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

Statutory Rules 1984 No. 4241

_______________

Australian Meat and Live-stock

Corporation (Annual General Meeting of

the Industry) Regulations

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 13 December 1984.

N.M. STEPHEN

Governor-General

By His Excellency's Command,

JOHN KERIN

Minister of State for Primary Industry

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Citation

1. These Regulations may be cited as the Australian Meat and Live-stock Corporation (Annual General Meeting of the Industry) Regulations.

Interpretation

2. (1) In these Regulations—

"buffalo" includes a calf of a buffalo;

"cattle" includes calves of cattle;

"goat" includes a kid;

"sheep" includes a lamb;

"the Act" means the Australian Meat and Live-stock Corporation Act 1977.

(2) For the purposes of these Regulations—

(a) 1 buffalo shall be regarded as 10 live-stock units;

(b) 1 animal of the cattle species shall be regarded as 10 live-stock units;

(c) 1 goat shall be regarded as 1 live-stock unit;

(d) 1 sheep shall be regarded as 1 live-stock unit.

(3) The provisions of section 30a of the Act apply to and in relation to these Regulations.

Calculation of votes

3. (1) For the purposes of sub-section 30g (1)of the Act, the method in accordance with which the number of votes that a person who is entitled to be entered on the register of producers of live-stock is entitled to cast at an annual general meeting, whose purpose includes the consideration of the report of the Corporation's activities during a particular financial year, is calculated varies according to the number of live-stock units shown to be owned by that person on 30 June in that financial year by particulars entered on the register referred to in that sub-section.

(2) Where the number of live-stock units owned is 10,000 or less, the number of votes is calculated in accordance with the following table:

Column 1	Column 2	Column 3
Item	Number of live-stock units owned	Number of votes
1	100–999	1
2	1,000–1,999	2
3	2,000–2,999	3
4	3,000–4,999	4
5	5,000–9,999	5
6	10,000	6

(3) Where the number of live-stock units owned exceeds 10,000,the number of votes is calculated in accordance with sub-regulations (4) and (5) and with the formula—

,

where A is the number of live-stock units owned.

(4) Where application of the formula referred to in sub-regulation (3) produces a whole number, or a number that includes a whole number and a fraction that is .5or less, the number of votes is that whole number.

(5) Where application of the formula referred to in sub-regulation (3) produces a number that includes a whole number and a fraction that is more than .5, the number of votes is the sum of 1 plus that whole number.

Manner of maintaining registers

4. For the purposes of sub-sections 30j (1) and (2) of the Act, each register shall be maintained in writing in a manner that sets out separately in relation to each annual general meeting the particulars of the persons who are entitled to be entered on that register and to vote at that meeting.

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

5. (1) For the purposes of sub-section 30j (3) of the Act, in relation to an annual general meeting, the class of persons who are entitled to be entered on the register of producers of live-stock is constituted by each person who on 30 June in the financial year to which the annual report to be considered at that meeting relates—

(a) was a live-stock producer; and

(b) owned not less than 100 live-stock units.

(2) For the purposes of sub-section 30j (3) of the Act, in relation to an annual general meeting, the circumstances in which a person who is entered on the register of producers of live-stock ceases to be entitled to be so entered are that, on the day of closure of that register for the purposes of the annual general meeting, the person owns less than 100 live-stock units.

Persons entitled to be entered on register of exporters of meat or live-stock and processors of meat

6.(1) For the purposes of sub-section 30j (4) of the Act, in relation to an annual general meeting, the classes of persons who are entitled to be entered on the register of exporters of meat or live-stock and processors of meat are constituted by—

(a) each person who held an export licence that was valid on the day on which the person applied to be entered on that register; and

(b) each person who on the day on which the person applied to be entered on that register was authorized under a law to operate in Australia an establishment for slaughtering live-stock for human consumption.

(2) For the purposes of sub-section 30j (4) of the Act, in relation to an annual general meeting, the circumstances in which a person who is entered on the register of exporters of meat or live-stock and processors of meat ceases to be entitled to be so entered are that, on the day of closure of that register for the purposes of that annual general meeting, the person—

(a) does not hold a valid export licence; and

(b) is not authorized under a law to operate in Australia an establishment for slaughtering live-stock for human consumption.

Forms of application for entry on registers

7. For the purposes of sub-section 30j (5) of the Act—

(a) Form 1 in the Schedulersthe prescribed form of application by a person to be entered on the register of producers of live-stock; and

 

(b) Form 2 in the Schedule is the prescribed form of application by a person to be entered on the register of exporters of meat or live-stock and processors of meat.

Documentary evidence of entitlement to be entered on a register

8. For the purposes of sub-section 30j (6) of the Act, the documentary evidence that is to accompany an application to be entered on the register of exporters of meat or live-stock and processors of meat by a person who is authorized under a law to operate in Australia an establishment for slaughtering live-stock for human consumption is a photocopy of any licence, certificate or other document that is evidence of that authorization.

