Meat and Live-Stock Industry Regulations

MEAT AND LIVE-STOCK INDUSTRY REGULATIONS

TABLE OF PROVISIONS

Regulation

PART 1 - PRELIMINARY

1. Citation

2. Commencement

3. Interpretation

PART 2 - CONFERENCES

4. Publication of notice of industry conference

5. Notice to registered persons

PART 3 - GENERAL MEETINGS

6. Notice to registered persons of meeting and motions - annual general meetings

7. Publication of notice of special general meeting

8. Notice to registered persons of meeting and motions - special general meetings

9. Notice of motion of no confidence

10. Voting at annual general meetings

11. Voting at special general meetings

12. Calculation of number of votes

13. Proxies

14. Partnerships and trustees

PART 4 - REGISTERS

15. Persons entitled to be registered non-bovine live-stock producers

16. Persons entitled to be registered cattle producers

17. Persons entitled to be registered exporters and processors

18. Maintaining registers

19. Particulars to be entered on registers

20. Application for entry on register

21. Returns

22. Partnerships and trustees

23. Closure of registers

PART 5 - PRESCRIBED SCHEMES

24. Prescribed schemes

PART 6 - PRESCRIBED BODIES AND ORGANISATIONS

25. Eligible industry bodies

26. Prescribed organisations

PART 6A - GROSS VALUE OF PRODUCTION OF INDUSTRY

26A. Gross value of production of industry

PART 7 - LIABILITY TO TAXATION

27. Specified laws

SCHEDULE - FORMS

PART 1 - PRELIMINARY

Citation

1. These Regulations may be cited as the Meat and Live-stock Industry Regulations.*1*

Commencement

2. These Regulations commence on 1 July 1995.

Interpretation

3. (1) In these Regulations, unless the contrary intention appears:

“ABARE" means the Australian Bureau of Agricultural and Resource Economics;

“Act" means the Meat and Live-stock Industry Act 1995;

“cattle producer" has the same meaning as in section 52 of the Act;

“live-stock producer" has the same meaning as in section 52 of the Act;

“owner", in relation to live-stock the subject of a mortgage or other security, includes a person who has rights in the nature of an equity of redemption in respect of the live-stock;

“person" includes a body politic or corporate, a partnership and the trustee or trustees of a trust estate;

“prescribed annual general meeting" means:

(a) the annual general meeting at which the annual report of AMLC that relates to the financial year ending on 30 June 1997 is considered; and

(b) the third annual general meeting following that meeting and each succeeding third annual general meeting following a prescribed annual general meeting;

“proxy" means a person appointed in accordance with regulation 12;

“register" has the same meaning as in section 52 of the Act;

“register of cattle producers" means the register established under paragraph 88 (1) (b) of the Act;

“register of exporters and processors" means the register established under paragraph 88 (1) (c) of the Act;

“register of non-bovine live-stock producers" means the register established under paragraph 88 (1) (a) of the Act;

“registered cattle producer" means a person whose name is entered on the register of cattle producers;

“registered exporter or processor" means a person whose name is entered on the register of exporters and processors;

“registered non-bovine live-stock producer" means a person whose name is entered on the register of non-bovine live-stock producers;

“registered person" means a person whose name is entitled to be, and is, entered on a register kept under subsection 88 (1) of the Act on the day of closure of the register for the purpose of a conference or a general meeting;

“return" means a return required to be sent to AMLC under subsection 91 (1) of the Act.

(2) A reference in these Regulations to any species of live-stock is taken to include a reference to juvenile progeny of that species.

(3) For the purposes of these Regulations:

(a) 1 cattle species animal is taken to be 10 cattle units;

(b) 1 goat is taken to be 1 live-stock unit;

PART 2 - CONFERENCES

Publication of notice of industry conference

4. (1) For the purposes of subsection 21 (5) of the Act, the prescribed number of days is 70.

(2) A notice of a conference published under subsection 21 (5) of the Act must include a statement that the registers will be closed for the purposes of the conference, and of any annual general meeting to be held during the conference, and state the date of closure.

Notice to registered persons

5. The Council must send to each registered person, at the address of that person last known to the Council, not less than 42 days before the day on which an industry conference is to begin, a notice setting out:

(a) the days, times and place of the conference; and

(b) the day, time and place of any annual general meeting to be held during the conference.

PART 3 - GENERAL MEETINGS

Notice to registered persons of meeting and motions - annual general meetings

(NOTE: Subsection 22 (1) of the Act provides that an annual general meeting is to be held during each conference of the industry. The published notice of the conference must include notice of the meeting: see paragraph 21 (6) (c) of the Act.)

6. (1) The Council must send to each registered pperson, at the address of tha person last known to the Council, not less than 42 days before the day on which an annual general meeting is to be held:

(a) a notice setting out:

(i) the day, time and place of the meeting; and

(ii) the terms of any motion proposed to be moved by the Chairperson or by a person appointed by the Chairperson; and

(iii) the terms of any motion proposed to be moved by the Chairperson of AMLC or by a person appointed by the Chairperson of AMLC; and

(iv) the terms of any motion proposed to be moved by the Chairperson of MRC or by a person appointed by the Chairperson of MRC; and

(v) subject to subregulation (2), if the Council has received notice of a motion under subregulation 9 (1) - the terms of that motion and of any statement given to the Council in support of the motion; and

(b) a proxy form approved by the Chairperson under paragraph 12 (4) (a); and

(2) The Council must not include in a notice to a registered person the terms of any motion of which it has received notice under subregulation 9 (1) unless the Council is satisfied that:

(a) the person proposing to move the motion is a registered person on the day of closure of the registers for the purpose of the annual general meeting; and

(b) the motion has the support of not less than 50 persons who are registered persons, on the day of closure of the registers for the purpose of the annual general meeting.

