Meat and Live-stock Industry Act 1995 (Cth)

Meat and Live-Stock Industry Act 1995

Act No. 67 of 1995 as amended

Consolidated as in force on 10 June 1999

(includes amendments up to Act No. 207 of 1997)

Repealed by Act No. 207 of 1997, Schedule 4 (item 1),

which is effective on 1 July 1998 [see Note 2]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

An Act relating to the Australian meat and live‑stock industry

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Part 1—Preliminary

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1Short title[see Note 1]

This Act may be cited as the Meat and Live-stock Industry Act 1995.

2Commencement[see Note 1]

This Act commences, or is taken to have commenced, on 1 July 1995.

3Definitions

In this Act, unless the contrary intention appears:

AMLC means the Australian Meat and Live-stock Corporation continued in existence by section 53.

annual general meeting means an annual general meeting of the industry convened under section 22.

cattle means bovine animals other than buffaloes.

conference means a conference convened under section 21.

Council means the Meat Industry Council established by section 8.

edible offal means any edible portion, other than the flesh, of live‑stock.

eligible industry body means any of the following:

1. (a)

   the Cattle Council of Australia;

2. (b)

   the Sheepmeat Council of Australia;

3. (c)

   the Australian Meat Council;

4. (d)

   the Meat and Allied Trades Federation of Australia;

5. (e)

   any other body that is prescribed by the regulations for the purposes of this paragraph.

general meeting means an annual general meeting or a special general meeting.

industry means the Australian meat and live-stock industry.

live-stock means cattle, sheep, lambs, goats or other prescribed animals.

meat means the flesh, whether fresh or preserved, of live-stock, and includes meat products and edible offal.

meat by-product includes skin, hide, tallow, meat meal and inedible offal.

meat product means food prepared from or containing meat, and includes canned meat.

MRC means the Meat Research Corporation continued in existence by section 166.

selection committee means a selection committee constituted under section 214.

special general meeting means a special general meeting of the industry convened under section 22.

statutory meat and live-stock authority means the Council, AMLC or MRC.

Territory means an internal Territory.

4Crown to be bound

1. (1)

   This Act binds the Crown in right of the Commonwealth, each of the States, the Australian Capital Territory and the Northern Territory.

2. (2)

   Nothing in this Act renders the Crown in right of the Commonwealth, a State, the Australian Capital Territory or the Northern Territory liable to be prosecuted for an offence.

5Application

This Act applies both within and outside Australia.

Part 2—Meat Industry Council

Division 1—Establishment, functions and powers

6Object of Part

The object of this Part is to establish a statutory authority that represents all sectors of the industry:

1. (a)

   for the purpose of helping the industry to meet the requirements of consumers of meat and meat products by making the production of live-stock, and the processing and marketing of meat and meat products, more competitive, productive and efficient; and

2. (b)

   to achieve that purpose by ensuring that AMLC and MRC can develop and carry out appropriate programs within the framework of strategic directions developed by the authority;

and this Part is to be interpreted and administered accordingly.

7Definitions

In this Part, unless the contrary intention appears:

Acting Chairperson means a person appointed to act as Chairperson under section 31.

Acting Chief Executive Officer means a person appointed under section 40 to act as Chief Executive Officer.

Chairperson means Chairperson of the Council.

Chief Executive Officer means the Chief Executive Officer of the Council holding office under section 39.

committee means a committee established by the Council under section 225.

corporate plan means a corporate plan prepared by the Council and approved by the Minister under Division 2.

employee means an employee employed under section 42.

meeting means a meeting of the Council.

member means member of the Council.

non-government member means a member other than the member representing the Commonwealth Government.

peak industry body means any of the following:

1. (a)

   the Cattle Council of Australia;

2. (b)

   the Sheepmeat Council of Australia;

3. (c)

   the Australian Meat Council;

4. (d)

   the Meat and Allied Trades Federation of Australia;

5. (e)

   any other body that is prescribed by the regulations for the purposes of this paragraph.

registered person, in relation to a general meeting, means a person whose name was entered on a register kept by AMLC under section 88 on the day of closure of the register for the purposes of the meeting.

the regulations means the regulations made under this Act for the purposes of this Part.

8Establishment of the Council

1. (1)

   A body, to be known as the Meat Industry Council, is established.

2. (2)

   The Council:

   1. (a)

      is a body corporate, with perpetual succession; and

   2. (b)

      is to have a common seal; and

   3. (c)

      may acquire, hold and dispose of real and personal property; and

   4. (d)

      may sue and be sued in its corporate name.

   Note: The Commonwealth Authorities and Companies Act 1997 applies to the Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

3. (3)

   All courts, judges and people acting judicially must take judicial notice of the imprint of the common seal of the Council appearing on a document and must presume that the document was duly sealed.

9Functions of the Council

The functions of the Council are:

1. (a)

   to develop a vision, and strategic directions, for the industry; and

2. (b)

   to formulate broad policies to be complied with by AMLC and MRC in the performance of their functions and the exercise of their powers; and

3. (c)

   to consider, and if appropriate agree to, corporate plans prepared by AMLC and MRC; and

4. (d)

   to develop motions to be moved at general meetings, for the purpose of providing funding for the Council, AMLC and MRC; and

5. (e)

   to cause programs developed by AMLC and MRC to be evaluated; and

6. (f)

   to nominate people for appointment to selection committees; and

7. (g)

   to develop proposals for self-regulation by the industry; and

8. (h)

   to develop a united industry approach to issues affecting the industry.

10Powers of the Council generally

1. (1)

   The Council has power to do anything that is necessary or convenient to be done for, or in connection with, the performance of its functions.

2. (2)

   Without limiting subsection (1), the Council may:

   1. (a)

      engage persons to conduct independent evaluations of programs developed by AMLC and MRC; and

   2. (b)

      with the written approval of the Minister, do any of the following:

   3. (i)

      engage persons to provide services for the industry;

   4. (ii)

      form, or participate with other persons in the formation of, an incorporated company;

   5. (iii)

      acquire, hold or dispose of shares or stock in the capital of, or debentures or other securities issued by, an incorporated company;

   6. (iv)

      enter into a partnership, or an arrangement for the sharing of profits, with another person.

11Funding for industry consultations

1. (1)

   The Council may make arrangements under which it will, subject to any guidelines given to it by the Minister, make payments to eligible industry bodies for the purpose of meeting the costs and expenses reasonably incurred by them in consulting with AMLC or MRC in respect of any matters relating to the performance of the functions or the exercise of the powers of AMLC or MRC.

2. (2)

   An arrangement must include provision under which a body receiving a payment in respect of any such costs and expenses will:

   1. (a)

      comply with the guidelines in relation to the application of the money paid to the body; and

   2. (b)

      give the Minister statements, audited by a registered company auditor, as to the costs and expenses and the application of that money.

Division 2—Corporate plans

12First corporate plan

1. (1)

   The Council must prepare a corporate plan, and give the plan to the Minister, as soon as practicable after the commencement of this Act.

2. (2)

   The plan is to relate to the period beginning on 1 July 1995 and ending on 30 June 1998.

13Later corporate plans

1. (1)

   In each calendar year beginning on or after 1 January 1996, the Council must prepare a corporate plan for the period of 3 years beginning on 1 July in that year.

2. (2)

   The plan must be given to the Minister before 1 March in the calendar year.

14Content of corporate plans

A corporate plan must:

1. (a)

   outline the Council’s vision for the industry; and

2. (b)

   outline the strategies that the Council proposes to pursue to achieve that vision; and

3. (c)

   include any other matters required by the regulations.

15Approval of corporate plans

1. (1)

   The Minister may give the Council a written notice:

   1. (a)

      approving a corporate plan (including a corporate plan that has been revised under this section); or

   2. (b)

      if the Minister thinks that the interests of the industry require that the plan be revised in some respect, requesting the Council to revise the plan accordingly.

2. (2)

   A notice requesting revision of a plan must set out the reasons for the request.

3. (3)

   The Council must:

   1. (a)

      consider a request for revision of a plan and the reasons for the request; and

   2. (b)

      make any revision of the plan that it considers appropriate; and

   3. (c)

      give the revised plan to the Minister for approval.

16When corporate plan comes into force

1. (1)

   A corporate plan comes into force when it is approved by the Minister.

