Australian Wool Corporation Regulations (Amendment) (Cth)
I, THE GOVERNOR-GENERAL of the
Commonwealth of Australia, acting with the advice of the Federal Executive
Council, make the following Regulations under the
Dated 12 December 1991.
BILL HAYDEN
Governor-General
By His Excellency's Command,
Minister of State for Primary Industries and Energy
1.1 The Australian Wool Corporation Regulations are amended as set out in these Regulations.
[NOTE: These Regulations commence on
gazettal: see
2.1 Omit the regulation, substitute:
"3. In these Regulations, unless the contrary intention appears:
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section 41 of the Act;
3.1 After regulation 5, insert:
"5A. (1) For the purposes of paragraph 40 (3) (a) of the Act, the Corporation must approve a form of application for registration as a wool-tax payer.
"(2) An applicant for registration must use the approved form.
"(3) The person must not knowingly make an application that is false or misleading in a material particular.
Maximum penalty for a contravention of this subregulation: $2,000.
"5B. (1) The Corporation may establish a register for the purposes of general meetings to be held in a financial year by adopting the register established for the purposes of general meetings held in the previous financial year.
"(2) For the purposes of paragraph 40 (3) (a) of the Act, the Corporation must consider an application for registration as a wool-tax payer.
"(3) The Corporation must register an applicant if it is satisfied that the applicant is a person referred to in subsection 40 (1) of the Act.
"(4) If the applicant does not appear to the Corporation to be a person referred to in subsection 40 (1) of the Act, the Corporation must:
(a) refuse to register the applicant; or
(b) ask the applicant by written notice to give it the information referred to in the notice to enable the Corporation to establish whether the applicant is a person referred to in subsection 40 (1) of the Act.
"(5) If the Corporation registers an applicant, it must inform the applicant in writing of its decision as soon as practicable.
"(6) If the Corporation refuses to register an applicant, it must give the person a notice that includes:
(a) the reasons for its decision; and
(b) a statement to the effect that, subject to the
Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for review of the decision; and(c) except where subsection 28 (4) of the
Administrative Appeals Tribunal Act 1975 applies—a statement to the effect that a person whose interests are affected by the decision may request a statement under section 28 of that Act.
"5C. (1) For the purposes of paragraph 40 (3) (b) of the Act, if the Corporation registers an applicant for the purposes of a general meeting to be held in a financial year, it must enter the following particulars on the register:
(a) the applicant's full name;
(b) if the applicant carries on business using a business name—the name;
(c) the applicant's postal address;
(d) if the applicant has a residential address—the address, telephone number and facsimile transmission number (if any);
(e) if the applicant has a business address—the address, telephone number and facsimile transmission number (if any);
(f) the number of votes that the applicant is entitled to cast at the general meeting;
(g) an identification number for the applicant;
(h) in the case of the financial year that ends on 30 June 1992—the particulars specified in subregulation (2);
(i) in the case of a later financial year—the particulars specified in subregulation (3).
"(2) The following particulars are specified for the purposes of paragraph (1) (h):
(a) the days on which the applicant sold wool in the 1990-1991 financial year;
(b) for each day referred to in paragraph (a)—the gross amount payable to the applicant in respect of the sale;
(c) the total amount payable to the applicant in respect of the 1990-1991 financial year as supplementary payments;
(d) the amount of wool tax that the applicant paid in respect of carpet wool in the 1990-1991 financial year;
(e) the sum of the parts of the amount referred to in paragraph (d) that were paid in respect of:
(i) the promotion of wool and wool products; or
(ii) research and development;
(f) the amount of wool tax that the applicant paid in respect of shorn wool other than carpet wool in the 1990-1991 financial year;
(g) the sum of the parts of the amount referred to in paragraph (f) that were paid in respect of:
(i) the promotion of wool and wool products; or
(ii) research and development.
"(3) The following particulars are specified for the purposes of paragraph (1) (i):
(a) the amount of wool tax that the applicant paid in respect of carpet wool in the financial year immediately preceding the later financial year;
(b) the sum of the parts of the amount referred to in paragraph (a) that were paid in respect of :
(i) the promotion of wool and wool products; or
(ii) research and development;
(c) the amount of wool tax that the applicant paid in respect of shorn wool other than carpet wool in the financial year immediately preceding the later financial year;
(d) the sum of the parts of the amount referred to in paragraph (c) that were paid in respect of :
(i) the promotion of wool and wool products; or
(ii) research and development.
