted by the council as an associate member; and(ii)has paid the
council all associate membership fees fixed bythe
council.(5)If a person who became an associate
member under subsection (4)(b)fails to pay an
associate membership fee when the fee becomes payable, themembership ends.3Section 63 (General levy)
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510s 7Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997(6)However, the council may not bring any
proceeding to recover the feefrom the
person.˙Membership records5.(1)The
organisation must keep a register of its members.(2)The register must state each
member’s—(a)name, address and membership number;
and(b)type of membership under section
4.(3)The organisation must give each member
a document that states thematters mentioned in subsection (2) for
the member.˙Chairperson6.(1)The
president is the chairperson of the organisation.(2)However, the president may only be the
chairperson of a branch ifelected chairperson of the branch under
section 37.4†PART 3—THE
COUNCIL†Division 1—Functions˙Functions7.The
council’s functions are to—(a)encourageandmaintainacomprehensiveorganisationoftheState’s pork producers in 1 body to
represent their interests; and(b)develop sound policies to effectively
represent the industry; and4Section 37 (Election of
officers)
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811s 9Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997(c)effectivelycommunicatewithotherindustries,thepublicandgovernments about the industry; and(d)affiliatewithotherentitiesandtakereasonableorpracticableaction to ensure
the industry is adequately represented at any levelat
which their interests may be affected; and(e)advocate and promote improved efficiencies
in the industry; and(f)doanythingelseappropriatetorepresenttheinterestsoftheindustry and the persons engaged in
it.†Division 2—Membership˙Membership8.(1)The
council consists of 6 members.(2)The
members must be elected under schedule 1 in the last quarter
ofevery second year after the
commencement.(3)Subjecttosection22,5amemberholdsofficefromwhenthemember is elected or re-elected—(a)for 2 years; or(b)until the member earlier vacates the
office.(4)A member’s term of office starts at
the beginning of the next yearafter the member
is declared to be elected or re-elected.˙Eligibility for membership9.(1)A person may
only be elected as a council member or continue tohold
office as a council member if the person is—(a)an
eligible person; and(b)mentallyandphysicallycapableofperformingthedutiesofamember; and5Section 22 (What happens if motion
carried)
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912s 9Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997(c)not a person who has within 10 years
been found guilty of fraudor an offence involving
dishonesty—(i)in the State; or(ii)elsewhere,iftheactoromissionthatformedtheoffencewould have been
an offence involving fraud or dishonestyhad it happened
in the State; and(d)not a bankrupt and has not within 5
years been a bankrupt or aperson who has taken advantage of the
laws in force relating tobankruptcy.(2)Acorporatemembermaygiveitsauthorisedrepresentativeacertificate (a“representative
authority”) stating that—(a)the
body is a financial producer member; and(b)the
representative is the body’s authorised representative.(3)A representative authority must be
signed as follows—(a)if it is by a corporation—by an
officer of the corporation;(b)if
it is by an estate—by each personal representative of the
estate;(c)if it is by a partnership—by each
partner;(d)if it is by a trustee—by each trustee
of the trust.(4)A representative authority is evidence
of the matters stated in it.(5)In
this section—“corporate member”means the
following—(a)a corporation that is a financial
producer member;(b)an estate that is a financial producer
member;(c)apartnership,themembersofwhicharefinancialproducermembers;(d)a
trust that is a financial producer member.
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1013s 11Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997“eligible person”means an
individual who is—(a)a financial producer member, other
than because of membershipofapartnershipthemembersofwhicharefinancialproducermembers; or(b)an
authorised representative of a corporate member.˙Vacation of membership10.(1)A council
member’s office becomes vacant if—(a)the
member—(i)dies; or(ii)resigns by signed notice given to the
council; or(iii)stops being
eligible to be a member under section 9(1); or(iv)becomesincapableofperformingthedutiesofamemberbecause of
physical or mental incapacity; or(v)is
absent from 3 consecutive council meetings without thecouncil’s leave or reasonable excuse;
or(b)amajorityofthemembersofthecouncilresolvethatthemember’s office becomes vacant.(2)A majority under subsection (1)(b) can
not include a casting vote bythe member
presiding.˙How vacancy is filled11.(1)This section
applies if a council member’s office becomes vacant.(2)The candidate at the last election of
council members who receivedthenexthighestnumberofvotesafterthelastpersonelectedmustbeappointed for the rest of the member’s
term of office.(3)However, if there was no other
candidate at the last election or if thecandidate
mentioned in subsection (2) is no longer eligible to be elected as
amember under section 9(1), or is unwilling or
can not be appointed, thecouncil may—
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1214s 15Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997(a)elect a member to fill the office;
or(b)require an election under schedule 1
to fill the office.†Division 3—Officers˙Officers12.(1)The
council must have a president and a deputy-president.(2)The council may have other officers it
decides.˙Eligibility for office13.A person may only become an officer or
continue to hold office if theperson is a
council member.˙Election of officers14.(1)The officers of
the council must be elected at a council AGM.(2)The
meeting must elect the president first.(3)An
election must be by simple majority of the persons who have
theright to vote at the meeting.˙What happens if votes are equal15.(1)If the votes
cast for 2 or more candidates for president are equal,the
candidate who received the most number of votes in the last
election ofcouncil members is elected.(2)If the votes for 2 or more candidates
for another office are equal, thechairpersonofthemeetingmustdecidewhoiselectedbyexercisingacasting vote, as well as a primary
vote.
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1615s 18Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997˙Term of office16.(1)Anofficerholdsofficefromwhentheofficeriselectedorre-elected until—(a)thehappeningofaneventstatedinsubsection(2)or(3)thatapplies to the officer; or(b)the officer earlier vacates the
office.(2)Iftheofficerwaselectedinayearinwhichanelectionfortheperson’sofficeasamemberofthecouncilisnotheldtheeventforsubsection (1) is the next council
AGM.(3)Iftheofficerwaselectedinayearinwhichanelectionfortheperson’s office as a member of the
council is held and the person is—(a)re-elected a member of the council—the event
for subsection (1)is the next council AGM; or(b)notre-electedamemberofthecouncil—theeventforsubsection (1) is the end of the
year.(4)If the officer mentioned in subsection
(3)(b) was the president, themember of the
council who received the highest number of votes in theelection mentioned in subsection (3) is taken
to be the president until thenext council
AGM.˙Vacation of office17.An
office becomes vacant if the officer—(a)stops being a council member; or(b)resigns by signed notice given to the
council.˙How vacancy in office is filled18.(1)If an office
becomes vacant, the council may fill the vacancy.(2)A person appointed to fill a vacancy
holds office for the rest of theterm of office of
the person’s predecessor.
