Statutory Rules1987
No. 2641
Australian Wine and Brandy
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 Wine and
Brandy Corporation Act 1980.
Dated 5 November 1987.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
John Kerin
Minister of State for Primary
Industries and Energy
Citation
1. These Regulations may be cited as
the Australian Wine and Brandy Corporation (Annual General Meeting of the
Industry) Regulations.
Interpretation
2. (1) In these Regulations, unless the contrary intention appears:
(a) “meeting” means an annual
general meeting;
“motion” means a motion moved, or
proposed to be moved, at a meeting;
“person entitled to vote” means an
eligible winemaker or, in relation to a matter, a proxy who is entitled to vote
on the matter;
“proxy” means a person holding an
appointment under regulation 4;
“Secretary” means the Secretary to
the Department of Primary Industries and Energy, or a delegate of that
Secretary;
(S.R. 290/87)—Cat. No. 16/27.10.1987
“special motion” means a motion that
concerns a proposal:
(a) that the Corporation make a
request to the Minister under subsection 38a (1) of the Act; or
(b) that the Corporation make a
recommendation to the Minister under subsection 9 (2) of the Levy Act;
“teller” means a person holding an
appointment under regulation 6;
“the Act” means the Australian
Wine and Brandy Corporation Act 1980;
(b) “eligible winemaker” and “Levy
Act” have the same meanings as in Part IVb
of the Act.
Motions
3. (1) The Corporation may, by a member on its behalf, move a motion
at a meeting.
(2) The Corporation shall give notice
of any special motion the Corporation proposes to move at a meeting, by sending
the notice to every eligible winemaker with the documents the Corporation sends
in respect of that meeting under subsection 29w
(2) of the Act.
(3) An eligible winemaker may, at least
28 days before a meeting, give notice in writing to the Corporation,
accompanied by an explanatory statement not exceeding 1,000 words, of any
motion.
(4) An eligible winemaker who gives a
notice to the Corporation under subregulation (3) may send with that notice
evidence of support by other eligible winemakers for the motion to which the
notice relates.
(5) Where notice of a motion to be
moved at a meeting is given to the Corporation under subregulation (3), the
Corporation shall at least 21 days before that meeting send to each eligible
winemaker a copy of the notice together with a copy of the accompanying
explanatory statement, if the Corporation is satisfied that at least 10
eligible winemakers support the motion.
(6) The Corporation shall not send
notice of a special motion to eligible winemakers, except in accordance with a
requirement of this regulation.
(7) A special motion:
(a) shall not be voted on or passed
if notice of it as required by this regulation has not been given to the
eligible winemakers (but this paragraph shall not apply by reason only of
inadvertent omission to send a notice to one or more persons); and
(b) shall not be voted on or passed
in a form different from that in which notice of it has been so given.
(8) A motion that is not a special
motion may be voted on and passed although notice of it under subregulation (3)
or (5) may not have been given.
Proxies
4. (1) An eligible winemaker may by instrument appoint any person over
the age of 18 years as his or her proxy to attend a meeting in his or her
place.
(2) The instrument shall be
substantially in a form approved by the Chairperson and shall be lodged with
the Corporation at least 7 days before the meeting, in default of which the
appointment of the proxy shall be invalid.
(3) A proxy may, subject to
subregulation (4), vote on all matters arising for vote at a meeting.
(4) An instrument of appointment may
stipulate in relation to one or more motions on notice:
(a) that the proxy may vote only on
such motions as are specified; or
(b) that the proxy shall, on a
particular motion, vote in a specified way;
and in such a case the proxy shall
vote on that motion or those motions in conformity with the relevant
stipulation.
(5) Where a proxy is entitled to vote
on a matter, he or she may vote on a show of hands or by poll, or both (as the
case may require).
Voting
5. (1) Subject to subregulation (2), voting at a meeting shall be by a
show of hands, and in such a case the Chairperson and the tellers shall take
into account when determining whether or not a motion voted upon has been
passed the number of votes a person entitled to vote may cast by virtue of
regulation 4 or this regulation.
(2) Voting on a motion shall be by
poll, in accordance with subregulation (3), where:
(a) the vote is on a motion
concerning a proposal that the Corporation make a recommendation to the
Minister under subsection 9 (2) of the Levy Act; or
(b) a person entitled to vote so
requires.
(3)
For the purposes of subsection 29z
(1) of the Act, the method in accordance with which the number of votes that a
person entitled to vote is entitled to cast at a meeting is calculated is as
follows, namely one vote may be cast by that person for each whole dollar of
the amount of the levy imposed during the immediately preceding year under the
Levy Act for which the person (or if the person is a proxy, the principal of
the person) became liable that is an amount of levy referred to in subparagraph
6 (1) (a) (i) or 6 (1) (b) (i) of the Levy Act.
(4) Subject to regulation 4, only
eligible winemakers are entitled to vote at a meeting.
Tellers—duty
of confidentiality
6. (1) The Chairman shall, before a meeting, appoint one or more
persons, upon the nomination in writing of the Secretary, to act as tellers for
the purposes of counting votes at the meeting.
(2) The Secretary shall, before the
meeting, cause the tellers to be informed, in respect of each eligible
winemaker, of the amount of levy mentioned in subregulation 5 (3) on which that
winemaker’s voting entitlement is calculated, so as to enable the tellers to
ascertain the voting rights of each eligible winemaker at the meeting.
(3) It is the duty of a teller not to
disclose, except to some person to whom the teller is authorized to publish or
communicate it, any fact or information concerning:
(a) the amount of levy that is or
was payable by an eligible winemaker; or
(b) the voting rights of an eligible
winemaker.
Procedure at
meetings
7. (1) Where the Chairperson is not present at a meeting the Deputy
Chairperson, if present, shall preside.
(2) A member and a proxy shall each
have the same right as an eligible winemaker to speak at a meeting.
NOTE
1. Notified in the Commonwealth
of Australia Gazette on 12 November 1987.
Printed by Authority by the Commonwealth Government Printer