Dairy Industry Act 2000 Dairy Industry Conference Amendment Regulation 2000 (2000-337) [GG No 84 of 30.6.2000, p 6050] (NSW)

2000 No 337

Dairy Industry Conference Amendment New South Wales

Regulation 2000

under the

Dairy Industry Act 2000

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Dairy Industry Act 2000.

RICHARD AMERY, M.P.,

Minister for Agriculture

Explanatory note
The object of this Regulation is to amend the Dairy Industry Conference

Regulation 1999:

(a)	to make consequential amendments resulting from the enactment of the Dairy Industry Act 2000, and
(b)	to reduce the total number of members of the New South Wales Dairy Industry Conference (the Conference) from 39 members to 11 members and to make consequential reductions to the number of members who may be appointed by industry organisations, and
(c)	to repeal provisions relating to the establishment of an Executive Committee of the Conference, and
(d)	to enable the transaction of Conference business outside meetings or by telephone, and
(e)	to make other consequential amendments and provisions of a savings and transitional nature.

This Regulation is made under the Dairy Industry Act 2000, including section 8 and section 23 (the general regulation-making power) and clause 2 (1) of Schedule 2.

Published in Gazette No 84 of 30 June 2000, page 6050	Page 1
[12]
2000 No 337
Clause 1	Dairy Industry Conference Amendment Regulation 2000

Dairy Industry Conference Amendment Regulation
2000

1     Name of Regulation

This Regulation is the Dairy Industry Conference Amendment

Regulation 2000.

2 Commencement

This Regulation commences on 1 July 2000.

3 Amendment of Dairy Industry Conference Regulation 1999

The Dairy Industry Conference Regulation 1999 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

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Dairy Industry Conference Amendment Regulation 2000

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]     Clause 3 Definitions

Omit “and the Executive Committee” from the definition of Chairperson.

[2]    Clause 3, definitions of “country area”, “Executive Committee”, “Executive Director” and “metropolitan area”

Omit the definitions.

[3]     Clause 3

Insert in alphabetical order:

dairy produce merchant means any person:

(a)	who, otherwise than as an employee or a carrier, receives or accepts milk to be supplied to another person, or
(b)	who, otherwise than as an employee, sells milk to another person.

[4]     Clause 3, definition of “Deputy Chairperson”

Omit “and the Executive Committee”.

[5]     Clause 3, definition of “distribution sector member”

Omit “Retail Traders’ Association of New South Wales or The Food
Retailers’ Association of New South Wales” from paragraph (b).
Insert instead “Australian Retailers’ Association”.

[6]     Clause 3, definition of “the Act”

Omit the definition. Insert instead:

the Act means the Dairy Industry Act 2000.

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Dairy Industry Conference Amendment Regulation 2000

Schedule 1 Amendments

[7]     Clause 5 Membership of Conference

Omit clause 5 (1). Insert instead:

(1)

The Conference is to consist of 11 members of whom:

(a)	2 are members appointed by the Minister under section 7 (1) of the Act, and
(b)	4 are persons appointed by the NSW Dairy Farmers’ Association to represent dairy farmers, and
(c)	2 are persons appointed by the New South Wales Milk and Dairy Products Association to represent dairy produce merchants, and
(d)	one is a person appointed by the Amalgamated Milk Vendors’ Association Inc. to represent dairy produce merchants who are distributors by vehicle, and
(e)	one is a person appointed by the Australian Retailers’ Association to represent dairy produce merchants who are shop distributors, and
(f)	one is the General Manager of the Dairy Division of Safe Food, made an ex officio member under section 7 (2) of the Act.

[8]     Clause 6 Terms of office of members

Omit “6B (1) (b) or (c)” from clause 6 (1).
Insert instead “7 (1) (b) or (c)”.

[9]     Clause 6 (2)

Omit “(b)–(h)”. Insert instead “(b)–(e)”.

[10]     Clause 6 (3) and (4)

Omit the subclauses.

[11]     Clause 7 Appointment of members

Omit “(b)–(h)” from clause 7 (1). Insert instead “(b)–(e)”.

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Dairy Industry Conference Amendment Regulation 2000

Amendments Schedule 1

[12]     Clause 8 Election and term of office of Chairperson

Omit “(b)–(h)” wherever occurring. Insert instead “(b)–(e)”.

[13]     Clause 8 (5)

Omit “, but no person is to hold office as Chairperson for more than 2 consecutive full terms”.

[14]     Clause 9 Election of Deputy Chairperson

Insert “held in an even numbered year” after “meeting” in clause 9 (1).

[15]     Clause 9 (2)–(5)

Omit clause 9 (2)–(4). Insert instead:

(2)	The Deputy Chairperson is to assume office at the conclusion of the annual general meeting and hold office until the conclusion of the next annual general meeting at which a Deputy Chairperson is required to be elected.
(3)	A member referred to in clause 5 (1) (b)–(e) may be nominated for the office of Deputy Chairperson by any member.

