Australian Wool Research and Promotion Organisation (Postal Ballots) Regulations (Cth)

Statutory Rules 1997

No. 217 1

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Australian Wool Research and Promotion Organisation (Postal Ballots) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Australian Wool Research and Promotion Organisation Act 1993.

Dated 20 August 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

john anderson

Minister for Primary Industries and Energy

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Citation

 1. These Regulations may be cited as the Australian Wool Research and Promotion Organisation (Postal Ballots) Regulations.

[Note: These Regulations commence on gazettal: see Acts Interpretation

Act 1901, s. 48.]

Interpretation

 2.In these Regulations, unless the contrary intention appears:

“Act” means the Australian Wool Research and Promotion Organisation Act 1993;

“ballot day”, for a ballot, means the day specified for the ballot in the notice under subregulation 3 (1);

“recorded wool-tax payer” means a wool-tax payer in relation to whom the Organisation makes a record under subregulation 5 (3).

Notice of intention to conduct postal ballots

 3. (1) The Organisation must publish notice of its intention to conduct a postal ballot for the approval of a recommendation for section 49 or 50 of the Act not less than 70 days before a specified day on which the ballot is to conducted.

 (2) The notice must:

• (a)

  specify a day as the ballot day; and

• (b)

  state that a person who intends to participate in the ballot must, not less than 49 days before the ballot day, give written notice to the Organisation of that intention; and

• (c)

  state that, except in the circumstances set out in paragraph (d), ballot papers will be given to recorded wool-tax payers not less than 42 days before the ballot day; and

• (d)

  state that, if the Organisation accepts a late notice of a person’s intention to participate in the ballot, a ballot paper will be given to the person without delay after receipt by the Organisation of the notice.

 (3) Subregulation (2) does not preclude:

• (a)

  publication of the notice with notice under subsection 22 (1) of the Act of an annual general meeting; and

• (b)

  the notice setting out other relevant information, such as details of consultation by the Organisation with the Wool Council of Australia or the Australian Interior Textile and Carpet Wool Council Incorporated about the recommendation.

 (4) The notice may be accompanied by a notice in a form approved by the Organisation to be completed by a person who intends to participate in the ballot.

 (5) The Organisation must:

• (a)

  publish the notice in a newspaper circulating in Australia; and

• (b)

  give a copy of the notice to Wool Council of Australia and the Australian Interior Textile and Carpet Wool Council Incorporated.

 (6) In addition, the Organisation may publicise the ballot in other ways.

Notice of intention to participate in postal ballots

 4.(1)A person who intends to participate in a postal ballot must, not less than 49 days before the ballot day, give written notice to the Organisation of the person’s intention to participate in the ballot.

 (2)However, the Organisation may accept a notice given less than 49 days before the ballot day if, in the opinion of the Organisation:

• (a)

  the notice was delayed for a reason that was not the fault of the person giving the notice; or

• (b)

  there is other good reason to accept the notice.

 (3) If the notice of intention to conduct a postal ballot is published with notice under subsection 22 (1) of the Act of an annual general meeting, notice of a person’s intention to participate in the ballot may be given with notice of the person’s intention to participate in the annual general meeting.

 (4) The notice must:

• (a)

  set out the person’s name and business address; and

• (b)

  state that the person is a wool-tax payer for the proposed ballot who intends to participate in the ballot; and

• (c)

  give information about the payment by the person of wool tax for the financial year preceding the financial year in which the ballot is to be held.

Determination of wool-tax payer status

 5.(1)As soon as practicable after notice in accordance with regulation 4 is given to the Organisation, the Organisation must determine whether the person giving notice is a wool-tax payer for the ballot.

 (2)The Organisation must determine that a person is a  wool-tax payer for the ballot if:

• (a)

  the notice includes information showing that the person has paid wool tax for the financial year preceding the financial year in which the ballot is to be held that the Organisation is satisfied is correct; or

• (b)

  the Organisation is otherwise satisfied that the person has paid wool tax for the financial year preceding the financial year in which the ballot is to be held; or

• (c)

  within a reasonable period before the ballot day, the person gives to the Organisation information showing that the person is a wool-tax payer for the ballot that the Organisation is satisfied is correct.

 (3) If the Organisation determines that a person is a wool-tax payer for the ballot, the Organisation must record the details of the payment of wool tax by the person.