2. (2)

   A corporate plan supersedes any previous corporate plans in relation to the period to which the first-mentioned plan applies.

17Variation of corporate plans

1. (1)

   The Council may vary a corporate plan if, and only if, the Minister approves the variation.

2. (2)

   A variation of a corporate plan comes into force when it is approved by the Minister.

18Variation at instance of the Council

1. (1)

   If the Council wishes to vary a corporate plan, it must prepare a written proposal for the variation and give the Minister:

   1. (a)

      a copy of the proposal; and

   2. (b)

      a statement of the Council’s reasons for the proposal.

2. (2)

   After considering a proposal and the reasons for a proposal, the Minister may, in writing, approve the proposed variation or refuse to approve it.

19Variation at Minister’s request

1. (1)

   The Minister may give the Council a written request that it vary a corporate plan in the manner set out in the request.

2. (2)

   A request must include a statement of the reasons for the request.

3. (3)

   The Council must consider the request and if it wishes to vary the plan:

   1. (a)

      prepare a written proposal for any variations of the plan that the Council thinks appropriate; and

   2. (b)

      give the proposal to the Minister.

4. (4)

   The Minister may, in writing, approve the proposal or refuse to approve it.

20Compliance with corporate plan

So far as practicable, the Council must perform its functions, and exercise its powers, in a manner that is consistent with, and so as to give effect to, its corporate plan.

Division 3—Industry conferences and general meetings

21Industry conferences

1. (1)

   The Council must convene a conference of the industry in each financial year that begins on or after 1 July 1995.

2. (2)

   The purposes of a conference are:

   1. (a)

      to help the Council in identifying matters of concern to the industry; and

   2. (b)

      to promote a better understanding of problems within the industry; and

   3. (c)

      to foster a consensus on the policies to be instituted to safeguard the interests of the industry.

3. (3)

   A conference is to be held on days, at times and at a place determined by the Council.

4. (4)

   The Council must ensure that not more than 15 months elapse between successive conferences.

5. (5)

   The Council is to convene a conference by publishing a notice of the conference not less than the prescribed number of days before the day on which the conference is to begin.

6. (6)

   Notice of a conference must:

   1. (a)

      state the days, times and place of the conference; and

   2. (b)

      be published in a newspaper circulating throughout Australia; and

   3. (c)

      state than an annual general meeting of the industry is to be held during the conference.

7. (7)

   In addition to publishing a notice under subsection (6), the Council may:

   1. (a)

      cause the notice to be published in any newspaper the Council thinks appropriate; and

   2. (b)

      give copies of the notice to any industry bodies; and

   3. (c)

      cause particulars of the conference to be made public in any other way, and at any time, the Council thinks appropriate.

8. (8)

   Any person who is entitled to attend a general meeting is entitled to attend and participate in, the conference.

9. (9)

   The Chairperson may invite a person to attend the conference, and a person so invited may attend, and participate in, the conference other than a general meeting held during the conference.

   Note: Paragraph 26(1)(e) empowers the Chairperson to invite people to attend a general meeting.

10. (10)

    The Chairperson or, if the Chairperson is absent, the Acting Chairperson is to preside at all meetings of a conference.

22General meetings

1. (1)

   The Council must convene an annual general meeting of the industry to be held during each conference.

2. (2)

   An annual general meeting is convened by the Council by the inclusion in accordance with paragraph 21(6)(c) of a statement in the notice of the conference that the meeting is to be held during the conference.

3. (3)

   The Council may at any time convene a special general meeting of the industry.

4. (4)

   A special general meeting is convened by the Council by the publication, in a newspaper circulating throughout Australia, not less than the prescribed number of days before the day on which the meeting is to be held, of notice of the meeting that states the day, time and place of the meeting.

5. (5)

   In addition to publishing a notice under subsection (4), the Council may:

   1. (a)

      cause the notice to be published in any other newspaper the Council thinks appropriate; and

   2. (b)

      give copies of the notice to any industry bodies it thinks appropriate; and

   3. (c)

      cause particulars of the meeting to be made public in any other way, and at any time, the Council thinks appropriate.

23Purpose of annual general meeting

1. (1)

   The purpose of an annual general meeting is to provide an opportunity for registered persons:

   1. (a)

      to consider the most recent annual reports on the Council, AMLC and MRC (these reports are prepared under section 9 of the Commonwealth Authorities and Companies Act 1997); and

   2. (b)

      to consider any motion of which the prescribed notice has been given.

2. (2)

   The only motions that may be considered under paragraph (1)(b) are the following:

   1. (a)

      a motion, moved by the Chairperson of the Council or by a person appointed by the Chairperson of the Council for the purpose, that the most recent annual report on the Council be received;

   2. (b)

      a motion, moved by the Chairperson of AMLC or by a person appointed by the Chairperson of AMLC for the purpose, that the most recent annual report on AMLC be received;

   3. (c)

      a motion, moved by the Chairperson of MRC or by a person appointed by the Chairperson of MRC for the purpose, that the most recent annual report on MRC be received;

   4. (d)

      a motion, moved by the Chairperson of the Council or by a person appointed by the Chairperson of the Council for the purpose, to endorse a recommendation that the Council proposes to make to the Minister in relation to the making of regulations:

   5. (i)

      prescribing amounts for the purposes of section 6A, 6B or 6D of the Live-stock Slaughter Levy Act 1964; or

   6. (ii)

      prescribing amounts for the purposes of section 8, 9 or 11 of the Livestock Export Charge Act 1977; or

   7. (iii)

      prescribing amounts for the purposes of section 6 of the Beef Production Levy Act 1990; or

   8. (iv)

      prescribing amounts for the purposes of section 6 or 6A (other than paragraphs (1)(d), (2)(d) and (3)(d)) of the Cattle Export Charges Act 1990; or

   9. (v)

      prescribing amounts for the purposes of section 5 (other than paragraphs (1)(d) and (2)(d)) of the Cattle Transaction Levy Act 1995;

   10. (e)

       a motion of no confidence in the Council or in the Chairperson of the Council;

   11. (f)

       a motion of no confidence in AMLC or in the Chairperson of AMLC;

   12. (g)

       a motion of no confidence in MRC or in the Chairperson of MRC.

24Motion of no confidence in the Council or in the Chairperson of the Council

If a motion of no confidence in the Council or in the Chairperson of the Council is moved at an annual general meeting, the person presiding at the meeting:

1. (a)

   must select a person to preside in his or her place; and

2. (b)

   must then cease to preside:

3. (i)

   until the motion has been voted on; or

4. (ii)

   if the motion of no confidence is passed—for the remainder of the meeting.

25Purpose of special general meetings

1. (1)

   The purpose of a special general meeting is to provide an opportunity for registered persons to consider any motion of which the prescribed notice has been given.

2. (2)

   The only motions that may be considered under subsection (1) are a motion, moved by the Chairperson of the Council or by a person appointed by the Chairperson of the Council for the purpose, to endorse a recommendation that the Council proposes to make to the Minister in relation to the making of regulations:

   1. (a)

      prescribing amounts for the purposes of section 6A, 6B or 6D of the Live-stock Slaughter Levy Act 1964; or

   2. (b)

      prescribing amounts for the purposes of section 8, 9 or 11 of the Live-stock Export Charge Act 1977; or

   3. (c)

      prescribing amounts for the purposes of section 6 of the Beef Production Levy Act 1990; or

   4. (d)

      prescribing amounts for the purposes of section 6 or 6A (other than paragraphs (1)(d), (2)(d) and (3)(d)) of the Cattle Export Charges Act 1990; or

   5. (e)

      prescribing amounts for the purposes of section 5 (other than paragraphs (1)(d) and (2)(d)) of the Cattle Transaction Levy Act 1995.

26Conduct of general meetings

1. (1)

   Subject to this section, the only people entitled to attend, and participate in, a general meeting are the following:

   1. (a)

      the members of the Council;

   2. (b)

      the members of AMLC;

   3. (c)

      the members of MRC;

   4. (d)

      registered persons or their proxies;

   5. (e)

      people invited by the Chairperson to attend the meeting.

2. (2)

   Subject to section 24, the Chairperson or, if the Chairperson is absent, the Acting Chairperson, is to preside at a general meeting at which he or she is present.

