Producers Committees (Polling) Regulations 1990

on the basis of information supplied by the producer to the Commission under section 13 of the Act; or

on the basis of such other information as the Commission considers is relevant.

Subject to these regulations the Commission may direct that any poll taken in relation to a producers’ committee or a proposed producers’ committee for the purposes of the Act shall be taken —

at a meeting or meetings convened for that purpose; or

by a postal ballot held for that purpose.

Notwithstanding that a poll has been conducted under subregulation (1)(a) if it considers that the meeting held under that provision is not representative of the views of eligible producers, the Commission may direct that a poll be taken by postal ballot and the direction shall have effect accordingly.

Where under subregulation (1)(a) the Commission directs that a poll be taken at a meeting the Commission shall provide postal ballot facilities for the purposes of regulation 12.

The commission shall give notice of the conduct of a poll in the relevant area.

A notice under subregulation (1) —

shall be published in the manner approved by the Commission;

shall be published not less than 21 days or such period of not less than 21 days as the Commission approves in the particular case before the conduct of the poll;

in the case of a poll under section 10 of the Act, shall specify in simple terms the objects sought to be attained by the proposal;

in the case of a poll under section 10 of the Act, shall specify the agricultural produce the subject of the proposal and the relevant area;

in the case of a poll under section 11(1a) of the Act, shall specify the names of the candidates for election as members of a producers’ committee;

in the case of any other poll, shall specify the question to be submitted to the persons voting in the poll;

shall specify the date or dates on which the poll is to be conducted;

shall specify whether the poll is to be conducted by convening a meeting or meetings for the purpose or by holding a postal ballot for that purpose; and

shall specify the name and address of the returning officer, and, if the poll is to be conducted at a meeting or meetings called for that purpose, the time and place or places at which the meeting or meetings will be held.

Where 2 or more persons carry on business as producers together in a single enterprise they shall by notice in writing addressed to the Commission nominate one of their number to be the person whose name is to be listed as the eligible producer on the list of producers in relation to that enterprise.

Where a producer is a body corporate the body corporate shall by notice in writing addressed to the Commission nominate a person whose name shall be listed as the eligible producer on the list of producers in relation to that body corporate.

A person is not eligible to be listed as an eligible producer on a list in relation to more than one enterprise or body corporate.

A person is not eligible to have his or her name listed more than once on the same list of producers.

shall specify the producers’ or proposed producers’ committee in relation to which the list applies;

shall contain the names and addresses of eligible producers who on the day 14 days before the date fixed for the poll were determined by the Commission to be eligible producers for the purposes of the poll;

shall be listed in alphabetical order of the names under which business is carried on by the eligible producers; and

shall have the names on the list numbered consecutively.

Where pursuant to a direction of the Commission a poll is to be conducted at a meeting the returning officer shall allow an eligible producer who is entitled to do so under subregulation (2) to lodge an absent vote by post.

An eligible producer who applies to the returning officer not less than 7 days before the date fixed for the meeting at which a poll is to be taken and satisfies the returning officer —

that he or she resides more than 30 km from the place at which the meeting is to be convened; or

that because —

of his or her ill health;

of his or her absence from the State on the day of the meeting; or

he or she will be travelling at the time of the meeting,

Regulations 17 to 23 with such modifications as are necessary for that purpose apply to and in relation to absent voting by post as though the votes were taken by postal ballot.