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1916s 20Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997†Division 4—Motions of no confidence in
council˙When motion must be put19.The council must put to financial
producer members a motion thatthey have no
confidence in the council (a“no-confidence
motion”) if givena written
requisition—(a)signed by at least 33% of the
financial producer members; and(b)stating the reasons for the motion.˙How motion is conducted20.(1)Subject to
section 21, a no-confidence motion must be conducted,with
all necessary changes, as if—(a)the
motion was a ballot for an election under schedule 1—(i)sections 2 (other than the definitions
“candidate’s statement”and “scrutineer”), 4, 5 and 7(1);
and(ii)part4,otherthansections13,18(1)(c),18(2)and(3),20(1)(e),
24(1)(a)(i), 27(1) to (3), 30(1)(b) and (c), 30(2)(c)and
division 5; and(b)a reference to an appointee or to a
scrutineer is a reference to ascrutineer under
subsection (3).(2)A ballot paper for a no-confidence
motion must—(a)state the motion; and(b)require the voter to indicate whether
the voter is in favour of oragainst the
motion; and(c)be completed by recording whether the
voter is in favour of oragainstthemotionandotherwisecomplyingwithschedule1,section 24.(3)The
following bodies may each appoint 1 scrutineer for the
ballot—(a)the members of the
council;
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2117s 22Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997(b)the financial producer members who
signed the requisition for themotion.˙When motion is carried21.A no-confidence motion is only carried
if—(a)at least 75% of financial producer
members vote on the motion;and(b)66% of the members who voted are in
favour of the motion.˙What happens if
motion carried22.(1)If a
no-confidence motion is carried—(a)theMinistermustappointareturningofficertoconductanelection under schedule 1 for new council
members for the rest ofthe members’ term of office;
and(b)thereturningofficermustconducttheelectionassoonaspossible; and(c)the
members go out of office when the result of the election isdeclared.(2)Subsection (1)(a) applies despite schedule
1, section 4.6(3)If a member is
elected at an election held under subsection (1), themember holds office for—(a)therestofthetermofofficeofthemembersinwhomtheno-confidence motion was carried; and(b)2 years from the end of the rest of
the term.6Schedule 1, section 4
(Appointment)
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2318s 25Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997†Division 5—Council proceedings˙Council AGM’s23.(1)The
council must hold an annual meeting (a“council
AGM”) ineach
February.(2)The council must fix a time and place
each for each council AGM.˙Special
meetings24.(1)The president
may call a special meeting of the council by givingat
least 7 days notice to each council member.(2)However, notice may be waived if all members
agree.(3)Thepresidentorthesecretaryofthecouncilmustcallaspecialmeeting if given
a written requisition by 2 council members.(4)A
requisition must state the purpose of the special meeting.(5)A special meeting must be held within
14 days of the giving of thenotice calling
the meeting.(6)In this section—“president”includesthedeputy-presidentifthepresidenthasdiedorresigned and another president has not been
appointed.˙Ordinary meetings25.(1)Thecouncilmustholdatleast6othermeetings(“ordinarymeetings”) in
each year.(2)OneoftheordinarymeetingsmustbeheldineachAugustorSeptember to consider the council’s
budget for the next year.(3)The council may
call other ordinary meetings it requires.(4)Ordinary meetings are to be held at a time
and place fixed by thecouncil.
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2619s 28Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997˙Notice of meetings26.(1)Sevendayswrittennoticeofanannualmeetingorordinarymeeting must be
given to each council member.(2)However, notice of an annual meeting or
ordinary meeting may bewaived if all members agree.(3)A special meeting must be called by
giving written notice and a copyof the
requisition for the meeting to each council member within 7
daysaftertherequisitionisreceivedbythepresidentorthesecretaryofthecouncil.(4)A
notice calling any meeting must—(a)state the day, time and place of the
meeting; and(b)include an agenda for the
meeting.(5)A resolution passed at a council
meeting is not invalidated because—(a)of
an accidental failure to give a member notice of the meeting;
or(b)a member did not receive notice of the
meeting.˙Minutes27.(1)Thesecretaryofthecouncilmustkeepminutesofcouncilmeetings.(2)A draft of the minutes of each meeting
must be given to the nextcouncil meeting for
confirmation.(3)If the draft minutes are confirmed,
the member presiding at the nextmeetingmustsigntheminutesasthetrueminutesoftheprecedingmeeting.˙Conduct of proceedings28.(1)Subject to subsections (2) to (10), the
council may conduct itsproceedings as it considers
appropriate.(2)The president or, if the president is
absent, the deputy-president, is topreside at a
proceeding of the council.
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2920s 29Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997(3)If the president and the
deputy-president are absent or unwilling topreside at a
proceeding, the council must elect another member to preside
atthe proceeding.(4)At a
council meeting—(a)4 members form a quorum; and(b)a question is to be decided by a
majority of the members presentand voting;
and(c)each member present has a vote on each
question to be decidedand, if the votes are equal, the
member presiding has a castingvote as well as
a primary vote.(5)A meeting must not be conducted if a
quorum is not present.(6)If a quorum is
not present within 1 hour after the time fixed for ameeting, the meeting lapses.(7)The council may hold meetings, or
allow members to take part in itsmeetings by
telephone, video link or another form of communication thatallowsreasonablycontemporaneousandcontinuouscommunicationbetween the
members taking part in the meeting.(8)Amemberwhotakespartinameetingofthecouncilundersubsection (7) is
taken to be present at the meeting.(9)A
resolution is a valid resolution of the council, even though it is
notpassedatameetingofthecouncil,iftherequiredminimumnumberofmembers give written agreement to the
resolution.(10)In this
section—“proceeding”means a council
meeting or other council proceeding underthis
regulation.†Division 6—Miscellaneous˙Staff generally29.(1)Thecouncilmayengageasecretaryofthecouncilorotheremployees it
considers necessary to perform its functions.
