Australian Meat and Live-Stock Corporation (Annual General Meeting of the Industry) Regulations (Amendment) (Cth)

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Statutory

Rules1991No. 255 1

__________________

Australian Meat and Live-stock Corporation (Annual General Meeting of the Industry) Regulations 2(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Meat and Live-stock Corporation Act 1977.

 Dated 23 August 1991.

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

SIMON CREAN

Minister of State for Primary Industries and Energy

____________

1.   Amendment

1.1   The Australian Meat and Live-stock Corporation (Annual General Meeting of the Industry) Regulations are amended as set out in these Regulations.

2.   Regulation 2 (Interpretation)

2.1   Subregulation 2 (1):

After “In these Regulations” insert “, unless the contrary intention appears”.

2.2   Subregulation 2 (1):

Insert the following definitions:

“‘cattle producers register’ means the register established under subsection 30j (1a) of the Act;

‘cattle units’ has the meaning given in paragraph (2) (b);

‘eligible cattle producer’, in relation to an annual general meeting, means a cattle producer who is entitled under section 30g of the Act to vote at the meeting;

‘eligible live-stock producer’, in relation to an annual general meeting, means a live-stock producer who is entitled under section 30g of the Act to vote at the meeting;

‘exporter’ means an exporter of meat or live-stock (including cattle);

‘exporters and processors register’ means the register established under subsection 30j(1) of the Act;

‘live-stock’ does not include cattle;

‘live-stock producer’ means a person engaged in raising or fattening live-stock other than cattle;

‘live-stock producers register’ means the register established under subsection 30j (1) of the Act;

‘processor’ means a processor of meat;

‘return’ means a return furnished under subsection 30j (9) of the Act.”.

2.3   Paragraph 2 (2) (b):

Omit “live-stock”, substitute “cattle”.

3.   Regulation 3 (Calculation of number of votes)

3.1   Subregulation 3 (1):

Omit the subregulation, substitute:

“(1)

For the purposes of subsection 30g (1) of the Act, the number of votes that an eligible cattle producer or eligible live-stock producer is entitled to cast at an annual general meeting is the number calculated in accordance with the method set out in this regulation.”.

3.2   Subregulation 3 (2):

Omit “Where the number of live-stock units owned is 10,000 or less”, substitute “If, when the registers are closed for the purposes of the annual general meeting, the producer is registered as the owner of 10,000 or fewer cattle units or live-stock units”.

3.3   Subregulation 3 (2)—Column 2 of the table:

After “Number of” insert “cattle units or”.

3.4   Subregulation 3 (3):

Omit “Where the number of live-stock units owned exceeds 10,000”, substitute “If, when the registers are closed for the purposes of the annual general meeting, the producer is registered as the owner of more than 10,000 cattle units or live-stock units”.

3.5   Subregulation 3 (3):

After “A is the number of” insert “cattle units or”.

4.   Regulation 4 (Maintaining registers)

4.1   Subregulation 4 (1):

Omit the subregulation, insert the following subregulation:

“(1)

For the purposes of subsections 30j (1) and (1a) of the Act, the cattle producers register and the live-stock producers register must each be maintained in writing in a manner that sets out the following particulars separately in relation to each prescribed annual general meeting:

  • (a)

    the name and address of each producer who is entitled to be entered on the respective register;

  • (b)

    the number of cattle units, or the number (separately for each species) of live-stock units, owned by the producer.”.

4.2   Subregulations 4 (3) and (4):

Omit the subregulations, substitute:

“(3)

The Corporation must enter in the appropriate register:

  • (a)

    information given to it  about a registered cattle producer, registered live-stock producer, registered exporter or registered processor under paragraph 30j (9) (a) of the Act (unless notice under subsection 30k (1) of the Act has been given in relation to the information); and

  • (b)

    any information or further information given to it about cattle or live-stock owned by a registered cattle producer, or registered live-stock producer, under paragraph 30j (9) (b) or 30j (9) (c) of the Act.”.

4.3   Subregulation 4 (5):

Omit “or (4)”.

5.   Regulation 5

5.1   Omit the regulation, substitute:

Persons entitled to be entered on live-stock producers register

“5.

(1)  For the purposes of subsection 30j (3) of the Act, the class of persons who are entitled to be entered on the live-stock producers register comprises each person who on the day on which the person applied to be entered on the register:

(a)

was a live-stock producer; and

  • (b)

    owned at least 100 live-stock units.

“(2)

For the purposes of subsection 30j (3) of the Act, a person ceases to be entitled to be entered on the live-stock producers register if, when the register is closed for the purposes of an annual general meeting, the person owns fewer than 100 live-stock units.”.

6.   New regulation 5a

6.1   After regulation 5, insert:

Persons entitled to be entered on cattle producers register

 “5a. (1)  For the purposes of subsection 30j (3a) of the Act, the class of persons who are entitled to be entered on the cattle producers register comprises each person who, on the day on which the person applied to be entered on the register:

(a)

was a cattle producer; and

  • (b)

    owned at least 100 cattle units.

“(2)

For the purposes of subsection 30j (3a) of the Act, a person ceases to be entitled to be entered on the cattle producers register if, when the register is closed for the purposes of an annual general meeting, the person owns fewer than 100 cattle units.”.

7.   Regulation 7 (Forms of application for entry on registers)

7.1   Paragraph 7 (a):

Omit “register of producers of live-stock”, substitute “cattle producers register or live-stock producers register”.

8.   Regulation 9 (Particulars to be entered on registers)

8.1   Subregulation 9 (1):

Omit “register of producers of live-stock,”, substitute “cattle producers register or the live-stock producers register,”.

