Australian Wool Corporation Regulations (Amendment) (Cth)
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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 17 December 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
SIMON CREAN
Minister of State for Primary Industries and Energy
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1.1 The Australian Wool Corporation Regulations are amended as set out in these Regulations.
[NOTE: These Regulations commence on gazettal: see
2.1 Regulation 3 (definitions of “
Omit the definitions.
2.2 Insert the following definitions:
“
3.1 After subregulation 5a (2), insert:
“(2a) An applicant may make an application by:
(a) sending a facsimile of the approved form to the Corporation; or
(b) giving a copy of the approved form to the Corporation by other means.”.
4.1 Subregulation 5b (1):
Omit the subregulation.
4.2 Subregulation 5b (3):
Omit “40 (1)”, substitute “40 (1a) or 40 (1b)”.
4.3 Subregulation 5b (4):
Omit “40 (1)” (wherever occurring), substitute “40 (1a) or 40 (1b)”.
5.1 Paragraph 5c (1) (b):
Omit the paragraph, substitute:
“(b) the address, telephone number and facsimile transmission number (if any) of:
(i) the applicant’s business or registered office; or
(ii) if the applicant has a residential address—that residential address;”.
5.2 Paragraph 5c (1) (c):
Omit the paragraph.
5.3 Paragraph 5c (1) (d):
Omit the paragraph.
5.4 Paragraph 5c (1) (e):
Omit the paragraph.
Paragraphs 5c (1) (h) and (i):
Omit the paragraphs, substitute:
“(h) the most recent financial year in which:
(i) the applicant’s particulars were entered on the register under subsection 40 (1a) of the Act; or
(ii) the registration of the applicant’s particulars was renewed under subsection 40 (1b) of the Act;
(i) if, in the previous financial year, the rates of the parts of the amount of wool tax payable for:
(i) the promotion of wool and wool products; and
(ii) research and development;
on carpet wool and shorn wool other than carpet wool were the same—the sum of:
(iii) the gross proceeds received by the applicant from sale of wool in the previous financial year; and
(iv) the sale value (within the meaning of section 10 of the
Wool Tax (Administration) Act 1964) of any other wool for which the applicant became liable to pay wool-tax in that year;
(j) if, in the previous financial year, the rates of the parts of the amount of wool tax payable for:
(i) the promotion of wool and wool products; and
(ii) research and development;
on carpet wool and shorn wool other than carpet wool differed—the sum of:
(iii) the gross proceeds received by the applicant from sale in the previous financial year of carpet wool and shorn wool other than carpet wool; and
(iv) the sale value (within the meaning of section 10 of the
Wool Tax (Administration) Act 1964) of any other carpet wool and shorn wool other than carpet wool for which the applicant became liable to pay wool-tax in that year.”.
5.6 Subregulations 5c (2) and (3):
Omit the subregulations.
6.1 After regulation 5c, insert:
“5ca. If a partnership that is a registered wool-tax payer is dissolved, the senior of the former partners or his or her personal representative must give the Corporation a notice in writing setting out the name of the former partnership and stating that it has been dissolved.”.
7.1 Paragraph 5d (1) (a):
Omit the paragraph, substitute:
“(a) in the period:
(i) beginning 49 days before an annual general meeting of the Corporation or an annual general meeting of the Wool Research and Development Corporation, whichever is held earlier in the financial year; and
(ii) ending at the end of the later of the meetings referred to in subparagraph (i);”.
7.2 Subregulations 5d (4) and (5):
Omit the subregulations, substitute:
At least 42 days before a person’s particulars are to be removed from the register under paragraph 40 (1e) (b) of the Act, the Corporation must:
(a) notify the person that his or her particulars are to be removed from the register; and
(b) invite the person to apply for renewal of registration of his or her particulars.”.
7.3 Subregulation 5d (6):
Omit “under paragraph (4) (b)”.
7.4 Paragraph 5d (7) (c):
Omit “and”.
7.5 Subregulation 5d (7):
Omit paragraph (d) and the NOTE to the subregulation.
8.1 Paragraph 5da (1) (a):
Omit “an annual”, substitute “a”.
8.2 Subregulation 5da (3):
Omit “an annual”, substitute “a”.
8.3 Add at the end:
For the purposes of paragraph (1) (a), an application may be sent to the Corporation by facsimile transmission.”.
9.1 After paragraph 5e (1) (b), insert:
“(ba) a motion relating to a matter within the Corporation’s responsibilities; or”.
10.1 After regulation 5e, insert:
“5ea. If the Corporation receives under subregulation 5e (2) a written copy of a motion relating to a matter within the Corporation’s responsibilities, the Corporation may prepare a written statement, not exceeding 1,000 words, commenting on the motion.