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3021s 32Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997(2)Anemployeeneednotbeamemberofthecouncilortheorganisation.(3)Thetermsofemploymentofthecouncil’semployeesaretobedecided by it.˙Delegation30.(1)The
council may delegate the whole or any part of its powers to
anappropriately qualified member, executive or
employee of the council.(2)In subsection
(1)—“executive”meansabodyconsistingofthepresidentandothercouncilmembers decided by the council.†PART 4—BRANCHES†Division 1—Establishment and
functions˙Establishment31.(1)Thelocalporkproducers’branchesnamedinschedule2areestablished.(2)The
area of each branch is the local government areas set out
oppositethe name of the branch in schedule 2.˙Functions32.The
functions of a branch are to—(a)initiate matters concerning the industry in
the area or section ofthe industry for which the branch is
interested; and(b)bringbeforethecouncilrequirementsandproblemsofthe
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3322s 34Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997industry that are not wholly of local or
sectional concern and areof common interest to all pork
producers; and(c)advise, support and extend the
council’s efforts to promote theefficiencyandgeneralprosperityofproducersintheareaorsection of the industry for which the branch
is interested; and(d)collectandrecordinformationofvaluetotheindustryanddistribute it to anyone interested in the
industry; and(e)comply with instructions and
directions of the council and giveany information
it has to the council, if required; and(f)doanythingelseappropriatetorepresenttheinterestsoftheindustry and the persons engaged in
it.†Division 2—Membership˙Membership33.(1)A
person is a member of a branch if the person—(a)is a
member of the organisation; and(b)has
elected to join the branch.(2)The secretary of
each branch must—(a)keep a register of its members;
and(b)if asked by the council—give a copy of
the register to the council.†Division 3—Officers˙Officers34.(1)A
branch must have a chairperson.(2)Abranchmayalsohaveadeputy-chairperson,secretaryorotherofficers it
decides.(3)An officer, other than the secretary,
must be a member of the branch.
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3523s 37Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997˙Eligibility for office35.A person may only become an officer or
continue to hold office if theperson—(a)is a member of the branch; and(b)is mentally and physically capable of
performing the duties of amember; and(c)has
not within 10 years been found guilty of fraud or an offenceinvolving dishonesty—(i)in
the State; or(ii)elsewhere,iftheactoromissionthatformedtheoffencewould have been
an offence involving fraud or dishonestyhad it happened
in the State; and(d)is not a bankrupt and has not within 5
years been a bankrupt or apersonwhohastakenadvantageofthelawsrelatingtobankruptcy.˙Term
of office36.An officer holds office from when the
officer is elected or re-electeduntil—(a)the end of the next branch AGM of the
branch after the personbegan the office; or(b)the officer earlier vacates the
office.˙Election of officers37.(1)The officers of
a branch must be elected at—(a)the
first meeting of the branch; and(b)at
each following branch AGM of the branch.(2)The
meeting must elect the chairperson first.
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3824s 40Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997(3)Anelectionmustbebysimplemajorityofthemembersofthebranch present
and voting at the meeting.˙What happens if
votes are equal38.(1)If the votes
cast for 2 or more candidates for chairperson of themeeting are equal, the secretary must decide
who is elected by drawing lots.(2)If
the votes for 2 or more candidates for another office are equal,
thechairpersonofthemeetingmustdecidewhoiselectedbyexercisingacasting vote, as well as a primary
vote.˙Vacation of office39.An
office becomes vacant if—(a)the
officer—(i)dies; or(ii)resigns by signed notice given to the
branch; or(iii)stops being
eligible to be an officer under section 35; or(iv)if
the officer is the chairperson or deputy-chairperson of thebranch—the officer stops being a member of
the branch anda member of the organisation; or(v)is absent from 3 consecutive branch
meetings without theleave of the branch or reasonable
excuse; or(b)amajorityofthemembersofthebranchatbranchmeetingresolve that the member’s office becomes
vacant.˙How vacancy is filled40.(1)If an office
becomes vacant, the branch may fill the vacancy.(2)A person appointed to fill a vacancy
holds office for the rest of theterm of office of
the person’s predecessor.
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4125s 43Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997†Division 4—Branch proceedings˙First branch meeting41.(1)This section
applies if a branch has been established but has notheld
any meeting.(2)The council must call a first meeting
of the branch as if the meetingwas an ordinary
meeting of the branch under this division.(3)The
president, or other person authorised in writing by the
president,must preside over the meeting until the
branch elects a member to preside atthe
proceeding.˙Branch AGM’s42.(1)A
branch must hold an annual general meeting of its members (a“branch AGM”).(2)The branch AGM must be the first
meeting of the branch in eachyear.(3)The branch must fix a time and place
for the next branch AGM at thelast meeting in
each year.˙Special meetings43.(1)Thechairpersonofabranchmaycallaspecialmeetingofitsmembers by giving
at least 7 days notice to each branch member.(2)However, notice may be waived if a majority
of the members agree.(3)The chairperson
or the secretary of the branch must call a specialmeetingifgivenawrittenrequisitionby5membersofthebranchor2
council members.(4)A requisition must state the purpose
of the special meeting.(5)A special
meeting must be held within 14 days of the giving of thenotice calling the meeting.(6)In this section—
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4426s 46Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997“chairperson”includes a
deputy-chairperson if the chairperson has died orresigned and another chairperson has not
been appointed.˙Ordinary meetings44.(1)Abranchmaycallothermeetingsofitsmembers(“ordinarymeetings”) it
requires.(2)Ordinary meetings are to be held at a
time and place fixed by thebranch.˙Notice of meetings45.(1)Sevendayswrittennoticeofanannualgeneralmeetingorordinary meeting of a branch must be
given to each of its members.(2)However, notice of an annual meeting or
ordinary meeting may bewaived if a majority of the members
agree.(3)A special meeting must be called by
giving written notice and a copyof the
requisition for the meeting to each branch member within 7 days
afterthe requisition is received by the
chairperson or the secretary of the branch.(4)A
notice calling any meeting must—(a)state the day, time and place of the
meeting; and(b)includeanagendastatingeachitemofbusinessproposedorrequired to be dealt with at the
meeting.(5)A resolution passed at a branch
meeting is not invalidated becauseof—(a)the accidental failure to give a
member notice of the meeting; or(b)a
member did not receive notice of the meeting.˙Minutes46.(1)The
secretary of a branch must keep minutes of meetings of thebranch.
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4727s 47Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997(2)A draft of the minutes of each meeting
must be given to the nextbranch meeting for confirmation.(3)If the draft minutes are confirmed,
the member presiding at the nextmeetingmustsigntheminutesasthetrueminutesoftheprecedingmeeting.(4)The
secretary must give a copy of the signed minutes to the
secretaryof the council.˙Conduct of proceedings47.(1)Subjecttosubsections(2)to(7),abranchmayconductitsproceedings as it considers
appropriate.(2)Thechairpersonofabranchor,ifthechairpersonisabsent,thedeputy-chairperson, is to preside at a
proceeding of the branch.(3)If the
chairperson and the deputy-chairperson are absent or
unwillingto preside at a proceeding, the branch must
elect another member to presideat the
proceeding.(4)At a branch meeting—(a)3 members present form a quorum;
and(b)a question is to be decided by a
majority of the members presentand voting;
and(c)each member of the branch present has
a vote on each question tobe decided and, if the votes are
equal, the member presiding has acasting vote as
well as a primary vote; and(d)anymemberofthebranchmaymove,secondandvoteonamotion.(5)A
meeting must not be conducted if a quorum is not present.(6)If a quorum is not present within 30
minutes after the time fixed for ameeting, the
meeting lapses.