3. (3)

   If neither the Chairperson nor the Acting Chairperson is present at a general meeting, the members of the Council who are present are to appoint a person to preside at the meeting.

4. (4)

   Only registered persons or their proxies are entitled to vote on a question arising at a general meeting.

5. (5)

   The Council must keep a record of the proceedings of a general meeting.

27Regulations concerning certain procedural matters

1. (1)

   The regulations may prescribe the procedure to be followed at, and in any matters related to, a conference of the industry or a general meeting.

2. (2)

   Without limiting subsection (1), the matters on which regulations may make provision include the following:

   1. (a)

      notification to registered persons of:

   2. (i)

      the days, times and place of a conference; and

   3. (ii)

      the day, time and place of a general meeting; and

   4. (iii)

      the terms of motions to be moved at a general meeting; and

   5. (iv)

      other matters relevant to the conduct of a conference or general meeting;

   6. (b)

      documents relating to a conference or general meeting that are to be sent to registered persons or other people who are entitled to attend the conference or meeting;

   7. (c)

      notification to the Council of the terms of any motion proposed to be moved by a registered person at a general meeting;

   8. (d)

      the appointment of people to act as proxies of registered persons at a general meeting and the participation of the proxies in the meeting;

   9. (e)

      the method or methods by which voting at a general meeting is to be conducted;

   10. (f)

       the means by which the number of votes that a registered person or the person’s proxy may cast at a general meeting is to be determined;

   11. (g)

       the nature of the majority of votes required for the resolution of a question arising at a general meeting.

28Notification to Minister of motions at general meetings

The Council must notify the Minister in writing of any motion passed or defeated at a general meeting and of the number of votes cast for and against the motion.

Division 4—Constitution and meetings of the Council

29Composition of the Council

1. (1)

   The Council is to consist of the following members:

   1. (a)

      a Chairperson;

   2. (b)

      4 members appointed on the recommendation of the Cattle Council of Australia;

   3. (c)

      2 members appointed on the recommendation of the Sheepmeat Council of Australia;

   4. (d)

      3 members appointed on the recommendation of the Australian Meat Council;

   5. (e)

      3 members appointed on the recommendation of the Meat and Allied Trades Federation of Australia;

   6. (f)

      one member appointed on the recommendation of the Australian Council of Trade Unions;

   7. (g)

      one member appointed on the recommendation of the Australian Livestock Exporters Association;

   8. (h)

      one member appointed on the recommendation of the Australian Lot Feeders Association;

   9. (i)

      one member appointed on the recommendation of the Australian Supermarket Institute;

   10. (j)

       one member to represent the Commonwealth Government;

   11. (k)

       subject to subsection 226(2), such number of other members (if any) as is prescribed by the regulations.

2. (2)

   The members are to be appointed by the Minister in writing.

3. (3)

   Before appointing the Chairperson, the Minister must consult the peak industry bodies.

4. (4)

   A person who is employed by a peak industry body that has power under subsection (1) to recommend appointments to the Council is not eligible for appointment as a member.

5. (5)

   If the Minister is not satisfied as to the suitability of a person recommended for appointment to the Council by a particular body under subsection (1), the Minister may request the body to make a further recommendation.

6. (6)

   The members are to be part-time members.

7. (7)

   The appointment of a member is not invalid because of a defect or irregularity in or in connection with the recommendation of the member for appointment or in connection with the member’s appointment.

8. (8)

   A member holds office, in respect of matters not provided for by this Part, on any terms and conditions that are determined in writing by the Minister.

9. (9)

   The exercise of a power or the performance of a function by the Council is not invalid because of a vacancy or vacancies in its membership.

30Term of office

1. (1)

   A non-government member holds office, subject to this Part, for the period, not exceeding 3 years, that is stated in the document of appointment, but is eligible for re-appointment.

2. (2)

   A person may not hold office, or continue to hold office, as a non‑government member if he or she has been a member for consecutive periods that together are equal to or more than 6 years.

3. (3)

   The member representing the Commonwealth Government holds office, subject to this Part, until the Minister, by written notice given to the member, ends the member’s appointment.

31Acting Chairperson

1. (1)

   The Minister may appoint a person to act as Chairperson:

   1. (a)

      during a vacancy in the office of Chairperson, whether or not an appointment has previously been made to the office; or

   2. (b)

      during any period, or during all periods, when the Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.

2. (2)

   A person who is a member is not eligible to be appointed to act as Chairperson.

3. (3)

   The validity of anything done by, or in relation to, a person purporting to act under subsection (1) is not invalid on the ground:

   1. (a)

      that the occasion for the appointment had not arisen; or

   2. (b)

      that there is a defect or irregularity in or in connection with the appointment; or

   3. (c)

      that the appointment had ceased to have effect; or

   4. (d)

      that the occasion for the person to act had not arisen or had ceased.

32Situations that do not amount to interests requiring disclosure

For the purposes of section 21 of the Commonwealth Authorities and Companies Act 1997, a member is not taken to have a material personal interest in a matter being considered or about to be considered by the Council merely because the member is a producer of live‑stock, an exporter of live‑stock, the operator of meatworks or an exporter of meat.

33Leave of absence

1. (1)

   The Minister may grant leave of absence to the Chairperson on any terms and conditions that the Minister determines.

2. (2)

   The Chairperson may grant leave of absence to any other member on any terms and conditions that the Chairperson determines.

34Resignation

A member may resign his or her appointment by giving the Minister a signed notice of resignation, but is eligible for re‑appointment.

35Ending of appointment

1. (1)

   The Minister may end the appointment of a non-government member for misbehaviour or for physical or mental incapacity.

2. (2)

   The Minister may at any time end the appointment of the member representing the Commonwealth Government.

3. (3)

   If a member:

   1. (a)

      becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

   2. (b)

      is absent, except on leave of absence granted under section 33 from 3 consecutive meetings; or

   3. (c)

      fails, without reasonable excuse, to comply with an obligation imposed on him or her by section 21 of the Commonwealth Authorities and Companies Act 1997 s;

the Minister must end the member’s appointment.

1. (4)

   If a body on whose recommendation a person was appointed as a member requests the Minister to end the appointment of the member, the Minister must end the appointment accordingly, but the person is eligible for re-appointment.

36Meetings

1. (1)

   Subject to subsection (2), meetings are to be held at the times and places that the Council determines.

2. (2)

   The Chairperson may, and at the request of 6 or more members must, convene a meeting.

3. (3)

   At a meeting, at least one-half of the number of members form a quorum.

4. (4)

   The Chairperson is to preside at all meetings at which he or she is present.

5. (5)

   If the Chairperson is absent from a meeting, the members present must appoint one of them to preside at the meeting.

6. (6)

   A question arising at a meeting is to be determined by a majority of the votes of the members present and voting.

7. (7)

   A member presiding at a meeting has a deliberative vote and, if the votes in favour of, and against, a motion are equal, also has a casting vote.

8. (8)

   The Council must keep a record of the proceedings at a meeting.

9. (9)

   The Chairpersons of AMLC and MRC may attend a meeting if invited to do so by the Chairperson of the Council.

10. (10)

    Subject to this section, the Council may regulate proceedings at its meetings as it considers appropriate.

    Note: Under section 33B of the Acts Interpretation Act, the Council may permit its members to participate in a meeting by means of telephone, closed-circuit television or any other means of communication.

37Resolutions without meetings

If the Council so determines, a resolution is taken to have been passed at a meeting if:

1. (a)

   without meeting, a majority of the number of members show their agreement with the resolution in accordance with a method determined by the Council; and

2. (b)

   that majority would, if present at a meeting of the Council and entitled to vote on the resolution at that meeting, have formed a quorum under section 36.

38Motions of no confidence

1. (1)

   If a motion of no confidence in the Chairperson is passed at an annual general meeting, the Minister must:

   1. (a)

      as soon as possible after the end of the meeting, end the Chairperson’s appointment by written notice given to the Chairperson; and

   2. (b)

      within 2 months after the date of the meeting, appoint, under section 29, another person to be Chairperson.

2. (2)

   If a motion of no confidence in the Council is passed at an annual general meeting, the following provisions of this section have effect.

3. (3)

   The Council, as constituted at the time of the meeting, may not perform any of its functions or exercise any of its powers.