“5eb. (1) If the Corporation proposes to move at a general meeting a motion in respect of a recommendation referred to in subsection 43 (2) of the Act, the Corporation must, at least 56 days before the meeting, announce publicly the Corporation’s intention to move the motion.
The Corporation may prepare a written statement, not exceeding 1,000 words, supporting the motion.
“5ec. (1) The Corporation must, within the period referred to in subregulation (2), prepare an agenda for an annual general meeting.
For the purposes of subregulation (1), the period:
(a) begins not more than 55 days before the annual general meeting; and
(b) ends immediately before the Corporation gives notice of the meeting under subregulation 5f (1).
The Chairperson may determine the procedures by which the meeting is to be conducted and issue with the agenda a statement setting out those procedures.”.
11.1 Subregulation 5f (1):
Omit the subregulation, substitute:
For the purposes of paragraph 47 (b) of the Act, at least 42 days before the day on which an annual general meeting or an annual general meeting of the Wool Research and Development Corporation is held, whichever is earlier, 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
(iii) the agenda prepared under regulation 5ec for the meeting; and
(b) subject to subregulation (2), the text of each motion proposed to be moved at the meeting; and
(c) unless the Corporation has reason to believe that the statement is defamatory—a copy of a written statement that:
(i) is referred to in paragraph 5e (2) (b), regulation 5ea or subregulation 5eb (2); and
(ii) relates to a motion the text of which is being distributed under paragraph (b);
(d) a copy of the last annual financial statement and report of the Corporation and its auditors; and
(e) a copy of the proxy form that is approved for the meeting under subregulation 5g (1).”.
11.2 Paragraph 5f (1a) (b):
Omit “28”, substitute “42”.
12.1 Paragraph 5g (3) (c):
Omit the paragraph, substitute:
“(c) must send the form or a facsimile of the form to the Corporation at least 2 days before the day on which the earlier of:
(i) the general meeting of the Corporation; and
(ii) the next annual general meeting of the Wool Research and Development Corporation;
is to be held.”.
13.1 Subregulation 5h (1):
Omit “and proxies present and voting, in person or by proxy”, substitute “voting at the meeting in person or by proxy”.
13.2 Subregulation 5h (3):
Omit “and proxies present and voting, in person or by proxy, at the meeting”, substitute “voting at the meeting in person or by proxy”.
13.3 Subregulation 5h (4):
Omit “at least one third”, substitute “more than half”.
13.4 Subregulation 5h (4):
Omit “and proxies present and voting, in person or by proxy, at the meeting”, substitute “voting at the meeting in person or by proxy”.
13.5 Subregulation 5h (5):
Omit “at least two thirds”, substitute “more than half”.
13.6 Subregulation 5h (5):
Omit “and proxies present and voting, in person or by proxy, at the meeting”, substitute “voting at the meeting in person or by proxy”.
13.7 After subregulation 5h (5), insert:
“(5a) For the purposes of paragraph 47 (d) of the Act, a motion relating to a matter within the Corporation’s responsibilities is passed if it receives more than half of the votes eligible to be cast under regulation 5i by registered wool-tax payers voting at the meeting in person or by proxy.”.
13.8 Subregulation 5h (6):
Omit “or (5)”, substitute “, (5) or (5a)”.
14.1 After regulation 5h, insert:
“5ha. (1) For the purposes of paragraph 47 (d) of the Act, a procedural motion moved at a general meeting is passed if it is agreed to by a majority of persons present and entitled to vote at the meeting.
Voting on a procedural motion is by show of hands.”.
15.1 Omit the regulation, substitute:
“5i. (1) For the purposes of paragraph 47 (e) of the Act, a registered wool-tax payer is entitled to cast 1 vote for each $100, or part of $100, of the sum of those parts of the amount of the wool tax paid by the wool-tax payer in relation to:
(a) the promotion of wool and wool products; and
research and development.
In subregulation (1), a reference to “wool tax” is a reference to the wool tax paid by the wool tax payer on:
(a) the gross proceeds received by the wool-tax payer from the sale of wool; and
(b) the sale value (within the meaning of section 10 of the
Wool Tax (Administration) Act 1964) of other wool on which the wool-tax payer became liable to pay wool-tax;
being the gross proceeds and sale value used to calculate the amount entered in the register under paragraph 5C (1) (i) or (j).”.
1. Notified in the
Commonwealth of Australia Gazette on 24 December 1992.2. Statutory Rules 1991 No. 215 as amended by 1991 No. 470; 1992 Nos. 100, 114, 142 and 204.
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