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4828s 50Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997(7)In this section—“proceeding”means a branch
meeting or other branch proceeding underthis
regulation.†Division 5—Miscellaneous˙Delegation48.(1)A
branch may delegate the whole or any part of its powers to
anappropriately qualified executive, officer or
member of the branch.(2)In subsection
(1)—“executive”means a body
consisting of—(a)the chairperson and deputy-chairperson
of the branch; and(b)other branch members decided by the
branch.˙Decisions not binding on council49.A decision of a branch does not bind
the council.†PART 5—PRODUCERS’ AGM’S˙Notice50.The
notice of the producers’ AGM required by section 34A(2) of
theAct must be given at least 7 days before the
meeting.77For when the
council must convene the annual general meeting, see section
34A(Annualgeneralmeetingofgrowers)oftheAct.Forproceduregoverningthemeeting see schedule 2 (Meeting
procedure), part 2 (Annual general meetings ofgrowers) of the
Act.
s
5129s 54Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997˙Length51.The
producers’ AGM must not sit for more than 1 day.˙Chairperson in president’s
absence52.If the president of the council is
absent from the producers’ AGM,the
deputy-president is the chairperson of the meeting.8˙Secretary53.(1)Thesecretaryofthecouncilisthesecretaryoftheproducers’AGM.(2)The secretary of the council must keep
minutes of the producers’AGM.(3)A
draft of the minutes must be given to the next producers’ AGM
forconfirmation.(4)If
the draft minutes are confirmed, the person presiding at the
nextproducers’AGMmustsigntheminutesasthetrueminutesofthepreceding
meeting.˙Agenda54.The
agenda for the producers’ AGM must include—(a)the
items fixed by the council; and(b)anynoticeofmotiontobemadeatthemeetinggiventothesecretary under
the Act, schedule 2, part 2, section 6.98Underschedule2(Meetingprocedure),part2(Annualgeneralmeetingsofgrowers)oftheAct,thepresidentisthechairpersonoftheannualgeneralmeeting.9Schedule2(Meetingprocedure),part2(Annualgeneralmeetingsofgrowers),section 6 of the
Act
s
5530s 58Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997˙Who may participate55.(1)Anymemberoftheorganisationmayattendandmakearecommendation to the producers’ AGM.(2)However, only the following members
may vote—(a)a producer member;(b)a
financial producer member;(c)an associate
member who grows pigs.10˙Reports56.The
president and secretary must each table at the producers’ AGM
areport together with audited financial
statements for the previous year.˙Decisions not binding on council57.A decision of the producers’
AGM—(a)amounts to a recommendation to the
council; and(b)does not bind the council.†PART 6—ANNUAL PORK INDUSTRY
CONFERENCE˙Council may call annual
conference58.(1)Thecouncilmaycallanannualporkindustryconference(the“annual conference”) at a time and
place fixed by the council.(2)The annual
conference may be held at the same time and place as theproducers’ AGM for the same year.10Seealsoschedule2(Meetingprocedure),part2(Annualgeneralmeetingsofgrowers) of the Act.
s
5931s 62Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997˙Notice59.(1)Seven days written notice of the annual
conference must be givento each member of the
organisation.(2)However, notice may be waived if a
majority of the members agree.(3)A
notice must—(a)state the day, time and place of the
conference; and(b)include an agenda for the
conference.(4)Aresolutionpassedatanannualconferenceisnotinvalidatedbecause—(a)of an accidental failure to give a
member notice of the conference;or(b)a member did not receive notice of the
conference.˙President presides over annual
conference60.The president or, if the president is
absent, the deputy-president, is topreside at the
annual conference.˙Who may participate61.Any
member of the organisation may attend and vote on motions
putto the annual conference.˙Decisions not binding on council62.A decision of the annual
conference—(a)amounts to a recommendation to the
council; and(b)does not bind the
council.
s
6332s 65Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997†PART 7—LEVIES˙General levy63.The
council may, with the approval of the Minister, make a
generallevyforeachyearonproducersoraclassofproducersfortheadministrative purposes of the
organisation.˙Producer must pay levy64.A producer must pay a levy made under
this regulation.Maximum penalty—the lesser of—(a)the amount of the levy; or(b)20 penalty units.˙Duty
to deduct amount of levy65.(1)This section
applies to a person if—(a)the person owes
a producer an amount for a pig or part of a pigsupplied or
delivered to the person by the producer; and(b)the
producer owes a levy under this regulation.(2)The
council may require the person to—(a)if
the amount is more than the levy—(i)hold
from the amount enough to pay the levy; and(ii)pay
the amount held to the council; or(b)if
the amount is less than the levy—pay the whole amount to thecouncil.(3)Apersonmustnotcontravenearequirementwithoutreasonableexcuse.Maximum penalty—2 penalty units
s
6633s 68Primary
Producers’ Organisation andMarketing
(Queensland Pork Producers’Organisation)
Regulation 1997˙Recovery of levies66.(1)This
section applies if an amount that the council has levied on
aproducerunderthisregulationorrequiredapersontopayundersection 65(2) has
not been paid.(2)The council may recover the amount
from the producer or the personas a debt in a
court having jurisdiction in relation to the amount.†PART 8—MISCELLANEOUS˙Hindering meeting67.(1)Ifapersonhindersorpreventsapersonwhohastherighttoconduct a meeting under this regulation
from conducting the meeting, themeeting may by
resolution direct the person—(a)to
leave the meeting; and(b)not to further
attend the meeting or, if the meeting is adjourned,the
adjourned meeting.(2)In subsection (1)—“meeting”includes the annual conference.˙Fees, allowances and travelling
expenses68.The fees, allowances and travelling
expenses that may be paid to amember or officer
of the council or the secretary of a branch are the fees,allowances and travelling expenses in
schedule 3.
34Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997¡SCHEDULE 1†ELECTION OF COUNCIL MEMBERSsections 8, 11 and 22†PART
1—PRELIMINARY˙Application of sch 11.This schedule applies if an election
of council members must be heldunder section
8(2), 11(3) or 22of the regulation.11˙Definitions for sch 12.In this schedule—“ballot
box”means a ballot box kept under section
21.“ballot envelope”see section
20(1)(c).“candidate’s statement”see section
10(1)(b)(i).“initialled”,bythereturningofficer,includesbeingmarkedwithafacsimile of the returning officer’s
initials.“return envelope”see section
20(1)(b).“returning officer”,oftheelection,meansthepersonappointedundersection 4 to
conduct the election.“roll”, for the
election, means the roll of voters prepared for the electionunder section 15 or 17.“scrutineer”means a
candidate who acts personally as a scrutineer or aperson appointed by a candidate under
section 27.11Certain parts of schedule 1 also apply
to no-confidence motions.See section 20(How motion is
conducted) of the regulation.
35Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)“voter”means a person—(a)who
is a financial producer member; and(b)whose name is stated on the roll under
section 15 or 17.“voting declaration”see section
20(1)(c).“voting category”,ofavoter,meansthevoter’svotingcategoryundersection 14(2).“voting
material”see section 20(1).˙Who is
a “candidate”3.(1)A“candidate”means a person
who has nominated as a candidatein the election
whose nomination—(a)has been accepted under section 10(3);
and(b)has not been withdrawn.(2)However, a person ceases to be a
candidate if, before the result of theelection is
declared, the person dies or stops being eligible to be elected as
acouncil member.†PART
2—RETURNING OFFICER˙Appointment4.The
council must appoint a person who is not a member or officer
ofthe council as the returning officer for the
election.˙Functions and powers5.(1)The returning
officer—
36Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)(a)must
not influence, or attempt to influence, the outcome of theelection; and(b)must
conduct the election under this schedule; and(c)may
take the action and give the directions the returning
officerconsiders reasonably necessary to—(i)ensure no irregularities happen in the
election; or(ii)remedyaproceduraldefectthatappearstothereturningofficer to exist about the election.(2)Also,thereturningofficermustensuresuitablearrangementsaremade
with Australia Post for the return of ballot papers to a box at a
postoffice.(3)To
ensure the integrity of a ballot, the address for return of
ballotpapers must not be the council’s usual postal
address.†PART 3—PRE-ELECTION PROCEDURES˙Closing day and time for
nominations6.(1)The returning
officer must fix the closing day for nominations forelection to council membership.(2)The closing day must be not less than
10 days and not more than35 days after the notice calling for
nominations is given under section 8.(3)Nominations close at 5.00 pm on the closing
day.˙Starting and finishing days of
ballot7.(1)The returning
officer must fix the starting and finishing days for a
37Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)ballot to decide
the result of the election if a ballot becomes necessary
undersection 12.12(2)The starting day must not be before
the closing day for nominationsfor the offices
to be filled at the election.˙Calling for nominations8.(1)Thereturningofficermustcallfornominationsforelectiontocouncilmembershipbywrittennoticegiventoallfinancialproducermembers.(2)The
notice must state—(a)the closing day for nominations;
and(b)that nominations close at 5.00 pm on
the closing day; and(c)the requirements
for making a nomination under section 10(1);13and(d)the starting and
finishing days for a ballot to decide the result ofthe
election if a ballot becomes necessary under section 12;14and(e)thatonlyfinancialproducermemberswhennominationsclosemay
vote in the election.˙Nomination—eligibility9.Only
a financial producer member or an authorised representative of
afinancial producer member when nominations
close may nominate for theelection.12Schedule 1, section 12 (When a ballot must
be held)13Schedule 1, section 10
(Nomination—procedure)14Schedule 1,
section 12 (When a ballot must be held)
38Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)˙Nomination—procedure10.(1)A
nomination for office—(a)must be—(i)written; and(ii)signedbythenomineeandatleast3financialproducermembers; and(iii)given to the returning officer before
nominations close; and(b)must be
accompanied by—(i)awrittenstatementbythenominee(a“candidate’sstatement”);
and(ii)ifthenominationisbyanauthorisedrepresentative—arepresentative
authority for the nominee.(2)A candidate’s
statement must—(a)be on a single A4 sheet of paper
printed only on 1 side; and(b)be
typewritten; and(c)include the nominee’s name and other
details.(3)If a nomination complies with
subsections (1) and (2), the returningofficer must
accept it.(4)Acandidatemaywithdrawthecandidate’snominationbywrittennotice given to
the returning officer no later than 3 days after nominationsclose.˙What
happens if a nomination is defective11.(1)If a
nomination is given to the returning officer after
nominationshave closed, the returning officer must
reject it.(2)If a person who is not eligible to
nominate purports to nominate or ifa nomination does
not comply with section 10(1)(a)(i) or (ii) or (b), thereturning officer must—
39Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)(a)reject it; and(b)give
the nominee written notice stating that—(i)the
nomination was rejected and the reason for the rejection;and(ii)another
nomination that complies with section 10(1) and (2)maybegiventothereturningofficerbeforenominationsclose.(3)If practicable, the notice must be
given before nominations close.(4)Failure to give the notice does not
invalidate the election.˙When a ballot must
be held12.(1)Thereturningofficermustdeclareacandidateelectedtothecouncil if the
number of candidates for election to the council is not morethan
the number to be elected.(2)If, on the close
of nominations, there are more candidates for electiontothecouncilthanthenumberofmemberstobeelected,thereturningofficer must
conduct a ballot under schedule 1, part 4.(3)However, if during the conduct of a ballot,
the number of candidatesis no longer more than the number of
members to be elected, the returningofficer must
declare the remaining candidates elected.
40Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)†PART
4—CONDUCTING BALLOTS†Division 1—Voting
entitlement˙How many votes may be cast13.Each voter may vote for not more than
the number of members ofthe council to be elected in the
election.˙Value of each vote14.(1)The
value of each vote a voter may cast is fixed by the voter’svoting category under subsection (2).(2)A voter’s voting category and the
value are worked out according tothe number of
pigs grown by the voter, as follows—•from
70 to 227—category 1 (1 value)•from
228 to 454—category 2 (2 values)•from
455 to 907—category 3 (4 values)•from
908 to 1814—category 4 (7 values)•from
1 815 to 3 629—category 5 (11 values)•from
3 630 to 7 258—category 6 (16 values)•from
7 259 to 14 515—category 7 (22 values)•from
14 516 to 29 030—category 8 (29 values)•from
29 031 to 58 061—category 9 (37 values)•58
062 or more—category 10 (46 values).(3)Forsubsection(2),thenumberofpigsgrownistakentobethehighest number of
pigs the voter expected to grow during—
41Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)(a)the
year of the election, as stated by the grower in a signed
noticeto the council;15or(b)if the voter has
not given a notice for the year of the election—thelast
year for which the voter gave a signed notice to the councilstating the number of pigs the voter
expected to grow during thatyear.˙Roll—preparation15.(1)A
roll for a ballot must be prepared at the direction of the
returningofficer.(2)The
returning officer must ensure the roll—(a)states the following—(i)thenameofeachpersonwhoisafinancialproducermemberwhennominationsfortheelectionclose,inalphabetical order;(ii)the person’s
address, opposite their name;(iii)the
person’s voting category; and(b)is
completed when nominations for the election close.(3)Thefollowingbodiesaretakentobeonly1financialproducermember for subsection (2)(a)(i)—(a)a corporation that is a financial
producer member;(b)an estate that is a financial producer
member;(c)apartnership,themembersofwhicharefinancialproducermembers;(d)a
trust that is a financial producer member.(4)The
organisation must give the returning officer—15The
notice is commonly given in a document called ‘Sow and pig numbers
[forthe next year]’.
42Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)(a)a
copy of its financial producer member’s register; and(b)access to the organisation’s records
reasonably necessary for thereturning
officer to ensure the roll is accurate.˙Roll—inspection16.(1)The
returning officer must make the roll for the election
availablefor inspection—(a)from
when nominations for the election close to 30 days after theresult of the election is declared;
and(b)at the organisation’s office when it
is open for business.(2)Acandidate,producermemberorotherpersonauthorisedbythereturning officer may at the times and
place stated in subsection (1)—(a)inspect the roll, free of charge; or(b)take a copy of the roll or part of the
roll.˙When someone can claim a right to
vote17.(1)Despite section
15(2)(b), if a financial producer member’s namedoes not appear
on the roll, the member may ask the returning officer tohave
the member’s name included on the roll.(2)Ifthereturningofficerissatisfiedtheapplicantwasafinancialproducer member
when nominations for the election closed, the returningofficer must include the applicant’s name on
the roll.†Division 2—Voting material˙Ballot papers—form18.(1)A
ballot paper for the election must—
43Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)(a)be
of paper that will hide a vote marked on it from view when
itis folded once; and(b)be a
different colour from the colour used for ballot papers at
the2 previous elections held for members of the
council; and(c)list the names of each candidate once
only, with the surname first,followed by the
candidate’s other names; and(d)state how the voter may vote; and(e)state that the voter must fill in and
sign the voting declaration orthe vote will
not be counted; and(f)state that the voter must return the
ballot paper to the returningofficer
by—(i)postingtheballotpapertothereturningofficersoitisreceived before
or on the finishing day of the ballot; or(ii)putting it in the ballot box before or on
the finishing day ofthe ballot.(2)The
order of names on the ballot paper must be decided by lot
drawnby the returning officer.(3)If 2
or more candidates have the same surname and first names,
thecandidates must be distinguished in an
appropriate way.Example—The address of
each candidate may be added to the ballot paper.˙Ballot paper—preparation19.The returning officer must prepare a
ballot paper for each voter that—(a)states the voter’s voting category;
and(b)is initialled by the returning
officer.
44Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)˙Distributing voting material20.(1)The returning
officer must post the following things (the“votingmaterial”) to each
voter—(a)a ballot paper prepared under section
19;(b)an unsealed reply paid envelope
(a“return envelope”)
addressedto the returning officer;(c)a ballot envelope (a“ballot envelope”) and a voting
declaration(a“voting declaration”);(d)other material
the returning officer considers appropriate for theballot including, for example, directions or
notes to help the voterto comply with this regulation and
cast a valid vote;(e)a copy of each candidate’s statement
for the election.(2)Voting material must be posted to each
voter—(a)in a sealed envelope to the voter’s
address on the roll; and(b)assoonaspracticable,butnotearlierthan2daysbeforethestarting day of the ballot.(3)Thevotingdeclarationmuststate‘IcertifythatIamthepersonwhose name
appears on this envelope and I have voted on the ballot
paperenclosed.(4)If a
voter gives the returning officer a notice that the voter will
beabsent from the address stated on the roll
when voting material is to begiven, the
returning officer must post the material to the address stated
inthe notice.(5)Before posting voting material to a voter,
the returning officer mustmark a different ballot number for each
voter on—(a)the roll against the voter’s name;
and(b)the declaration form; and(c)the return envelope.
45Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)(6)The
ballot numbers must start with a number chosen by the
returningofficer.(7)A
ballot paper or a ballot envelope must not be marked in a way
thatcould identify the voter.˙Returning officer must keep a ballot
box21.(1)After posting
the voting material, the returning officer must obtaina
ballot box.(2)The returning officer must—(a)keep the box in a safe place;
and(b)seal the box in a way that—(i)allowsvotingmaterialtobeplacedinituntiltheballotfinishes;
and(ii)prevents voting
material from being taken from it until votesfor the ballot
are to be counted.˙Duplicate voting material22.(1)This section
applies if voting material posted to a voter—(a)has
not been received by the voter; or(b)has
been lost or destroyed; or(c)if the document
is a ballot paper—has been spoilt.(2)The
voter may apply to the returning officer for a duplicate of
thedocument.(3)The
application must—(a)be received by the returning officer
on or before the finishing dayof the ballot;
and(b)state the grounds on which it is made;
and
46Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)(c)if
practicable—be substantiated by evidence verifying, or
tendingto verify, the grounds; and(d)state that the voter has not voted at