4. (4)

   The Minister must, as soon as practicable, end the appointment of each of the members.

5. (5)

   The Minister must, within a period of 2 months, by writing, appoint a person to be the Chairperson and any number of other persons that he or she thinks fit to be members.

6. (6)

   The Chairperson, and other members, appointed under subsection (5) are to be appointed as part-time members and hold office:

   1. (a)

      until their appointments are ended by the Minister; and

   2. (b)

      on terms and conditions determined by the Minister.

7. (7)

   The Minister may at any time end the appointment of the Chairperson, or another member, appointed under subsection (5).

8. (8)

   The Chairperson appointed under subsection (5) may convene meetings.

9. (9)

   Subsections 36(3) to (10) apply to a meeting of the Council as constituted under this section.

10. (10)

    The Council as constituted under this section may perform all the functions and exercise all the powers conferred on the Council until the Council is reconstituted under section 29.

11. (11)

    If a motion of no confidence in the Council is passed at an annual general meeting, any delegation from the Council to a member that is in force on the day on which the appointment of each of the members was ended under this section is taken to have been revoked on that day.

Division 5—Staff

39Chief Executive Officer

1. (1)

   There is to be a Chief Executive Officer of the Council.

2. (2)

   The Chief Executive Officer is to be appointed by the Council.

3. (3)

   The Council:

   1. (a)

      may determine, subject to the Minister’s approval, the terms and conditions of service of the Chief Executive Officer in respect of matters not provided for by this Part, including terms and conditions relating to remuneration and allowances; and

   2. (b)

      may at any time end the appointment of the Chief Executive Officer.

4. (4)

   If the Chief Executive Officer:

   1. (a)

      engages in paid employment outside the duties of his or her office without the approval of the Council; or

   2. (b)

      is absent from duty, except on leave of absence granted by the Council, for 14 consecutive days or for 28 days in any period of 12 months; or

   3. (c)

      becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors, or makes an assignment of his or her remuneration for their benefit;

the Council must end his or her appointment.

1. (5)

   The office of Chief Executive Officer is not a public office for the purposes of the Remuneration Tribunal Act 1973.

40Acting Chief Executive Officer

1. (1)

   The Council may, by resolution, appoint a person to act as Chief Executive Officer:

   1. (a)

      during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or

   2. (b)

      during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of Chief Executive Officer.

2. (2)

   Anything done by or in relation to a person purporting to act under subsection (1) is not ineffective on the ground that:

   1. (a)

      the occasion for the person’s appointment had not arisen; or

   2. (b)

      there is a defect or irregularity in or in connection with the person’s appointment; or

   3. (c)

      the person’s appointment had ceased to have effect; or

   4. (d)

      the occasion for the person to act had not arisen or had ceased.

41Management of affairs of the Council

1. (1)

   The affairs of the Council are, to the extent determined by the Council, to be managed by the Chief Executive Officer.

2. (2)

   In managing the affairs of the Council, the Chief Executive Officer must act in accordance with the policy and directions of the Council.

42Employees

1. (1)

   The Council may employ any people that it thinks necessary for the purposes of this Part.

2. (2)

   Subject to subsection (3), the terms and conditions of employment of people so employed are those determined by the Council.

3. (3)

   Except with the Minister’s approval, a person may not be employed by the Council on terms and conditions more favourable than those applying to the Chief Executive Officer.

Division 6—Finance

43Payments to the Council

1. (1)

   There is to be paid to the Council out of the Consolidated Revenue Fund, which is appropriated accordingly, amounts equal to:

   1. (a)

      the amounts of levy received by the Commonwealth because of paragraphs 6A(a), 6B(a) and 6D(a) of the Live-stock Slaughter Levy Act 1964; and

   2. (b)

      the amounts of charge received by the Commonwealth because of paragraphs 8(a), 9(a) and 11(a) of the Live-stock Export Charge Act 1977; and

   3. (c)

      the amounts of levy received by the Commonwealth because of paragraph 6(1)(a) of the Beef Production Levy Act 1990; and

   4. (d)

      the amounts of charge received by the Commonwealth because of paragraphs 6(1A)(a) and 6A(1)(a), (2)(a) and (3)(a) of the Cattle Export Charges Act 1990; and

   5. (e)

      the amounts of levy received by the Commonwealth because of paragraphs 5(1)(a) and (2)(a) of the Cattle Transaction Levy Act 1995;

in respect of transactions or dealings that take place after the commencement of this Act.

1. (2)

   A reference in paragraph (1)(a) to amounts of levy received by the Commonwealth includes a reference to amounts received from the proprietor of an abattoir under subsection 7(2) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of levy referred to in that paragraph.

2. (3)

   A reference in paragraph (1)(b) to amounts of charge received by the Commonwealth includes a reference to amounts payable by way of penalty under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to amounts of charge referred to in that paragraph.

3. (4)

   A reference in paragraph (1)(c) to amounts of levy received by the Commonwealth includes a reference to amounts received from a processor under subsection 7(1) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of levy referred to in that paragraph.

4. (5)

   A reference in paragraph (1)(d) to amounts of charge received by the Commonwealth includes a reference to amounts payable by way of penalty under section 15 of the Primary Industries Levies and Charges Collection Act 1991 in relation to amounts of charge referred to in that paragraph.

5. (6)

   A reference in paragraph (1)(e) to amounts of levy received by the Commonwealth includes a reference to amounts received from a selling agent, a processor or a feedlot operator under subsection 7(1) or (2) of the Primary Industries Levies and Charges Collection Act 1991 and amounts payable by way of penalty under section 15 of that Act in relation to amounts of levy referred to in that paragraph.

44Application of money of the Council

1. (1)

   The money of the Council may be applied only:

   1. (a)

      in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Council in or in connection with the performance of its functions or the exercise of its powers; and

   2. (b)

      in payment of all costs and expenses of a selection committee, including remuneration and allowances payable to the Chairperson and the other members of such a committee and remuneration and allowances payable to people engaged by such a committee under section 219; and

   3. (c)

      in payment to the Commonwealth of amounts equal to the expenses incurred by the Commonwealth in relation to:

   4. (i)

      the collection or recovery of amounts referred to in paragraph 43(1)(a), (b), (c), (d) or (e); or

   5. (ii)

      the administration of section 43; and

   6. (d)

      in payment to AMLC of amounts that the Council is required to pay under section 45; and

   7. (e)

      in payment for the carrying out of evaluations of programs developed by AMLC and MRC; and

   8. (f)

      in payment of any remuneration or allowances payable to members or members of committees; and

2. (g)

   in making any other payments that the Council is authorised or required to make under this Part.

3. (2)

   Subsection (1) does not prevent investment of surplus money of the Council under section 18 of the Commonwealth Authorities and Companies Act 1997.

45The Council to pay to AMLC a share of expenses of keeping registers

If AMLC has given the Council a notice under section 93 of an amount of expenditure incurred by AMLC for the purpose of keeping the registers under section 88, the Council must pay to AMLC one-third of the amount set out in the notice.

46Commonwealth to be reimbursed for refunds of levy or charge

If the Commonwealth pays a refund in respect of an amount of levy or charge referred to in subsection 43(1), the Council must pay to the Commonwealth an amount equal to the refund.

Division 7—Miscellaneous

48Delegation by the Council

1. (1)

   The Council may, by writing under its common seal, delegate all or any of its powers under this Act to:

   1. (a)

      a member; or

   2. (b)

      the Chief Executive Officer; or

   3. (c)

      an employee; or

   4. (d)

      a committee.

2. (2)

   A power delegated to a committee under paragraph (1)(d) must be exercised by a majority of the members of the committee, acting jointly.

3. (3)

   In the exercise of a power delegated by the Council, the delegate is subject to the Council’s directions.

   Note: See sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 on delegations.

49Delegation by Chief Executive Officer

1. (1)

   The Chief Executive Officer may, by signed writing, delegate to an employee all or any of his or her powers under this Part.

2. (2)

   In the exercise of a power delegated by the Chief Executive Officer, the delegate is subject to the Chief Executive Officer’s directions.

   Note: See sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 on delegations.

50Extra matters to be included in annual report

The annual report on the Council under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:

1. (a)

   the results of any evaluations conducted by or on behalf of the Council of the carrying out of a program developed by AMLC or MRC; and

2. (b)

   any other prescribed matters.