Particulars to be entered on registers

9. (1) For the purposes of sub-section 30j (7) of the Act, where, in relation to an annual general meeting, the Corporation is satisfied that a person is entitled to be entered on the register of producers of live-stock, the particulars of the person that are to be entered on that register are—

(a) the full name of the person;

(b) the business or residential address of the person, not being an address of a post office box or private bag;

(c) an address to which communications to the person may be sent by post;

(d) whether the person was a live-stock producer on 30 June in the financial year to which the annual report to be considered at that meeting relates;

(e) separately for each species of animal, the number of—

(i) buffaloes;

(ii) cattle;

(iii) goats; and

(iv) sheep,

owned by the person on that 30 June; and

(f) the number of votes that the person is entitled to cast at that annual general meeting.

(2) For the purposes of sub-section 30j (7) of the Act, where, in relation to an annual general meeting, the Corporation is satisfied that a person is entitled to be entered on the register of exporters of meat or live-stock and processors of meat, the particulars of the person that are to be entered on that register are—

(a) the full name of the person;

(b) the business or residential address of the person, not being an address of a post office box or private bag;

(c) an address to which communications to the person may be sent by post;

(d) whether on the day on which the person applied to be entered on that register the person held an export licence;

(e) the number of the licence (if any) referred to in paragraph (d);

(f) whether on the day referred to in paragraph (d) the person was authorized under a law to operate in Australia an establishment for slaughtering live-stock for human consumption; and

(g) the name of the authority (if any) that so authorized the person, the period of that authorization and the number of any licence, certificate or other document that is evidence of that authorization.

Returns to be furnished by persons entered on registers

10. (1) For the purposes of sub-section 30j (9) of the Act, in relation to each annual general meeting after the first, the time when the Corporation may require a person who is entered on a register to furnish a return under that sub-section to the Corporation is one occasion not less than 77 days before that meeting.

(2) For the purposes of sub-section 30 (9) of the Act—

(a) Form 3 in the Schedule is the prescribed form of return by a person who is entered on the register of producers of live-stock; and

(b) Form 4 in the Schedule is the prescribed form of return by a person who is entered on the register of exporters of meat or live-stock and processors of meat.

(3) For the purposes of sub-section 30j (9) of the Act, in relation to each annual general meeting after the first, the information referred to in paragraphs (a) and (b) of that sub-section that is to be furnished in a return under that sub-section to the Corporation by a person who is entered on the register of producers of live-stock is—

(a) the full name of the person;

(b) the business or residential address of the person, not being an address of a post office box or private bag;

(c) an address to which communications to the person may be sent by post;

(d) whether the person was a live-stock producer on 30 June in the financial year to which the annual report to be considered at that meeting relates; and

(e) separately for each species of animal, the number of—

(i) buffaloes;

(ii) cattle;

(iii) goats; and

(iv) sheep,

owned by the person on that 30 June.

(4) For the purposes of sub-section 30j (9) of the Act, in relation to each annual general meeting after the first, the information referred to in paragraph (a) of that sub-section that is to be furnished in a return under that sub-section

to the Corporation by a person who is entered on the register of exporters of meat or live-stock and processors of meat is—

(a) the full name of the person;

(b) the business or residential address of the person, not being an address of a post office box or private bag;

(c) an address to which communications to the person may be sent by post;

(d) whether on the day on which the return was furnished to the Corporation the person held an export licence;

(e) the number of the licence (if any) referred to in paragraph (d);

(f) whether on the day referred to in paragraph (d) the person was authorized under a law to operate in Australia an establishment for slaughtering live-stock for human consumption; and

(g) the name of the authority (if any) that so authorized the person, the period of that authorization and the number of any licence, certificate or other document that is evidence of that authorization.

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SCHEDULE

FORMS

FORM 1 Regulation7

COMMONWEALTH OF AUSTRALIA

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

APPLICATION TO BE ENTERED ON THE REGISTER OF PRODUCERS OF LIVE-STOCK

To—

Australian Meat and Live-stock Corporation

*I/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 register of producers of live-stock.

On 30 June 19  *I was/we were engaged in the raising or fattening of live-stock and owned the following numbers of live-stock of the following kinds:

Live-stock

Numbers owned

Buffaloes

Cattle

Goats

Sheep

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

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

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

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

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

*I/We declare that, to the best of *my/our knowledge and belief, all the particulars furnished in this application are correct.

Dated 19

…………………………………………

…………………………………………

(Insert signature of the applicant, or of the individual authorized by the applicant to sign on behalf of the applicant, and add in block capitals the full name of that signatory)

*Strike out whatever is not applicable.