8.2   Paragraph 9 (1) (e):

Omit the paragraph, substitute:

  • “(e)

    if the person is a cattle producer—the number of cattle owned by the person on the day on which the person applied to be entered on the cattle producers register or on any later day on which the person has given the Corporation information or further information about the number of cattle owned by the person;

  • (ea)

    if the person is a live-stock producer—the number (separately for each species) of buffaloes, goats and sheep owned by the person on the day on which the person applied to be entered on the live-stock producers register or on any later day on which the person has given the Corporation information or further information about the number of live-stock owned by the person; and”.

9.   Regulation 10 (Returns by registered producers)

9.1   Paragraph 10 (2) (a):

Omit “person who is entered on the register of producers of live-stock”, substitute “registered cattle producer or registered live-stock producer”.

9.2   Subregulation 10 (3):

Omit all the words from and including “For the purposes” to and including “register of producers of live-stock is—”, substitute “For the purposes of subsection 30j (9) of the Act, the following information is specified as the information to be given under paragraph (a), (b) or (c) of that subsection in a return by a registered cattle producer or registered live-stock producer:”.

9.3   Paragraph 10 (3) (d):

Omit the paragraph, substitute:

  • “(d)

    whether the person was a cattle producer or a live-stock producer on the day on which the person furnished the return to the Corporation;”.

9.4   Paragraph 10 (3) (e):

Omit the paragraph, substitute:

  • “(e)

    if the person is a cattle producer—the number of cattle owned by the person on the day on which the person furnished the return;

  • (ea)

    if the person is a live-stock producer—the number (separately for each species) of buffaloes, goats and sheep owned by the person on the day on which the person furnished the return.”.

10.   Schedule (Forms)

10.1   Form 1:

Omit the Form, substitute:

“FORM 1

Regulation 7

 

COMMONWEALTH OF AUSTRALIA

 

Australian Meat and Live-stock Corporation

(Annual General Meeting of the Industry) Regulations

  

APPLICATION TO BE ENTERED ON

THE CATTLE PRODUCERS REGISTER

OR THE LIVE-STOCK PRODUCERS REGISTER

(OR BOTH)

  

To the Australian Meat and Live-stock Corporation:

 

I (or we) (insert full name of individual/partnership/company/trust estate) of (insert business or residential address (not being a post office box or private bag) including the State or Territory) request to be entered on the cattle producers register or the live-stock producers register (or both).

   

 On the date of this application, I (or we) owned, and was (or were) engaged in raising or fattening the following cattle or live-stock (or both).

 

________________________________________________________________________

 

 Cattle/Live-stock Number owned

________________________________________________________________________

 

 Cattle ..............................

 Buffaloes ..............................

 Goats ..............................

 Sheep ..............................

________________________________________________________________________

  

Communications may be sent by post to me (or us) at (insert address (which may be a post office box or private bag) including the State or Territory)

  

I (or we) declare that, to the best of my (or our) knowledge and belief, all the particulars given in this application are correct.

  

Dated

 19 .

  

.............................................................................

 

.............................................................................

(Insert signature of the applicant, or of the

individual authorised by the applicant to sign

on behalf of the applicant, and add in block

capitals the full name of the signatory)

   

NOTES: 1. The registers maintained by the Australian Meat and Live-stock Corporation under the Australian Meat and Live-stock Corporation Act 1977 are used to determine entitlement to vote at annual general meetings of the Australian Meat and Live-stock Corporation and the Meat Research Corporation.

 
  • 2.

    It is an offence knowingly to give information that is false or misleading in a material particular in a document or return given to the Corporation.”.

 

10.2   Form 3:

Omit the Form, substitute:

“FORM 3

Regulation 10

 

COMMONWEALTH OF AUSTRALIA

 

Australian Meat and Live-stock Corporation

(Annual General Meeting of the Industry) Regulations

  

RETURN BY A PERSON WHO IS REGISTERED

AS A CATTLE PRODUCER

OR A LIVE-STOCK PRODUCER

(OR BOTH)

  

To the Australian Meat and Live-stock Corporation:

 

On the date of this return, I (or we)

 (insert name of the individual/ partnership/ company/ trust estate that is on the cattle producers register or the live-stock producers register, (or both),including the registration number or numbers issued to that individual/ partnership/ company/ trust by the Australian Meat and Live-stock Corporation) of       (insert business or residential address (not being a post office box or private bag) including State or Territory);

 

EITHER:

 

*own, and am (or are) engaged in raising or fattening the following cattle or live-stock (or both):

________________________________________________________________________

 

Cattle/live-stockNumber owned

________________________________________________________________________

 

 Cattle ................................

 Buffaloes ................................

 Goats ................................

 Sheep ................................

________________________________________________________________________

 

OR:

 

*am (or are) no longer engaged in

 raising or fattening cattle or live-stock (or both).

 

*Cross out whichever does not apply.

  

Communications may be sent by post to me (or us) at

(insert address (which may be a post office box or private bag) including the State or Territory)

 

I (or we) declare that, to the best of my (or our) knowledge and belief, all the particulars given in this return are correct.

 

Dated

 19 .

 

.............................................................................

 

.............................................................................

(Insert signature of the applicant, or of an

individual authorised by the applicant to sign

on behalf of the applicant, and add in block

capitals the full name of that signatory)

 

NOTES: 1. The registers maintained by the Australian Meat and Live-stock Corporation under the Australian Meat and Live—stock Corporation Act 1977 are used to determine entitlement to vote at annual general meetings of the Australian Meat and Live-stock Corporation and the Meat Research Corporation.

 
  • 2.

    It is an offence knowingly to give information that is false or misleading in a material particular in a document or return given to the Corporation.”.

 

____________________________________________________________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 August 1991.

 

2. Statutory Rules 1984 No. 424 as amended by 1988 No. 134.

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