 (4)If the Organisation determines that a person is not a wool-tax payer for the ballot, the Organisation must inform the person in writing of the determination, and of the reasons for the determination, as soon as practicable after making the determination.

Organisation may ask for further information

 6. Before determining that a person is, or is not, a wool-tax payer for a ballot, the Organisation may, by written notice, request the person to give to the Authority additional information that is necessary for a proper determination.

False or misleading statements or information

 7. A person must not:

• (a)

  intentionally make a statement, or give information, for regulation 4, 5 or 6; and

• (b)

  do so knowing that the statement or information is false or misleading.

Penalty: 20 penalty units

Recommendations—carpet and interior textile wool

 8.If a proposed recommendation relates to carpet or interior textile wool, the Organisation must not submit the recommendation to a postal ballot unless it has consulted the Australian Interior Textile and Carpet Wool Council Incorporated about the proposed recommendation.

[Note:  Subsection 51 (11) of the Act provides that the Organisation must not submit any recommendation to a ballot unless it has consulted with the Wool Council of Australia in relation to the proposed recommendation.]

Ballot papers

 9.(1)Not less than 42 days before the ballot day, the Organisation must give to each recorded wool-tax payer for the ballot:

• (a)

  a statement of each recommendation to be submitted to the ballot; and

• (b)

  a ballot paper with a vote value that is equal to the number of votes that the wool-tax payer is entitled to cast; and

• (c)

  a statement that the wool-tax payer may vote using the ballot paper, and must return the ballot paper to the Organisation, on or before the ballot day for the ballot paper to be included in the ballot.

 (2)However, the Organisation is taken to have complied with subregulation (1) if those statements, and that ballot paper, are given to a recorded wool-tax payer to whom this subregulation applies as soon as practicable before the ballot day.

 (3) Subregulation (2) applies to a recorded wool-tax payer if:

• (a)

  subregulation 4 (2) or paragraph 5 (2) (c) applies to the recorded wool-tax payer; and

• (b)

  because of paragraph (a), the Organisation is unable to comply with subregulation (1) until after 42 days before the ballot day.

Voting entitlements

 10.(1)A recorded wool-tax payer for a postal ballot is entitled to vote in the ballot in accordance with this regulation.

 (2)In relation to a recommendation, the recorded wool-tax payer is entitled to cast:

• (a)

  if the amount of wool tax paid by the wool-tax payer for the financial year preceding the financial year in which the ballot is to be conducted is:

  • (i)

    less than $100—1 vote; or

  • (ii)

    $100 or a multiple of $100—1 vote for each $100 of wool tax paid; or

• (b)

  if that amount exceeds, but is not a multiple of, $100:

  • (i)

    1 vote for each $100 of wool tax paid; and

  • (ii)

    1 vote for the remainder.

 (3) In subregulation (2), “wool tax” means wool tax applied, or to be applied, to:

• (a)

  the promotion of wool or wool products; and

• (b)

  research and development in relation to wool or wool products.

Counting of votes

 11. (1) Each vote of a recorded wool-tax payer for a postal ballot must be counted if the ballot paper on which the vote is recorded is received by the Organisation on or before the ballot day.

 (2) The Organisation must appoint:

• (a)

  an independent person to count the votes for the ballot; and

• (b)

  another independent person to inspect the counting of votes.

Approval of recommendations

 12. (1) This regulation applies to a recommendation submitted to a postal ballot.

 (2) The recommendation is approved if the number of votes cast in its support is a majority of the votes cast in the ballot.

 (3) If the recommendation (the “previous recommendation”) is not approved, the Organisation must conduct another postal ballot in accordance with these Regulations for the approval of a recommendation for section 49 or 50 of the Act, as the case requires.

 (4) The other ballot must be conducted within 12 months of the ballot day on which the previous recommendation was not approved.

Communications by fax

 13.(1)In addition to any other manner in which a notice under these Regulations may be given to a person, or to the Organisation, the notice may be:

• (a)

  addressed to the person or to the Organisation; and

• (b)

  sent to a facsimile receiving facility at that address.

 (2) A ballot paper may be lodged with the Organisation by being addressed to the Organisation and sent to a facsimile receiving facility at that address.

Review of decisions

 14. Application under the Administrative Appeals Tribunal Act 1975 may be made for a review of a decision under subregulation 5 (2) or (4).

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NOTE

1. Notified in the Commonwealth of Australia Gazette