Part 3—Australian Meat and Live-Stock Corporation

Division 1—Preliminary

51Objects of Part

1. (1)

   The objects of this Part are:

   1. (a)

      to promote and control, and to protect and further the interests of the industry in relation to, the export of meat and live-stock from Australia; and

   2. (b)

      to promote and control, and to protect and further the interests of the industry in relation to, the sale and distribution, after export, of Australian meat and live-stock; and

   3. (c)

      to promote, and to protect and further the interests of the industry in relation to, trade and commerce in meat and live‑stock among the States, between States and Territories and within the Territories; and

   4. (d)

      to improve the production of meat and live-stock, and encourage the consumption of meat, in the Territories;

and this Part is to be interpreted and administered accordingly.

1. (2)

   AMLC must perform its functions or exercise its powers only for the purpose of achieving an object stated in subsection (1).

52Definitions

In this Part, unless the contrary intention appears:

Acting Managing Director means a person appointed to act as Managing Director under section 120.

appointed non-government member means a member referred to in paragraph 109(1)(a) or (d).

assessment action, in relation to AMLC’s equal employment opportunity program, means action by AMLC to do all of the following:

1. (a)

   to collect and record statistics and related information concerning employment by AMLC, including the number and types of jobs undertaken by, or job classifications of:

2. (i)

   employees of either sex; and

3. (ii)

   people in designated groups;

4. (b)

   to monitor and evaluate the carrying out of the program;

5. (c)

   to assess:

6. (i)

   the achievement of the objectives of the program; and

7. (ii)

   the effectiveness of the program;

by comparing statistics and information referred to in paragraph (a) with the indicators set under the policy action of the program.

authorised officer means a person appointed under section 150 to be an authorised officer.

cattle producer means a person engaged in the raising or fattening of cattle.

Chairperson means the Chairperson of AMLC.

committee means a committee established by AMLC under section 225.

consultation action, in relation to AMLC’s equal employment opportunity program, means action by AMLC to consult with:

1. (a)

   its employees, particularly employees who are women or are in designated groups; and

2. (b)

   each trade union having members affected by the program;

in relation to the development and carrying out of the program.

corporate plan means a corporate plan prepared by AMLC and approved by the Minister under Division 3.

covering includes any stopper, glass, bottle, vessel, box, container, capsule, case, frame or wrapper.

designated group has the same meaning as in the Public Service Act 1922.

discrimination means:

1. (a)

   discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; or

2. (b)

   discrimination by which a person with a physical or mental disability is, because of the disability, treated less favourably than a person without the disability;

but, in relation to employment matters, does not include discrimination that:

1. (c)

   is essential for the effective performance of the duties to which the employment matters relate; and

2. (d)

   is not unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984..

employee means, except in Division 5:

1. (a)

   an officer appointed, or employee engaged, under subsection 123(1); or

2. (b)

   an individual engaged by AMLC under a contract for services.

employee information action, in relation to AMLC’s equal employment opportunity program, means action by AMLC to tell its employees about the content of the program and the results of assessment action taken by it in relation to the program.

employment matters include:

1. (a)

   recruitment procedure, and selection criteria, for the appointment or engagement of employees by AMLC; and

2. (b)

   promotion and transfer of employees by AMLC; and

3. (c)

   training and staff development for AMLC’s employees; and

4. (d)

   conditions of service of AMLC’s employees.

enter, in relation to a vessel or aircraft, includes go on board.

equal employment opportunity program, in relation to AMLC, means a program of AMLC that:

1. (a)

   is designed to ensure:

2. (i)

   that appropriate action is taken to eliminate any discrimination by AMLC against women and people in designated groups in relation to employment matters; and

3. (ii)

   that appropriate measures are taken by AMLC to promote equal opportunity for women and people in designated groups in relation to employment matters; and

4. (b)

   includes provision for assessment action, consultation action, employee information action, and policy action, by AMLC in relation to the program.

evidential material means a thing relevant to an offence, including such a thing in electronic form.

examine includes count, measure, weigh, grade or gauge.

export licence means a meat export licence or live-stock export licence.

exporter means a person engaged in the business of exporting meat or live-stock, or both meat and live-stock.

live-stock export licence means a licence granted under section 61 to export live-stock from Australia, and includes such a licence that has been renewed under section 73.

live-stock producer means a person engaged in the raising or fattening of live-stock.

Managing Director means the Managing Director of AMLC holding office under section 119.

meat has the meaning given by section 3 but includes meat by‑products.

meat export licence means a licence granted under section 61 to export meat from Australia, and includes such a licence that has been renewed under section 73.

meeting means a meeting of AMLC.

member means a member of AMLC.

occupier, in relation to a vehicle, vessel or aircraft, means the person in charge of the vehicle, vessel or aircraft.

offence against this Part includes:

1. (a)

   an offence against the regulations; and

2. (b)

   an offence created by section 6, 7 or 7A or subsection 86(1) of the Crimes Act 1914 that relates to an offence against this Part or the regulations.

operational plan means an operational plan prepared by AMLC under Division 3.

policy action, in relation to AMLC’s equal employment opportunity program, means action by AMLC to do all of the following:

1. (a)

   to confer responsibility for the development and carrying out of the program (including a continuous review of the program) on a person having sufficient authority and status within the management of AMLC to enable the person properly to develop and carry out the program;

2. (b)

   to examine AMLC’s policies and practices in relation to employment matters in order to identify:

3. (i)

   any policies or practices that constitute discrimination by AMLC against women or people in designated groups; and

4. (ii)

   any patterns (whether determined statistically or otherwise) of lack of equality of opportunity for women or people in designated groups;

5. (c)

   to set:

6. (i)

   the objectives to be achieved by the program; and

7. (ii)

   the quantitative and other indicators against which the effectiveness of the program is to be assessed.

premises includes any place (whether enclosed or built on or not) and, in particular, includes a vehicle, vessel or aircraft.

register means a register kept by AMLC under subsection 88(1).

registered premises means premises that are registered, or are part of an establishment that is registered, under regulations made under the Export Control Act 1982.

the regulations means the regulations made under this Act for the purposes of this Part.

trade union means:

1. (a)

   an organisation of employees registered under the Workplace Relations Act 1996; or

2. (b)

   a trade union within the meaning of a State Act or a law of a Territory.

woman means a member of the female sex irrespective of age.

Division 2—Continuation, functions and powers

Subdivision A—General

53AMLC to continue in existence

1. (1)

   Despite the repeal of the Australian Meat and Live-stock Corporation Act 1977, the body known as the Australian Meat and Live-stock Corporation (AMLC) that was established by section 6 of that Act continues in existence subject to and in accordance with this Part so that its identity is not affected.

2. (2)

   AMLC:

   1. (a)

      continues to be a body corporate, with perpetual succession; and

   2. (b)

      is to continue to have a common seal; and

   3. (c)

      may acquire, hold and dispose of real and personal property; and

   4. (d)

      may sue and be sued in its corporate name.

   Note: The Commonwealth Authorities and Companies Act 1997 applies to AMLC. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

3. (3)

   All courts, judges and people acting judicially must take judicial notice of the imprint of the common seal of AMLC appearing on a document and must presume that the document was duly sealed.

54Functions of AMLC

The functions of AMLC are:

1. (a)

   to improve the production of meat and live-stock in Australia; and

2. (b)

   to encourage and promote the consumption and sale of Australian meat, and the sale of Australian live-stock, both in Australia and overseas; and

3. (c)

   to encourage, help, promote and control the export of meat and live-stock from Australia; and

4. (d)

   to make recommendations to the Minister with respect to the making of regulations for the purposes of Subdivision B and subsections 155(2) and 157(4); and

5. (e)

   any other functions, in connection with meat and live-stock, that are conferred on AMLC by this Part.

55Powers of AMLC generally

1. (1)

   Subject to subsection (5), AMLC has power to do anything that is necessary or convenient to be done for, or in connection with, the performance of its functions.

2. (2)

   Without limiting subsection (1), AMLC may charge any fees that are fair and proper, and if this Part so provides, as are fixed by the regulations, with respect to the provision of services or the performance of any other work by, or on behalf of, AMLC.