Publication of notice of special general meeting

7. (1) For the purposes of subsection 22 (4) of the Act, the prescribed number of days is 42.

(2) A notice of a special general meeting published under subsection 22 (4) of the Act must include a statement that the registers will be closed for the purpose of the special general meeting, and state the date of closure.

Notice to registered persons of meeting and motions - special general meetings

8. The Council must send to each registered person, at the address of that person last known to the Council, not less than 42 days before the day on which a special general meeting is to be held:

(a) a notice setting out:

(i) the day, time and place of the meeting; and

(ii) the terms of any motion proposed to be moved by the Chairperson or by a person appointed by the Chairperson; and

(b) a proxy form approved by the Chairperson under paragraph 13 (4) (a).

Notice of motion of no confidence

9. (1) A person who proposes to move, at an annual general meeting, a motion of a kind referred to in paragraph 23 (2) (e), (f) or (g) of the Act must give the Council, not less than 56 days before the day on which the meeting is to be held, a notice in writing setting out the terms of the motion proposed.

(2) If a person gives the Council notice of a motion, the person may:

(a) include in the notice a statement, of not more than 1,000 words, in support of the motion; and

(b) include in the notice, or in a further notice in writing given to the Council before the day of closure of the registers for the purpose of the annual general meeting, evidence of support for the motion by other registered persons.

Voting at annual general meetings

10. (1) Subject to subregulations (4) and (9), if a person:

(a) is a registered non-bovine live-stock producer; and

(b) has not ceased to be entitled to be entered on the register of non-bovine livestock producers since the day of closure of the register for the purpose of an annual general meeting;

the person is entitled to cast the number of votes determined in accordance with regulation 12, in person or by proxy, on any motion to be considered at the meeting except a motion relating to the making of regulations:

(d) prescribing amounts for the purposes of section 6 or 6A of the Cattle Export Charges Act 1990; or

(e) prescribing amounts for the purposes of section 5 of the Cattle Transaction Levy Act 1995.

(2) Subject to subregulations (4) and (9), if a person:

(a) is a registered cattle producer; and

(b) has not ceased to be entitled to be entered on the register of cattle producers since the day of closure of the register for the purpose of an annual general meeting;

(d) prescribing amounts for the purposes of section 8, 9 or 11 of the Live-stock Export Charge Act 1977.

(3) Subject to subregulation (4), if a person:

(a) is a registered exporter or processor; and

(b) has not ceased to be entitled to be entered on the register of exporters and processors since the day of closure of the register for the purpose of an annual general meeting;

the person is entitled to cast one vote, in person or by proxy, on any motion to be considered at the meeting.

(4) A person whose name is properly entered on more than one register is entitled to vote accordingly.

(5) Subject to subregulation (8), a motion referred to in paragraph 23 (2) (a), (b) or (c) of the Act is passed at an annual general meeting only if:

(a) the number of votes cast under subregulations (1) and (2) in support of the motion is a majority of the votes cast under those subregulations; and

(b) the number of votes cast under subregulation (3) in support of the motion is a majority of the votes cast under that subregulation.

(6) A motion referred to in paragraph 23 (2) (d) of the Act is passed at an annual general meeting only if:

(a) the number of votes cast under subregulation (1) or (2), as the case may be, in support of the motion, is a majority of the votes cast under that subregulation; and

(b) the number of votes cast under subregulation (3) in support of the motion is a majority of the votes cast under that subregulation.

(7) A motion referred to in paragraph 23 (2) (e), (f) or (g) of the Act is passed at an annual general meeting only if:

(a) the sum of the number of votes cast under subregulations (1), (2) and (3), in support of the motion, is at least two-thirds of the votes cast; and

(b) the sum of the number of votes cast under subregulations (1) and (2), in support of the motion, is a majority of the votes cast under the subregulations; and

(c) the number of votes cast under subregulation (3), in support of the motion, is a majority of the votes cast under that subregulation.

(8) The person presiding at an annual general meeting may permit a vote on a motion of a kind referred to in subregulation (5) to be taken by a show of hands, unless a person, including a proxy, present at the meeting and having an entitlement to vote on the motion, requests that the vote be taken in accordance with subregulation (5).

(9) If a vote is to be taken by a show of hands:

(a) a person attending the meeting and having an entitlement to vote on the motion, including a proxy of more than one person, is entitled to cast one vote only on that motion; and

(b) the motion is passed only if it is supported by a majority of votes cast.

Voting at special general meetings

11. (1) Subject to subregulation (4), if a person:

(a) is a registered non-bovine live-stock producer; and

(b) has not ceased to be entitled to be entered on the register of non-bovine livestock producers since the day of closure of the register for the purpose of a special general meeting; the person is entitled to cast the number of votes determined in accordance with regulation 12, in person or by proxy, on any motion to be considered at the meeting except a motion relating to the making of regulations:

(d) prescribing amounts for the purposes of section 6 or 6A of the Cattle Export Charges Act 1990; or