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

Statutory Rules 1988 No. 1341

Australian Meat And Live-Stock Corporation (Annual General Meeting of the industry)

Regulations2(Amendment)

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

Dated 17 June 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

JOHN KERIN

Minister of State for Primary Industries and Energy

_________

Commencement

 1. These Regulations shall come into operation on 1 July 1988.

Principal Regulations

 2. In these Regulations, “Principal Regulations” means the Australian Meat and Live-stock Corporation (Annual General Meeting of the Industry) Regulations.

Interpretation

 3. Regulation 2 of the Principal Regulations is amended by adding at the end the following subregulation:

“(4)

For the purposes of these Regulations, each of the following is a prescribed annual general meeting, namely, the annual general meeting at which the annual report of the Corporation that relates to the financial year ending on 30 June 1988 is considered and each third annual general meeting following that meeting.”.

Calculation of votes

 4. Regulation 3 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation:

“(1)

For the purposes of subsection 30G (1) of the Act, the method in accordance with which the number of votes that a person who is entered on the register of producers of live-stock and is entitled to vote at an annual general meeting is entitled to cast at an annual general meeting is calculated varies according to the number of live-stock units shown to be owned by that person on the day of closure of that register for the purposes of that annual general meeting by particulars entered on that register.”.

 5. Regulation 4 of the Principal Regulations is repealed and the following regulation substituted:

Manner of maintaining registers

“4.

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

• (a)

  the name and address of each person who is entitled to be entered on that register;

• (b)

  the number of live-stock units owned by each person who is entered on that register.

“(2)

For the purposes of subsection 30J (2) of the Act, the register of exporters of meat or live-stock and processors of meat shall be maintained in writing in a manner that sets out separately in relation to each prescribed annual general meeting the particulars of the persons who are entitled to be entered on that register.

“(3)

Where a person who is entered on the register of producers of live-stock or the register of exporters of meat or live-stock and processors of meat furnishes information for the purpose of paragraph 30J (9) (a) of the Act, the Corporation shall, unless notice is given under subsection 30K (1) of the Act in relation to that information, enter that information on the register.

“(4)

Where a person who is entered on the register of producers of live-stock furnishes to the Corporation information or further information (not being information for the purpose of paragraph 30J (9) (a) of the Act) in respect of live-stock owned by the person, the Corporation shall enter that information or further information on the register.

“(5)

Where the Corporation receives information or further information referred to in subregulation (3) or (4):

• (a)

  before the day of closure of the relevant register for the purposes of an annual general meeting-the Corporation shall enter that information or further information on the register as soon as practicable and, if the information or further information is not entered on that register until after the day of such closure, it shall be deemed to have been entered on that day;

• (b)

  on the day of such closure-the Corporation shall enter that information or further information on the relevant register as soon as practicable and shall be deemed to have done so on that day;

• (c)

  during such closure-the Corporation shall enter that information or

further information on the relevant register as soon as practicable after the day of the relevant annual general meeting.”.

Persons entitled to be entered on register of producers of live-stock

 6. Regulation 5 of the Principal Regulations is amended:

• (a)

  by omitting from subregulation (1)”, in relation to an annual generalmeeting,”; and

• (b)

  by omitting from subregulation (1) “30 June in the financial year to which the annual report to be considered at that meeting relates—” and substituting “the day on which the person applied to be entered on that register:”.

Particulars to be entered on registers

 7. Regulation 9 of the Principal Regulations is amended:

• (a)

  by omitting from subregulation (1)”, in relation to an annual general meeting,”;

• (b)

  by omitting paragraph (1) (d) and substituting the following paragraph:

“(d)

whether the person is entitled to be entered on that register;”;

• (c)

  by omitting from paragraph (1) (e) “that 30 June” and substituting “the day on which the person applied to be entered on that register or on any subsequent day in relation to which the person has furnished information or further information in respect of live-stock owned by the person”; and

• (d)

  by omitting from paragraph (1) (f) “that annual” and substituting “an annual”.

Returns to be furnished by persons entered on registers

 8. Regulation 10 of the Principal Regulations is amended:

• (a)

  by omitting subregulation (1) and substituting the following subregulation:

“(1)

For the purposes of subsection 30J (9) of the Act, the time when the Corporation may require a person who is entered on a register to furnish a return under that subsection to the Corporation is a day that is not less than 77 days before a prescribed annual general meeting.”;

• (b)

  by omitting from subregulation (3)”, in relation to each annual general meeting after the first,”;

• (c)

  by omitting from paragraph (3) (d) “30 June in the financial year to which the annual report to be considered at that meeting relates” and substituting “the day on which the person furnished the return to the Corporation;”;

• (d)

  by omitting from paragraph (3) (e) “that 30 June” and substituting “the day on which the person furnished that return”; and

• (e)

  by omitting from subregulation (4)”, in relation to each annual general meeting after the first,”.

Schedule

 9. The Schedule to the Principal Regulations is amended:

• (a)

  by omitting from Form 1 “30 June 19 “and substituting “the date of this application”;

• (b)

  by omitting from Form 1 all the words after “not applicable” and substituting:

“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 Australian Meat and Live-Stock Research and Development Corporation.

2. It is an offence knowingly to provide information that is false or misleading in a material particular in a document or return made to the Corporation.”;

• (c)

  by omitting from Form 2 all the words after “not applicable” and substituting:

“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 Australian Meat and Live-stock Research and Development Corporation.

2. It is an offence knowingly to provide information that is false or misleading in a material particular in a document or return made to the Corporation.”;

• (d)

  by omitting from Form 3 “30 June 19 “and substituting “the date of this return”.

• (e)

  by inserting in Form 3 “and registration number issued to that individual/partnership/company/trust by the Australian Meat and Live-stock Corporation” after “above-mentioned register”;

• (f)

  by omitting from Form 3 all the words after “not applicable” and substituting:

“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 Australian Meat and Live-Stock Research and Development Corporation.

2. It is an offence knowingly to provide information that is false or misleading in a material particular in a document or return made to the Corporation.”; and

• (g)

  by omitting from Form 4 all the words after “not applicable” and substituting:

“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 Australian Meat and Live-Stock-Research and Development Corporation.

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

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 June 1988.

2. Statutory Rules 1984 No. 424.