the ballot; and(e)if the document is a spoilt ballot
paper—be accompanied by theballot
paper.(4)If the application complies with
subsection (3), the returning officermust—(a)if the document is a spoilt ballot
paper—(i)mark ‘spoilt’ on the paper; and(ii)initial the
paper where marked and keep the paper; and(iii)give
a fresh ballot paper prepared under section 1916to
thevoter; or(b)if
the document is not a spoilt ballot paper—give a duplicate
ofthe document to the voter.†Division 3—Voting˙How
long ballot is open23.A ballot must remain open for—(a)at least 14 days; and(b)no longer than 42 days.˙How to vote24.(1)A
voter may vote only by completing the following steps—16Schedule 1, section 19 (Ballot
paper—preparation)
47Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)(a)completing a ballot paper given to the voter
under section 20 or2217by—(i)writing a tick or a cross in the
square opposite the name ornames of the
number of candidates the voter may vote forunder section
13;18and(ii)complying with the instructions on the
paper;(b)putting the ballot paper in a ballot
envelope;(c)sealing the ballot envelope;(d)filling in and signing the voting
declaration for the ballot paper;(e)putting the voting declaration and the
ballot envelope in the returnenvelope;(f)sealing the return envelope;(g)complying with any direction under
section 20(1)(d);(h)returning the return envelope to the
returning officer before votingcloses
by—(i)postingittothereturningofficersothattheenvelopeisreceived before or on the finishing day for
the ballot; or(ii)putting it in
the ballot box before or on the finishing day forthe
ballot.(2)A voter may only put 1 ballot envelope
in a return envelope.˙Candidate may not
collect votes25.A candidate or a person who acts for a
candidate must not knowinglyreceive from a
person who has the right to vote in the election—17Schedule1,section20(Distributingvotingmaterial)orsection22(Duplicatevoting
material)18Schedule 1, section 13 (How many votes
may be cast)
48Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)(a)a
ballot paper for the election; or(b)an
envelope that contains a ballot paper.Maximum
penalty—20 penalty units.†Division
4—Counting and scrutiny of votes˙How
returning officer must deal with voting material26.(1)The returning
officer must keep voting material for a ballot thathas
been returned to the returning officer in a safe place until the
vote hasbeen counted.(2)If,
after the finishing day for the ballot, the returning officer
receives areturnenvelopepurportingtocontainaballotpaperfortheballot,thereturning officer must—(a)keep the envelope sealed; and(b)mark the envelope ‘Received by the
returning officer after thefinishing day
for the ballot’; and(c)keeptheenvelopeinsafecustody,separatelyfromreturnenvelopes
received before or on the finishing day; and(d)identifythevoterontherollfromtheballotnumberontheenvelope;
and(e)record on the roll that the voter’s
return envelope was returnedafter the
finishing day.˙Scrutineers—appointment27.(1)A candidate
may—(a)act personally as a scrutineer;
or(b)appoint 1 other person (an“appointee”) as a
scrutineer for thecandidate.
49Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)(2)An
appointment must be in writing and signed by the candidate.(3)A candidate must notify the returning
officer of the name of each ofthe candidate’s
appointees as soon as possible after they are appointed.(4)The returning officer may refuse to
allow an appointee to attend thecounting of the
votes in the election or act as a scrutineer if—(a)the returning officer asks to inspect
the appointment; and(b)the appointee
does not produce it.˙Scrutineers’
rights28.(1)A scrutineer may
be present at the—(a)preparation and giving of voting
material for a ballot; or(b)receipt of
voting material and placing the material in safe custodyunder section 26;19or(c)counting of
votes.(2)A scrutineer may make an objection or
advise the returning officer if,under section
31(1)(b),20the scrutineer considers an error has
been made.˙Initial scrutiny of voting
material29.(1)Assoonaspossibleafterthefinishingdayfortheballot,thereturning officer must—(a)seal the ballot box in a way that
prevents anything from beingplaced in it;
and(b)take the ballot box to the place where
votes are to be counted; and(c)deal
with the voting material under this section.19Schedule 1, section 26 (How returning
officer must deal with voting material)20Schedule 1, section 31 (Scrutineers’
objections)
50Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)(2)After the ballot box has been taken to the
place where votes are to becounted, the
returning officer must—(a)unseal the
ballot box and take out the return envelopes; and(b)open each return envelope and take out
each ballot envelope andvoting declaration; and(c)if a return envelope contained more
than 1 ballot envelope—markeach of the
ballot envelopes from the return envelope ‘informalunder schedule 1, section 30(2)(f)’;
and(d)examine each declaration and mark off
the voter’s name on theroll for the election each declaration
relates to; and(e)checktheballotnumberoneachdeclarationagainsttheballotnumbermarkedagainstthevoter’snameontherollfortheelection each
declaration relates to; and(f)ensure each declaration is signed.(3)After complying with subsection (2),
the returning officer must putthe ballot
envelopes and the declarations into separate containers for
eachelection if satisfied—(a)each
declaration is signed; and(b)the ballot
number on each declaration corresponds with the ballotnumbermarkedbesidethevoter’snameontherollfortheelection each
declaration relates to.(4)However, the
returning officer must not put a ballot envelope or adeclaration in the containers mentioned in
subsection (3) if—(a)the returning officer reasonably
believes the voter to whom it wassent did not
sign the declaration; or(b)the person named
on the declaration is not the person to whom itwas sent.(5)The returning officer must keep ballot
envelopes and declarationsexcludedundersubsection(4)separatefromotherballotenvelopesanddeclarations.
51Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)(6)Subsection (4) does not apply if the
returning officer is satisfied theperson who filled
in and signed the declaration—(a)is a
voter and has not previously voted in the ballot; and(b)has a reasonable explanation for using
the ballot material.(7)If subsection (3) or (6) apply, the
returning officer must—(a)accept the
declaration as valid; and(b)note the
acceptance on the declaration; and(c)record the correct ballot number on the roll
against the name ofthe voter who signed the declaration.(8)Afterseparatingtheballotenvelopesandthedeclarations,thereturning officer must do the following in
order—(a)seal the container holding
declarations;(b)open the ballot envelopes not excluded
under subsection (4) andtake out the ballot papers;(c)ifaballotenvelopeismarked‘informalunderschedule1,section30(2)(f)’—markeachoftheballotpapersfromtheenvelope ‘informal under schedule 1,
section 30(2)(f)’;(d)put all of the ballot papers in the
ballot box.˙Counting votes30.(1)To
count votes the returning officer must—(a)admit the valid votes and reject the
informal votes; and(b)record the value of each vote for each
candidate; and(c)count the total values of the valid
votes for each candidate andrecord the
total; and(d)count the number of informal
votes.
52Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)(2)A
vote is only informal if—(a)the ballot paper
is not initialled by the returning officer and thereturning officer is not satisfied the paper
is authentic; or(b)the ballot paper is marked in a way
that allows the voter to beidentified;
or(c)the ballot paper is marked in a way
that purports to cast morevotes than the number of members to be
elected in the election; or(d)the
ballot paper is not marked in a way that makes it clear how
thevoter meant to vote or how many votes are
cast; or(e)theballotpaperdoesnotcomplywithadirectiongivenundersection
20(1)(d);21or(f)the
ballot envelope from which the ballot paper was taken wasreturnedinareturnenvelopethatcontainedanotherballotenvelope.˙Scrutineers’ objections31.(1)At
the counting of votes a scrutineer may—(a)objecttoaballotpaperbeingadmittedasvalidorrejectedasinformal by the returning officer; or(b)object to the number of votes a voter
cast; or(c)advise the returning officer if the
scrutineer considers an error hasbeen made in
conducting the ballot or counting votes.(2)If
an objection is made, the returning officer must—(a)decide whether the ballot paper is to
be admitted or rejected; and(b)note
the decision on the ballot paper and initial the note.21Schedule 1, section 20 (Distributing
voting material)
53Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)(3)If
the returning officer is advised under subsection (1), the
returningofficer must—(a)decide whether the error has been made;
and(b)if appropriate—direct action to
correct or mitigate the error.˙Direction by returning officer to leave
count32.The returning officer may direct a
person to leave the place wherevotes are being
counted if the person—(a)does not have
the right to be present, or remain present, at thecount; or(b)interrupts the count, other than to exercise
a scrutineer’s right.†Division
5—Election result˙How result is decided33.(1)Ifonly1councilmemberistobeelectedintheelection,thecandidate with the highest total value of
votes is elected.(2)Ifmorethan1councilmemberistobeelected,thatnumberofcandidates corresponding with the number of
members to be elected whohave the highest total value of votes
are elected.Example—If6councilmembersaretobeelectedundersection8(2)22of
the body of theregulation, the 6 candidates who receive the
highest total value of votes are elected.˙What
happens if values for 2 or more candidates are equal34.(1)If the votes
cast for 2 or more candidates are equal, the returning22Section 8 (Membership) of the body of
the regulation
54Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 1 (continued)officer must
decide which candidate is elected by drawing lots.(2)A decision under subsection (1) must
be made in the presence of anyscrutineer who
wishes to attend.˙Declaration of result35.(1)The returning
officer must—(a)make a signed declaration of the
result of the election as soon aspossible after
the counting of votes for the election; and(b)within 1 day of the making of the
declaration give a copy of it tothe secretary of
the council and each candidate.(2)Iftheelectioninvolvedaballot,thedeclarationmuststatethefollowing—(a)how
many ballot papers were printed;(b)howmanyeligiblevoterswereontherollfortheelectionorballot, including a supplementary
roll;(c)how many votes were informal;(d)howmanyvoteswererejectedforareasonotherthanbeinginformal and the reason for each
rejection;(e)the total value of formal votes for
each candidate.Examples of reasons for rejection under
paragraph (d)—The voter’s voting declaration was
not—•filled in or signed•put in the return envelope•taken from the return envelope before
the returning officer receivedthe return
envelope.
55Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997¡SCHEDULE 2†BRANCHESsection
31Name of branchAtherton local
pork producers’branchBeaudesertlocalproducers’
branchporkBiloelalocalporkproducers’branchBoonah/Rosewoodlocalporkproducers’
branchDalby/Chinchillalocalporkproducers’
branchGatton/Esklocalproducers’ branchporkGympielocalporkproducers’branchMillmerranlocalproducers’ branchporkMontolocalporkproducers’branchRockhamptonlocalporkproducers’
branchLocal government areasAtherton,Cairns,Cardwell,Eacham,Herberton,Johnstoneand
MareebaBeaudesert,GoldCoastandLoganBanana, Bauhinia
and DuaringaBoonah, Ipswich and LaidleyDalby, Chinchilla and TaraEsk
and GattonCaboolture,Caloundra,Cooloola,Kilcoy,NoosaandTiaroMillmerran and
WaggambaBundaberg,Burnett,Eidsvold,Isis, Kolan and
PerryCalliope, Fitzroy, Gladstone andMiriam Vale
57Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997¡SCHEDULE 3†FEES, ALLOWANCES AND TRAVELLINGEXPENSESsection
68˙Meaning of “absence”1.In this schedule,“absence”means a necessary absence from home—(a)for a council member—to attend a
council meeting or on councilbusiness;
or(b)for the secretary of a branch— to
attend a meeting of the branchor on business
of the branch.˙President2.For
the president, an annual allowance of $15 528.˙Other
council members3.For members of the council, other than
the president, a fee of $ 103.00for each day or
part of a day of a—(a)council meeting attended by the
member; or(b)specialduty,approvedbythecouncil,thatthememberwasengaged in.˙Branch
secretary4.For the secretary of a branch, a fee
of $ 25.00 for each day or part of aday of a meeting
of the branch attended by the secretary.
58Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 3 (continued)˙Overnight absences5.(1)For
each overnight absence, the following allowances—(a)an accommodation allowance of—(i)for Sydney—$106.00; or(ii)for another
capital city—$92.00; or(iii)for
elsewhere—$55.00;(b)a meal allowance of—(i)for breakfast—$10.00; or(ii)for
lunch—$11.00; or(iii)for
dinner—$21.00;(c)for incidental expenses—$10.00.(2)However, if reasonable accommodation
or a meal can not be obtainedforanamountundersubsection(1)(a)or(b),theallowancesundersubsection (1)(a) and (b) are the reasonable,
but no more than actual, cost ofthe accommodation
or meals.˙Other absences6.For
each absence, other than a overnight absence, the following
mealallowances—(a)for
an absence of less than 12 hours—(i)if
the person needed to buy the meal as part of the travel,including, for example, as part of a 1 day
conference—thereasonable, but no more than the actual,
cost of the meal; or(ii)if the person
returned home after 6.30 pm on the day of theabsence—$21.00
for dinner; or(b)for an absence of more than 12
hours—$32.00 for all meals.
59Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 1997SCHEDULE 3 (continued)˙Transport allowance7.A
transport allowance for travel because of any absence—(a)if a private motor vehicle was used—at
48c for each km travelled;or(b)the
reasonable, but no more than actual, cost of commercial roadtravel or airfares.
61Primary Producers’ Organisation
andMarketing (Queensland Pork Producers’Organisation) Regulation 19973´AIAamdamdtchdefdivexpgazhdginslapnotfdo in compparaprecpres==================KeyKey
to abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedamendmentchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedorder
in councilomittedpageparagraphprecedingpresentprev(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum==================previouspreviouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes a roman letter, the reprint was released in
unauthorised,electronic form only.]Reprint
No.Amendments includedReprint
date1none20 November
1997´5List of
legislationPrimaryProducers’OrganisationandMarketing(QueenslandProducers’
Organisation) Regulation 1997 SL No. 388made by the
Governor in Council on 13 November 1997notfd gaz 14
November 1997 1164–5commenced on date of notificationexp 1
September 2008 (see SIA s 54)as amended
by—Pork