NOTE

Section 50a of the Australian Meat and Live-stock Corporation Act 1977 provides for a penalty of $2,000 or imprisonment for 12 months, or both, where a person makes a declaration or furnishes information or a return or document to the Corporation that is, to his knowledge, false or misleading in a material particular.

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SCHEDULE—continued

FORM 2  Regulation 7

COMMONWEALTH OF AUSTRALIA

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

APPLICATION TO BE ENTERED ON THE REGISTER OF EXPORTERS OF MEAT OR LIVE-STOCK AND PROCESSORS OF MEAT

To—

Australian Meat and Live-stock Corporation

*I/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 register of exporters of meat or live-stock and processors of meat.

*On the date of furnishing this application *I/we hold export licence No. (Insert number of licence) granted by your Corporation.

*I/We attach a photocopy of the *licence/certificate/document that is evidence of *my/our authorization under a law to operate in Australia on the date of furnishing this application an establishment for slaughtering live-stock for human consumption.

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

*I/We declare that, to the best of *my/our knowledge and belief, all the particulars furnished in this application are correct.

Dated 19

…………………………………………

…………………………………………

(Insert signature of the applicant, or of the individual authorized by the applicant to sign on behalf of the applicant, and add in block capitals the full name of that signatory)

*Strike out whatever is not applicable,

NOTE

Section 50a of the Australian Meat and Live-stock Corporation Act 1977 provides for a penalty of $2,000 or imprisonment for 12 months, or both, where a person makes a declaration or furnishes information or a return or document to the Corporation that is, to his knowledge, false or misleading in a material particular.

–––––––––

SCHEDULE—continued

FORM 3 Regulation 10

COMMONWEALTH OF AUSTRALIA

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

RETURN BY A PERSON ENTERED ON THE REGISTER OF PRODUCERS OF LIVE-STOCK

To—

Australian Meat and Live-stock Corporation

On 30 June 19 *I/we (Insert name of the individual/partnership/company/trust estate that is on the above-mentioned register)

of (Insert business or residential address (not being a post office box or private bag) including the State or Territory)

*was/were engaged in the raising or fattening of live-stock and owned the following numbers of live-stock of the following kinds:

Live-stock

Numbers owned

Buffaloes

Cattle

Goats

Sheep

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

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

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

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

*I am/We are no longer engaged in the raising or fattening of live-stock.

Communications may be sent by post to *me/us at

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

*I/We declare that, to the best of *my/our knowledge and belief, all the particulars furnished in this

return are correct,

Dated 19

…………………………………………

…………………………………………

(Insert signature of the person entered on the register of producers of live-stock, or of the individual authorized by that person to sign on behalf of that person, and add in block capitals the full name of that signatory)

*Strike out whatever is not applicable.

NOTE

Section 50a of the Australian Meat and Live-stock Corporation Act 1977 provides for a penalty of $2,000 or imprisonment for 12 months, or both, where a person makes a declaration or furnishes information or a return or document to the Corporation that is, to his knowledge, false or misleading in a material particular.

–––––––––

SCHEDULE—continued

FORM 4 Regulation 10

COMMONWEALTH OF AUSTRALIA

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

RETURN BY A PERSON ENTERED ON THE REGISTER OF EXPORTERS OF MEAT OR LIVE-STOCK AND PROCESSORS OF MEAT

To—

Australian Meat and Live-stock Corporation

This return is furnished by, or on behalf of, (Insert full name of the individual/partnership/ company/trust estate that is on the above-mentioned register)

of (insert business or residential address (not being a post office box or private bag) including the State or Territory)

*On the date of furnishing this return *I/we do not hold an export licence granted by your Corporation.

*On the date of furnishing this return *I/we hold export licence No.  (Insert number of licence) granted by your Corporation.

*On the date of furnishing this return *I am/we are not authorized under a law to operate in Australia an establishment for slaughtering live-stock for human consumption.

*On the date of furnishing this return *I am/we are authorized under a law by (Insert the name of the authority)

during the period commencing on (Insert date on which that authorization commenced to have effect)

and ending on (Insert date on which that authorization will cease to have effect)

to operate in Australia an establishment for slaughtering live-stock for human consumption.

The number of the licence, certificate or other document that is evidence of that authorization is (Insert number).

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

*I/We declare that, to the best of *my/our knowledge and belief, all the particulars furnished in this

return are correct.

Dated 19

…………………………………………

…………………………………………

(Insert signature of the person entered on the above-mentioned register, or of the individual authorized by that person to sign on behalf of that person, and add in block capitals the full name of the signatory)

* Strike out whatever is not applicable.

NOTE

Section 50a of the Australian Meat and Live-stock Corporation Act 1977 provides for a penalty of $2,000 or imprisonment for 12 months, or both, where a person makes a declaration or furnishes information or a return or document to the Corporation that is, to his knowledge, false or misleading in a material particular.

 

NOTE

1. Notified in the Commonwealth of Australia Gazette