3. (3)

   AMLC’s powers in relation to the functions referred to in paragraphs 54(b) and (c) extend to the doing of anything it thinks fit in order to improve:

   1. (a)

      the quality of Australian meat and live-stock; and

   2. (b)

      the methods of production, storage, transport and marketing of Australian meat; and

   3. (c)

      the methods of production, handling, transport and marketing of Australian live-stock.

4. (4)

   AMLC may, in cooperation with any other person and as part of a prescribed scheme for the marketing of meat or live-stock, do anything in relation to the marketing of any other products or goods, or any services, that AMLC thinks appropriate.

5. (5)

   AMLC does not have power to:

   1. (a)

      buy meat or live-stock; or

   2. (b)

      export, or sell for export, meat or live-stock; or

   3. (c)

      enter into transactions in relation to:

   4. (i)

      the purchase of meat or live-stock; or

   5. (ii)

      the export, or sale for export, of meat or live-stock;

   including transactions by way of contracts for hedging purposes referred to in section 129.

56Consultation

The powers of AMLC include the power to consult with persons and bodies representative of different sectors of the industry and to meet travel expenses reasonably incurred by a person or body (other than an eligible industry body) in connection with consultations with AMLC.

57Other powers

1. (1)

   Without limiting section 55, the powers of AMLC include the following powers:

   1. (a)

      to form, or participate with other persons in the formation of, incorporated companies;

   2. (b)

      to acquire, hold or dispose of shares or stock in the capital of, or debentures or other securities issued by, incorporated companies;

   3. (c)

      to enter into partnerships, or arrangements for the sharing of profits, with other persons;

   4. (d)

      to appoint agents, either in Australia or elsewhere;

   5. (e)

      to authorise the use of any patent vested in it;

   6. (f)

      to enter into arrangements or agreements with persons, authorities or organisations in Australia or elsewhere, or, with the consent of the Minister, with a State or Territory.

2. (2)

   Without limiting section 55, AMLC may operate, either on its own behalf or together with another person, authority or organisation, an undertaking providing services or facilities for use in connection with the export of Australian meat or live-stock, and may, for that purpose, do anything that is necessary or convenient to be done for the purpose of acquiring, constructing, establishing or operating such an undertaking.

58AMLC to comply with broad policies formulated by the Council

In the performance of its functions or the exercise of its powers under this Part, AMLC must comply with any broad policies formulated by the Council.

Subdivision B—Control of export of meat and live-stock

59Definition

In this Subdivision, unless the contrary intention appears:

meat does not include meat of a kind declared by the regulations to be, for the purposes of this Part, meat unfit for human consumption.

60Meat or live-stock export business

1. (1)

   For the purposes of this Subdivision, a person is taken to be a person who participates, or to be a person who would participate, in the management or control of the meat or live-stock export business, or proposed meat or live-stock export business, of another person if:

   1. (a)

      the first-mentioned person has or would have, as the case may be, authority to direct the operations, or an important or substantial part of the operations, of the business or proposed business; or

   2. (b)

      the first-mentioned person has or would have, as the case may be, authority to direct a person who has or would have, as the case may be, authority of the kind referred to in paragraph (a) in the exercise of that authority or proposed authority.

2. (2)

   A reference in this Subdivision to the meat export business, or proposed meat export business, of a person includes a reference to any operations:

   1. (a)

      that are carried out or proposed to be carried out, as the case may be, by the person for or in connection with the slaughtering of animals, the dressing of animal carcasses or the treatment, packing, carriage, handling or storage of meat (including meat that is of a kind declared by the regulations to be meat unfit for human consumption); and

   2. (b)

      that:

   3. (i)

      are or are proposed to be, as the case may be, carried out as part of the business or proposed business; or

   4. (ii)

      are or are proposed to be, as the case may be, carried out, wholly or partly, in connection with the business or proposed business.

3. (3)

   If:

   1. (a)

      a corporation (the relevant corporation) is the holder of, or an applicant for, a meat export licence; and

   2. (b)

      a corporation that is related to the relevant corporation carries out, or proposes to carry out, operations (the relevant operations) for or in connection with the slaughtering of animals, the dressing of animal carcasses or the treatment, packing, carriage, handling or storage of meat (including meat that is of a kind declared by the regulations to be meat unfit for human consumption); and

   3. (c)

      the relevant operations are or are proposed to be, as the case may be, carried out, wholly or partly, in connection with the meat export business, or proposed meat export business, of the relevant corporation;

the relevant operations are taken, for the purposes of this Subdivision, to be operations carried out or proposed to be carried out, as the case may be, by the relevant corporation as part of its meat export business or proposed meat export business, as the case may be.

1. (4)

   For the purposes of subsection (3), the question whether corporations are related to each other is to be determined in the same manner as that question would be determined under the Corporations Law.

2. (5)

   In subsections (3) and (4):

corporation means a corporation within the meaning of the Corporations Law.

61Grant of export licence

1. (1)

   Subject to this Subdivision, AMLC may grant to a person a licence, in writing, to export meat from Australia or to export live‑stock from Australia.

2. (2)

   Subsection (1) does not prevent:

   1. (a)

      the granting to a person of both a licence to export meat from Australia and a licence to export live-stock from Australia; or

   2. (b)

      the giving of directions under section 68 for the purpose of restricting the kind of meat or live-stock export business, as the case may be, that the holder of an export licence is to be permitted to carry on under the conditions to which the licence is subject.

62Application for licence

1. (1)

   An application for an export licence must be made in accordance with the regulations.

2. (2)

   An applicant for an export licence must, at the time of lodgement of the application under this section or at any later time that is permitted under the regulations, pay the prescribed fee in respect of the application.

3. (3)

   If a person has given information or a document to AMLC in connection with an application for an export licence and, before the application is granted or refused:

   1. (a)

      a change occurs so that, in relation to a matter, the information ceases to be, or the particulars stated in the document cease to be, correct; or

   2. (b)

      the person becomes aware that, in relation to a matter, the information was not, or the particulars stated in the document were not, correct;

the person must, within 7 days after the occurrence of the change or the person’s becoming so aware, as the case may be, give to AMLC, in writing, correct particulars of the matter.

1. (4)

   A person who intentionally or recklessly fails, without reasonable excuse, to comply with subsection (3) is guilty of an offence punishable, on conviction, by imprisonment for not more than 12 months.

   Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

63Requirements for grant of licence

1. (1)

   AMLC must not grant an export licence unless it is satisfied that:

   1. (a)

      if the applicant is an individual, the applicant is:

   2. (i)

      a person of integrity; and

   3. (ii)

      competent to hold such a licence; and

   4. (iii)

      a person of sound financial standing; and

   5. (b)

      if the applicant is a body corporate, the applicant is:

   6. (i)

      a body corporate of integrity; and

   7. (ii)

      competent to hold such a licence; and

   8. (iii)

      a body corporate of sound financial standing; and

   9. (c)

      each person who participates or would participate, as the case may be, in the management or control of the applicant’s meat or live-stock export business or proposed meat or live-stock export business, as the case may be, is a person of integrity; and

   10. (d)

       the applicant is, and is likely to continue to be, able to comply with the conditions to which the licence, if granted, would be subject; and

   11. (e)

       the granting of the licence to the applicant would not, for any other reason, be contrary to the interests of the industry.

2. (2)

   The regulations may prescribe the matters to which AMLC is to have regard for the purpose of satisfying itself as to the matters referred to in paragraphs (1)(a), (b), (c), (d) and (e).

64Notice of refusal to grant licence

If AMLC refuses to grant an application for an export licence, it must give written notice to the applicant telling the applicant of the refusal.

65Review of refusal to grant licence

1. (1)

   Applications may be made to the Administrative Appeals Tribunal for review of decisions of AMLC refusing applications for export licences.

2. (2)

   If an application for an export licence has not been determined within 2 months after the making of the application, AMLC is taken, for the purposes of subsection (1), to have refused the application.

66Licence subject to prescribed conditions

1. (1)

   An export licence is subject to any conditions that are prescribed by the regulations.

2. (2)

   The conditions that may be so prescribed are not limited by the conditions to which an export licence is subject under sections 67 and 68.

67Licence subject to condition that holder inform AMLC of certain events

An export licence is subject to a condition that, if a prescribed event or circumstance happens, the holder of the licence will, within the prescribed time after the happening of the event or circumstance, give AMLC written particulars of the event or circumstance.