(4) If there is more than one nomination, an election is to be conducted, in accordance with the directions of the person presiding at the meeting, by secret ballot according to a preferential system of voting among the members (other than the General Manager of the Dairy Division of Safe Food) present at the meeting.

(5) A member elected as Deputy Chairperson is eligible for
re-election for a further term of office as Deputy Chairperson.

[16]     Clause 10 Appointment of member referred to in clause 5 (1) (i)

Omit the clause.

[17]     Clause 12 Casual vacancy in office of Chairperson

Omit “(b)–(h)” from clause 12 (3). Insert instead “(b)–(e)”.

[18]     Clause 13 Casual vacancy in office of Deputy Chairperson

Omit “of the Executive Committee” from clause 13 (1) (b).

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Dairy Industry Conference Amendment Regulation 2000

Schedule 1 Amendments

[19]     Clause 13 (2)

of Safe Food, elected at a meeting of the Executive Committee”.

Omit “of the Executive Committee, other than the Chief Executive Officer of Safe Food, elected at a meeting”.

[20]     Clause 13 (3) and (4)

Omit the subclauses.

[21]     Clause 15 Meetings

Omit “the month of April, May, June or July” from clause 15 (2).
Insert instead “each calendar year”.

[22]     Clause 15 (3)

Omit the subclause.

[23]     Clause 15 (4)

Omit “or to the Executive Committee”.

[24]     Clause 15A

Insert after clause 15:

15A Transaction of business outside meetings or by telephone

(1)	The Conference may, if it thinks fit, transact any of its business by the circulation of papers among all members of the Conference for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Conference.
(2)	The Conference may, if it thinks fit, transact any of its business at a meeting at which the members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.

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Dairy Industry Conference Amendment Regulation 2000

Amendments Schedule 1

(3) For the purpose of:

(a)	the approval of a resolution under subclause (1), or
(b)	a meeting held in accordance with subclause (2),

the Chairperson and each member have the same voting rights

as they have at an ordinary meeting of the Conference.

(4)	A resolution approved under subclause (1) is to be recorded in the minutes of the meetings of the Conference.
(5)	Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.

[25]     Clause 16 Special meetings

Omit “Executive Committee” from clause 16 (1).
Insert instead “Deputy Chairperson”.

[26]     Clause 16 (2) and (3)

Omit “Executive Committee” wherever occurring.
Insert instead “Chairperson or Deputy Chairperson”.

[27]     Clause 16 (2)

Omit “26”. Insert instead “6”.

[28]     Clause 16 (3)

Omit “it”. Insert instead “the Chairperson or Deputy Chairperson”.

[29]     Clause 17 Notice of meetings

Omit “ Executive Director” from clause 17 (1).
Insert instead “Chairperson or Secretary (if any) of the Conference”.

[30]     Clause 17 (3) (a)

Omit “28”. Insert instead “14”.

[31]     Clause 18 Quorum

Omit “26”. Insert instead “6”.

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Dairy Industry Conference Amendment Regulation 2000

Schedule 1 Amendments

[32]     Clause 19 Presiding member

Omit clause 19 (3)–(5). Insert instead:

(3) The Chairperson, or the Deputy Chairperson, or any other person, has a deliberative but not a casting vote if presiding at a meeting of the Conference.

[33]     Clause 20 Submission of business and motions

Omit clause 20 (1) (b).

[34]     Clause 20 (1) (g)

Insert after clause 20 (1) (f):

(g) the Secretary (if any) of the Conference, on behalf of any other person who may submit business or motions under this subclause.

[35]     Clause 20 (2) (a)

Omit “Executive Director”.
Insert instead “Chairperson or Secretary (if any) of the Conference”.

[36]     Clause 21 Decisions of Conference

Omit “26 members” from clause 21 (2).
Insert instead “a majority of members who are entitled to vote”.

[37]     Clause 21 (3)

Omit “23”. Insert instead “5”.

[38]     Clause 22 Decisions between Conference meetings

Omit the clause.

[39]     Clause 23 Conduct of Conference business

Omit “Executive Director” from clause 23 (3).
Insert instead “Secretary (if any) of the Conference”.

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Dairy Industry Conference Amendment Regulation 2000

Amendments Schedule 1

[40]     Part 4 Membership of Executive Committee

Omit the Part.

[41]     Part 5 Executive Committee meetings

Omit the Part.

[42]     Clause 35 Regularity of proceedings

Omit “or the Executive Committee” wherever occurring.

[43]     Clause 35 (2)

Omit “to the Executive Director”.
Insert instead “to the Chairperson or Secretary (if any) of the Conference”.

BY AUTHORITY