"5D. (1) For the purposes of paragraph 40 (3) (c) of the Act, the Corporation must not make or alter an entry in the register:
(a) in the period beginning 35 days before the day on which an annual general meeting is held and ending when the meeting is closed; or
(b) if the Corporation decides to call a special general meeting—in the period beginning when the Corporation gives notice of the meeting under subsection 45 (3) of the Act and ending when the meeting is closed.
"(2) The Corporation may maintain the register in writing or in computerised form.
"(3) Subject to subregulation (1), the Corporation must alter a particular entered on the register in relation to a registered wool-tax payer if:
(a) the person asks the Corporation to alter it; and
(b) the Corporation is satisfied that the particular in its altered form is accurate.
"(4) The Corporation must remove a registered wool-tax payer from the register if:
(a) the Corporation's information about any of the person's particulars on the register is more than 3 years old; or
(b) the person is not entitled to remain on the register.
"(5) If the Corporation proposes to remove a registered wool-tax payer from the register under paragraph (4) (a), it must:
(a) inform the person in writing that it proposes to do so; and
(b) invite the person to confirm the particular or ask the Corporation to amend it
"(6) If the Corporation proposes to remove a registered wool-tax payer from the register under paragraph (4) (b), it must advise the person in writing:
(a) why the Corporation considers that the person is not entitled to remain on the register; and
(b) that unless the person gives it information about the matter within the period set out in the notice (not being a period less than 28 days), it will remove the person from the register.
"(7) If the Corporation removes the wool-tax payer from the register, it must give the person a notice that includes:
(a) the reasons for its decision; and
(b) a statement to the effect that, subject to the
Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for review of the decision; and(c) except where subsection 28 (4) of the
Administrative Appeals Tribunal Act 1975 applies—a statement to the effect that a person whose interests are affected by the decision may request a statement under section 28 of that Act; and(d) if it removes the person under paragraph 4 (a)—an invitation to the person to make an application under regulation 5A for registration.
[NOTE:Paragraph (7) (d) is intended to give a person whose particulars on the register are more than 3 years old an opportunity to be registered without the requirement for review by the Administrative Appeals Tribunal.]
"5E. (1) Subregulation (2) applies to a registered wool-tax payer who proposes to move, at the annual general meeting:
(a) a motion to receive the annual financial statement and report of the Corporation and of the auditors; or
(b) a motion in respect of a recommendation referred to in subsection 43 (2) of the Act that is to be made to the Minister in relation to the making of regulations prescribing tax rates for the purposes of the Wool Tax Acts; or
(c) a motion of no confidence in the Corporation.
"(2) For the purposes of paragraph 47 (a) of the Act, the registered wool-taxpayer:
(a) must give to the Corporation a written copy of the motion, no later than 56 days before the day on which the annual general meeting is to be held; and
(b) may include with the motion a written statement, not exceeding 1,000 words, supporting it; and
(c) may include with the motion the names of registered wool-tax payers whom the registered wool-tax payer claims support the motion.
[NOTE: Under subregulation 5f (2), the Corporation must not distribute the text of the motion unless it appears to the Corporation that the motion is supported by at least 50 registered wool-tax payers, not including the person who proposes to move the motion.]
"(3) Subregulation (4) applies to a registered wool-tax payer who proposes to move, at a special general meeting, a motion in respect of a recommendation referred to in subsection 43 (2) of the Act that is to be made to the Minister in relation to the making of regulations prescribing tax rates for the purposes of the Wool Tax Acts.
"(4) For the purposes of paragraph 47 (a) of the Act, the registered wool-taxpayer:
(a) must give to the Corporation a written copy of the motion; and
(b) may include with the motion a written statement, not exceeding 1,000 words, supporting it; and
(c) must include with the motion the names of at least 50 registered wool-tax payers whom the registered wool-tax payer claims support the motion.
"5F. (1) For the purposes of paragraph 47 (b) of the Act, at least 28 days before the day on which an annual general meeting is to be held, the Corporation must give to each registered wool-tax payer:
(a) a notice setting out:
(i) the day on which the meeting is to be held; and
(ii) the time and place at which the meeting is to be held; and
(b) subject to subregulation (2), the text of each motion proposed to be moved at the meeting; and
(c) a copy of the last annual financial statement and report of the Corporation and its auditors; and
(d) a copy of the proxy form that is approved for the meeting under subregulation 5G (1).