68Licence also subject to compliance with orders and directions under this section

1. (1)

   AMLC:

   1. (a)

      may make written orders, not inconsistent with the regulations, to be complied with by the holders of export licences; and

   2. (b)

      may give written directions, not inconsistent with the regulations, to be complied with by the holder of an export licence.

2. (2)

   Without limiting subsection (1), orders made and directions given under this section may make provision with respect to any matter relating to, or incidental to, the following:

   1. (a)

      the quality, standard and grading of meat and live-stock;

   2. (b)

      the purchase of meat and live-stock;

   3. (c)

      the terms and conditions of the sale of meat and live-stock, including terms and conditions relating to price;

   4. (d)

      the carriage, handling and storage of meat and live-stock;

   5. (e)

      the sale and distribution of meat and live-stock after export;

   6. (f)

      the keeping of records;

   7. (g)

      the measures to be taken to ensure compliance with orders made under this section or section 69 or directions given under this section.

3. (3)

   Without limiting subsection (1), orders made and directions given under this section:

   1. (a)

      may prohibit (either absolutely or unless particular conditions are complied with) the export, or sale for export, of meat or live-stock by reference to any one or more of the following matters:

   2. (i)

      quantity;

   3. (ii)

      quality, standard, grade or class;

   4. (iii)

      the countries or places to which the meat or live-stock, as the case may be, is not to be exported;

   5. (iv)

      the persons to whom, or the authorities or organisations to which, the meat or live-stock, as the case may be, is not to be exported or sold for export;

   6. (v)

      any other matter that AMLC thinks appropriate; and

   7. (b)

      may require the holder of an export licence to do any one or more of the following:

   8. (i)

      obtain the prior approval of AMLC for each export, or each export of a particular kind, to be made by the holder of the licence;

   9. (ii)

      make declarations to AMLC, including declarations with respect to meat or live-stock that have been exported, or are proposed to be exported, from Australia;

   10. (iii)

       give information, send returns or produce documents to AMLC, including information, returns or documents with respect to sales, or orders for the supply, of meat or live-stock.

4. (4)

   If a direction given under this section is inconsistent with an order made under this section or section 69, the direction prevails and the order, to the extent of the inconsistency, does not have any effect.

5. (5)

   An export licence is subject to the condition that the holder of the licence must comply with:

   1. (a)

      orders made under this section; and

1. (2)

   A selection committee is to consist of:

   1. (a)

      a Chairperson; and

   2. (b)

      3 other members.

2. (3)

   Subject to subsection (4), all the members are to be appointed by the Minister.

3. (4)

   The members other than the Chairperson are to be appointed on the nomination of the Council.

4. (5)

   If the Minister is not satisfied as to the suitability of a person or persons nominated for appointment to a selection committee by the Council, the Minister may request the Council to make a further nomination or further nominations.

5. (6)

   The members of a selection committee are to hold their appointments on the terms and conditions (other than terms and conditions relating to remuneration and allowances) that the Minister determines.

215Request for nominations

When the Minister constitutes a selection committee, the Minister must give the Chairperson a written notice:

1. (a)

   stating the number of appointments that are to be made; and

2. (b)

   requesting the committee to give the Minister, within the period stated in the notice, a list of the names and qualifications of people whom the committee considers suitable for appointment.

216Proceedings of a selection committee

1. (1)

   Subject to any written directions given to the committee by the Minister, a selection committee may take any action that it thinks appropriate to invite applications for nomination or otherwise to identify people suitable for nomination.

2. (2)

   In making a nomination or nominations, a selection committee must have regard to the requirements of subsections 109(2), (6) and (7) or subsections 188(2), (6) and (7), as the case requires.

3. (3)

   At a meeting of a selection committee, 3 members form a quorum.

4. (4)

   A selection committee may regulate its proceedings as it thinks appropriate.

5. (5)

   Without limiting subsection (4), the Chairperson of a selection committee may permit members of the committee to participate in a meeting, or all meetings, of the committee by:

   1. (a)

      telephone; or

   2. (b)

      closed-circuit television; or

   3. (c)

      any other means of communication.

6. (6)

   A member who participates in a meeting of a selection committee under a permission under subsection (5) is taken to be present at the meeting.

7. (7)

   A question arising at a meeting of a selection committee is to be determined by a majority of the votes of the members present and voting.

8. (8)

   The Chairperson of a selection committee has a deliberative vote and, if the votes in favour and against a motion are equal, also has a casting vote.

217Nominations by a selection committee

1. (1)

   A selection committee must, within the period stated in the notice under section 215, give the Minister a written list nominating people for appointment to AMLC or MRC, as the case requires.

2. (2)

   A selection committee must make at least one nomination in respect of each appointment to be made by the Minister.

3. (3)

   The notice under subsection (1) must include a statement containing, in respect of each person nominated:

   1. (a)

      if the nominations are for appointment to AMLC, particulars of the person’s qualifications and experience in the fields referred to in subsection 109(2); and

   2. (b)

      if the nominations are for appointment to MRC, particulars of the person’s qualifications and experience in the fields referred to in subsection 188(2); and

   3. (c)

      in either case, any other information relating to the person that is, in the committee’s opinion, likely to help the Minister to decide whether to appoint the person.

4. (4)

   The notice under subsection (1) must also include a statement stating how, in the selection committee’s opinion, the nominations will best ensure that:

   1. (a)

      if the nominations are for appointment to AMLC—the members of AMLC collectively possess qualifications and experience in all the fields referred to in subsection 109(2); or

   2. (b)

      if the nominations are for appointment to MRC—the members of MRC collectively possess qualifications and experience in all the fields referred to in subsection 188(2).

5. (5)

   If the Minister considers the information contained in a notice under subsection (1) to be inadequate, the Minister may, by written notice given to the Chairperson of the selection committee, require the committee to give the Minister, by a particular day, any further information relevant to the matters dealt with in the notice under subsection (1) that the Minister states in the notice.

6. (6)

   If the Minister is not satisfied as to the suitability of all or any of the people nominated for appointment, the Minister may, by written notice given to the Chairperson of the selection committee, reject the nomination of those people and may, in the notice, request the committee to make further nominations within the period stated in the notice.

7. (7)

   If the Chairperson of a selection committee receives a request under subsection (6), subsections (1) to (4) again apply but, in their application because of this subsection, have effect as if the reference in subsection (1) to the notice under section 215 were a reference to the notice under subsection (6) of this section.

218Abolition of selection committee

When:

1. (a)

   a selection committee has made nominations in accordance with a notice under section 215; and

2. (b)

   either:

3. (i)

   there are no outstanding matters in a notice given by the Minister under subsection 217(5) or (6) still to be dealt with by the committee; or

4. (ii)

   the Minister has given the Chairperson of the committee written notice that the Minister does not intend to give a notice under subsection 217(5) or (6);

the selection committee is abolished by this section.

219Selection committee may engage staff and consultants

1. (1)

   A selection committee may engage people to perform, from time to time, clerical and administrative services in connection with the performance of its functions.

2. (2)

   A selection committee may engage people having suitable qualifications and experience as consultants to the committee to help the committee in identifying people suitable for nomination to the Minister.

3. (3)

   The terms and conditions of engagement of people engaged by a selection committee under subsection (1) or (2) are those determined by the committee.

220Selection committee to notify costs and expenses

1. (1)

   If a selection committee incurs costs and expenses, it must notify the Council of the costs and expenses so incurred.

2. (2)

   In this section, a reference to costs and expenses incurred by a selection committee includes a reference to the remuneration and allowances payable to the Chairperson and other members of the committee and to people engaged by the committee under section 219.

Part 6—Miscellaneous

Do not delete: Division placeholder

221Ministerial directions

1. (1)

   Subject to subsection (2), the Minister may give written directions to a statutory meat and live-stock authority with respect to the performance of its functions and the exercise of its powers, and a statutory meat and live-stock authority must comply with any directions so given to it.

2. (2)

   The Minister may only give a direction to a statutory meat and live-stock authority if:

   1. (a)

      the Minister is satisfied that, because of the existence of exceptional circumstances, it is necessary to give the direction in order to ensure that the performance of the functions, or the exercise of the powers, of the authority does not conflict with major government policies; and

   2. (b)

      the Minister has given the authority a written notice stating that the Minister is considering giving the direction; and

   3. (c)

      the Minister has given the Chairperson of the authority an adequate opportunity to discuss with the Minister the need for the proposed direction.