"(2) The Corporation must not give to a registered wool-tax payer the text of a motion given to the Corporation under subregulation 5E(2) unless it appears to the Corporation that the motion is supported by at least 50 registered wool-tax payers (not including the person who proposes to move the motion).
"(3) For the purposes of paragraph 47 (b) of the Act, at least 14 days before the day on which a special general meeting is to be held, the Corporation must give to each registered wool-tax payer a copy of the proxy form that is approved for the meeting under subregulation 5G (1).
"5G. (1) For the purposes of paragraph 47 (c) of the Act, the Corporation Chairperson must approve a form of appointment as a proxy in relation to a general meeting.
"(2) A registered wool-tax payer may appoint a person as his or her proxy in relation to a general meeting.
"(3) The registered wool-tax payer:
(a) may appoint a person as his or her proxy only by completing and signing the approved form; and
(b) may, in the form, instruct the proxy how to vote on a matter referred to in the form; and
(c) must give the form to the Corporation:
(i) in the case of an annual general meeting—at least 7 days before the meeting is to be held; or
(ii) in the case of a special general meeting—at least 2 days before the meeting is to be held.
"(4) A person is not eligible to vote at a general meeting as a proxy for a registered wool-tax payer if the registered wool-tax payer attends the meeting.
"(5) A vote cast by proxy is valid only if the proxy casts it in accordance with the instructions given in the form of his or her appointment as proxy.
"5H. (1) For the purposes of paragraph 47 (d) of the Act, a motion at the annual general meeting to receive the annual financial statement and report of the Corporation and of the auditors is passed if it is agreed to by a majority of the registered wool-tax payers and proxies present and voting, in person or by proxy.
"(2) Voting on a motion to receive the annual financial statement and report of the Corporation and of the auditors is by show of hands, or, if a person who is eligible to vote at the meeting asks for a formal vote on the motion, in a manner that allows the person presiding at the meeting to count each vote separately.
"(3) For the purposes of paragraph 47 (d) of the Act, a motion of no confidence in the Corporation moved at the annual general meeting is passed if it receives at least two thirds of the votes eligible to be cast under regulation 51 by registered wool-tax payers and proxies present and voting, in person or by proxy, at the meeting.
"(4) For the purposes of paragraph 47 (d) of the Act, a motion:
(a) moved at a general meeting by the Corporation; and
(b) in respect of a recommendation referred to in subsection 43 (2) of the Act that is to be made to the Minister in relation to making regulations prescribing tax rates for the purposes of the Wool Tax Acts;
is passed if it receives at least one third of the votes eligible to be cast under regulation 5I by registered wool-tax payers and proxies present and voting, in person or by proxy, at the meeting.
"(5) For the purposes of paragraph 47 (d) of the Act, a motion:
(a) moved at a general meeting, other than by the Corporation; and
(b) in respect of a recommendation referred to in subsection 43 (2) of the Act that is to be made to the Minister in relation to making regulations prescribing tax rates for the purposes of the Wool Tax Acts;
is passed if it receives at least two thirds of the votes eligible to be cast under regulation 5l by registered wool-tax payers and proxies present and voting, in person or by proxy, at the meeting.
"(6) Votes cast for the purposes of subregulation (3), (4) or (5) must be cast by secret ballot.
"5I. (1) For the purposes of paragraph 47 (e) of the Act, a registered wool-tax payer is entitled to cast 1 vote at a general meeting in the financial year that ends on 30 June 1992 for each $100, or part of $100, of the sum of:
(a) the amounts that are recorded on the register under paragraphs 5c (2) (e) and (g) as wool tax; and
(b) the amounts that were taken into account, in the amount payable to the applicant in the 1990-1991 financial year as supplementary payments, to represent wool tax in respect of:
(i) the promotion of wool and wool products; or
(ii) research and development.
[NOTE:
Under guidelines issued under section 140 of the
"(2) For the purposes of paragraph 47 (e) of the Act, a registered wool-tax payer is entitled to cast 1 vote at a general meeting in a later financial year for each $100, or part of $100, that is recorded on the register under paragraphs 5C (3) (b) and (d) as wool tax.
"5J. An application may be made to the Administrative Appeals Tribunal for the review of a decision:
(a) not to register a person; or
(b) to remove a person from the register; or
(c) not to alter a particular entered on the register.".
1. Notified in the
Commonwealth of Australia Gazette on 19 December 1991.
2. Statutory Rules 1991 No. 215.
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