3. (3)

   Subject to subsection (4), if the Minister gives a direction to a statutory meat and live-stock authority:

   1. (a)

      the Minister must cause a copy of the direction to be laid before each House of the Parliament within 6 sitting days of that House after the direction is given; and

   2. (b)

      the annual report on the authority under section 9 of the Commonwealth Authorities and Companies Act 1997 for the financial year in which the direction is given must include:

   3. (i)

      particulars of the direction; and

   4. (ii)

      particulars of the impact of the direction on the operations of the authority.

4. (4)

   Subsection (3) does not apply in relation to a particular direction given to a statutory meat and live-stock authority if:

   1. (a)

      the Minister, on the recommendation of the authority, makes a written determination that compliance with the subsection would, or would be likely to, prejudice the commercial activities of the authority; or

   2. (b)

      the Minister makes a written determination that compliance with the subsection would be, or would be likely to be, prejudicial to the national interest of Australia.

5. (5)

   This section does not apply to notices under section 28 of the Commonwealth Authorities and Companies Act 1997, and does not affect the Minister’s power to give notices under that section.

222Liability to taxation

1. (1)

   A statutory meat and live-stock authority is subject to taxation (other than income tax) under the laws of the Commonwealth.

2. (2)

   Subject to subsections (3) and (4), a statutory meat and live-stock authority is not subject to taxation under a law of a State or a Territory.

3. (3)

   The regulations may provide that subsection (2) does not apply to a particular statutory meat and live-stock authority in relation to taxation under a particular law of a State or a Territory.

4. (4)

   Stamp duty under a law of a State or a Territory is payable by a statutory meat and live-stock authority in respect of transactions entered into by, and documents executed by or on behalf of, the authority.

223Consultants

1. (1)

   A statutory meat and live-stock authority may engage as consultants people having suitable qualifications and experience.

2. (2)

   Consultants may be engaged on any terms and conditions that the authority determines.

224Remuneration and allowances

1. (1)

   Subject to subsections (2) and (4), this section applies to the following people:

   1. (a)

      members of a statutory meat and live-stock authority in their capacity as such members;

   2. (b)

      members of committees established by such an authority under section 225;

   3. (c)

      members of a selection committee.

2. (2)

   This section does not apply to:

   1. (a)

      a member of the Council referred to in paragraph 29(1)(j); or

   2. (b)

      the Managing Director of AMLC; or

   3. (c)

      the member of AMLC referred to in paragraph 109(1)(c); or

   4. (d)

      the Managing Director of MRC; or

   5. (e)

      the member of MRC referred to in paragraph 188(1)(c).

3. (3)

   Subject to subsection (4), a person to whom this section applies is to be paid the remuneration that is determined by the Remuneration Tribunal but, if no determination of that remuneration by the Tribunal is in operation, the person is to be paid the remuneration that is prescribed.

4. (4)

   Subsection (3) does not apply to a member of a selection committee other than the Chairperson of the committee.

5. (5)

   A person to whom this section applies is to be paid any allowances that are prescribed.

6. (6)

   This section has effect subject to the Remuneration Tribunal Act 1973.

225Committees

1. (1)

   A statutory meat and live-stock authority may establish committees to help it in the performance of its functions and the exercise of its powers.

2. (2)

   A committee may include, or consist wholly of, people who are not members of the authority.

3. (3)

   Subject to the regulations, the authority may give a committee established by it any directions that it thinks fit, including directions regarding:

   1. (a)

      the manner in which the committee is to carry out its functions; and

   2. (b)

      the procedure to be followed in relation to the convening and conduct of meetings of the committee; and

   3. (c)

      the number of members of the committee who are to form a quorum at a meeting of the committee.

226Regulations

1. (1)

   The Governor-General may make regulations prescribing all matters that:

   1. (a)

      are required or permitted by this Act to be prescribed; or

   2. (b)

      are necessary or convenient to be prescribed for carrying out or giving effect to this Act;

and, in particular, prescribing penalties of not more than 10 penalty units for offences against the regulations.

1. (2)

   The power of the Governor-General to make regulations prescribing a number of members for the purposes of paragraph 29(1)(k) is exercisable only on the advice of the Executive Council given after it has taken into consideration a recommendation made by the Meat Industry Council as to the number of members to be prescribed.

227Sunset clause[see Note 2]

This Act, unless sooner repealed, ceases to have effect at the end of 31 December 1998.

Notes to the Meat and Live-Stock Industry Act 1995

Note 1

The Meat and Live-stock Industry Act 1995 as shown in this consolidation comprises Act No. 67, 1995 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Meat and Live-stock Industry Act 1995	67, 1995	30 June 1995	1 July 1995 (a)
Workplace Relations and Other Legislation Amendment Act 1996	60, 1996	25 Nov 1996	Schedule 19 (item 28): Royal Assent (b)	—
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 2 (items 911–936): 1 Jan 1998 (see Gazette 1997, No. GN49) (c)	—
Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997	207, 1997	17 Dec 1997	Schedule 2 (item 20): 17 Dec 1997 (d) Schedule 4: 1. July 1998 (see Gazette 1998 No. GN22, (d) and Note 2)	—

(a) Section 227 of the Meat and Live-stock Industry Act 1995 provides as follows:

“This Act, unless sooner repealed, ceases to have effect at the end of 30 June 1998.”

(b) The Meat and Live-stock Industry Act 1995 was amended by Schedule 19 (item 28) only of the Workplace Relations and Other Legislation Amendment Act 1996, subsection 2(1) of which provides as follows:

1. “(1)

   Subject to this section, this Act commences on the day on which it receives the Royal Assent.”

(c) The Meat and Live-stock Industry Act 1995 was amended by Schedule 2 (items 911–936) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

1. “(2)

   Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997,”,

(d) The Meat and Live-stock Industry Act 1995 was amended by Schedules 2 and 4 only of the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997, subsections 2(2) and (4) of which provide as follows:

1. “(2)

   Item 11 of Schedule 1, item 20 of Schedule 2, Part 1 of Schedule 5, Divisions 1, 4 and 8 of Part 4 of Schedule 5 and Part 6 of Schedule 5 commence on the day on which this Act receives the Royal Assent.

2. “(4)

   Subject to this section, the remaining provisions of this Act commence on the same day as Part 3 of the Australian Meat and Live‑stock Industry Act 1997.”. [see Note 2]

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Note to s. 8(2)...........................	ad. No. 152, 1997
S. 23.........................................	am. No. 152, 1997
S. 32.........................................	rs. No. 152, 1997
S. 35.........................................	am. No. 152, 1997
S. 44.........................................	am. No. 152, 1997
S. 47.........................................	rep. No. 152, 1997
Heading to s. 50.......................	rs. No. 152, 1997
S. 50.........................................	am. No. 152, 1997
S. 52.........................................	am. No. 60, 1996
Note to s. 53(2).........................	ad. No. 152, 1997
S. 112.......................................	rs. No. 152, 1997
S. 115.......................................	am. No. 152, 1997
S. 126.......................................	am. No. 152, 1997
S. 130–133...............................	rep. No. 152, 1997
Heading to s. 163.....................	rs. No. 152, 1997
S. 163.......................................	am. No. 152, 1997
Note to s. 166(2).......................	ad. No. 152, 1997
S. 191.......................................	rs. No. 152, 1997
S. 194.......................................	am. No. 152, 1997
S. 205.......................................	am. No. 152, 1997
S. 208.......................................	rep. No. 152, 1997
Heading to s. 213.....................	rs. No. 152, 1997
S. 213.......................................	am. No. 152, 1997
S. 221.......................................	am. No. 152, 1996
S. 227.......................................	am. No. 207, 1997

Note 2

The Meat and Live‑Stock Industry Act 1995 was amended by Schedule 4 (item 1) of the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997. The applicable provision provides as follows:

Schedule 4—Repeal of Acts

1. 1

   Repeal of Acts

The Acts specified in this Schedule are repealed.

Meat and Live‑stock Industry Act 1995

The repeal is effective on 1 July 1998.