Meat and Live-stock Industry Regulations (Cth)
The Meat and Live-stock
Industry Regulations in force under the
Year and Number | Date of notification in | Date of Commencement | Application, saving or transitional provisions |
1995 No. 203 | 30 June 1995 | 1 July 1995 | |
413 | 19 Dec 1995 | 19 Dec 1995 | — |
1997 No. 209 | 13 Aug 1997 | R. 4: 1 Sept 1997 Remainder: 13 Aug 1997 | — |
Provision amended | How affected | |
R. 3 | am. 1995 No. 413 | |
R. 3A | ad. 1997 No. 209 | |
rep. 1997 No. 209 | ||
Part 6A (r. 26A) | ad. 1995 No. 413 | |
R. 26A | ad. 1995 No. 413 | |
__________________
Regulation
PART 1—PRELIMINARY
1. | Citation |
2. | Commencement |
3. | Interpretation |
PART 2—CONFERENCES
4. | Publication of notice of industry conference |
5. | Notice to registered persons |
PART 3—GENERAL MEETINGS
6. | Notice to registered persons of meeting and motions—annual general meetings |
7. | Publication of notice of special general meeting |
8. | Notice to registered persons of meeting and motions—special general meetings |
9. | Notice of motion of no confidence |
10. | Voting at annual general meetings |
11. | Voting at special general meetings |
12. | Calculation of number of votes |
13. | Proxies |
14. | Partnerships and trustees |
PART 4—REGISTERS
15. | Persons entitled to be registered non-bovine live-stock producers |
16. | Persons entitled to be registered cattle producers |
17. | Persons entitled to be registered exporters and processors |
18. | Maintaining registers |
19. | Particulars to be entered on registers |
20. | Application for entry on register |
21. | Returns |
22. | Partnerships and trustees |
23. | Closure of registers |
PART 5—PRESCRIBED SCHEMES
24. | Prescribed schemes |
PART 6—PRESCRIBED BODIES AND ORGANISATIONS
25. | Eligible industry bodies |
26. | Prescribed organisations |
PART 6A—GROSS VALUE OF PRODUCTIONOF INDUSTRY
26A. | Gross value of production of the industry |
PART 7—LIABILITY TO TAXATION
27. | Specified laws |
SCHEDULE
FORMS
__________________
I, The Governor-General
of the Commonwealth of Australia, acting with the advice of the Federal
Executive Council and under section 4 of the
Dated 30 June 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
BOB COLLINS
Minister for Primary Industries and Energy
____________
“Act” means theMeat and Live-stock Industry Act 1995 ;
“prescribed annual general meeting” means:
(a) the annual general meeting at which the annual report of AMLC that relates to the financial year ending on 30 June 1997 is considered; and
(b) the third annual general meeting following that meeting and each succeeding third annual general meeting following a prescribed annual general meeting;
“register” has the same meaning as in section 52 of the Act;
(a) 1 cattle species animal is taken to be 10 cattle units;
(b) 1 goat is taken to be 1 live-stock unit;
1 sheep is taken to be 1 live-stock unit.
* * * * * * *
(a) the days, times and place of the conference; and
(b) the day, time and place of any annual general meeting to be held during the conference.
Subsection 22 (1) of the Act provides that an annual general meeting is to be held during each conference of the industry. The published notice of the conference must include notice of the meeting: see paragraph 21 (6) (c) of the Act.]
(a) a notice setting out:
(i) the day, time and place of the meeting; and
(ii) the terms of any motion proposed to be moved by the Chairperson or by a person appointed by the Chairperson; and
(iii) the terms of any motion proposed to be moved by the Chairperson of AMLC or by a person appointed by the Chairperson of AMLC; and
(iv) the terms of any motion proposed to be moved by the Chairperson of MRC or by a person appointed by the Chairperson of MRC; and
(v) subject to subregulation (2), if the Council has received notice of a motion under subregulation 9 (1)—the terms of that motion and of any statement given to the Council in support of the motion; and
(b) a proxy form approved by the Chairperson under paragraph 12 (4) (a); and
(c) a copy of the latest annual report of each of the Council, AMLC and MRC.
(a) the person proposing to move the motion is a registered person on the day of closure of the registers for the purpose of the annual general meeting; and
(b) the motion has the support of not less than 50 persons who are registered persons, on the day of closure of the registers for the purpose of the annual general meeting.
(a) a notice setting out:
(i) the day, time and place of the meeting; and
(ii) the terms of any motion proposed to be moved by the Chairperson or by a person appointed by the Chairperson; and
(b) a proxy form approved by the Chairperson under paragraph 13 (4) (a).
(a) include in the notice a statement, of not more than 1,000 words, in support of the motion; and
(b) include in the notice, or in a further notice in writing given to the Council before the day of closure of the registers for the purpose of the annual general meeting, evidence of support for the motion by other registered persons.
(a) is a registered non-bovine live-stock producer; and
(b) has not ceased to be entitled to be entered on the register of non-bovine livestock producers since the day of closure of the register for the purpose of an annual general meeting;
the person is entitled to cast the number of votes determined in accordance with regulation 12, in person or by proxy, on any motion to be considered at the meeting except a motion relating to the making of regulations:
(c) prescribing amounts for the purposes of section 6 of the
Beef Production Levy Act 1990 ; or(d) prescribing amounts for the purposes of section 6 or 6A of the
Cattle Export Charges Act 1990 ; or(e) prescribing amounts for the purposes of section 5 of the
Cattle Transaction Levy Act 1995 .
(a) is a registered cattle producer; and
(b) has not ceased to be entitled to be entered on the register of cattle producers since the day of closure of the register for the purpose of an annual general meeting;
the person is entitled to cast the number of votes determined in accordance with regulation 12, in person or by proxy, on any motion to be considered at the meeting except a motion relating to the making of regulations:
(c) prescribing amounts for the purposes of section 6A, 6B or 6D of the
Live-stock Slaughter Levy Act 1964 ; or(d) prescribing amounts for the purposes of section 8, 9 or 11 of the
Live-stock Export Charge Act 1977 .
(a) is a registered exporter or processor; and
(b) has not ceased to be entitled to be entered on the register of exporters and processors since the day of closure of the register for the purpose of an annual general meeting;
the person is entitled to cast one vote, in person or by proxy, on any motion to be considered at the meeting.
(a) the number of votes cast under subregulations (1) and (2) in support of the motion is a majority of the votes cast under those subregulations; and
(b) the number of votes cast under subregulation (3) in support of the motion is a majority of the votes cast under that subregulation.
(a) the number of votes cast under subregulation (1) or (2), as the case may be, in support of the motion, is a majority of the votes cast under that subregulation; and
(b) the number of votes cast under subregulation (3) in support of the motion is a majority of the votes cast under that subregulation.
(a) the sum of the number of votes cast under subregulations (1), (2) and (3), in support of the motion, is at least two-thirds of the votes cast; and
(b) the sum of the number of votes cast under subregulations (1) and (2), in support of the motion, is a majority of the votes cast under the subregulations; and
(c) the number of votes cast under subregulation (3), in support of the motion, is a majority of the votes cast under that subregulation.
(a) a person attending the meeting and having an entitlement to vote on the motion, including a proxy of more than one person, is entitled to cast one vote only on that motion; and
(b) the motion is passed only if it is supported by a majority of votes cast.
(a) is a registered non-bovine live-stock producer; and
(b) has not ceased to be entitled to be entered on the register of non-bovine livestock producers since the day of closure of the register for the purpose of a special general meeting;
the person is entitled to cast the number of votes determined in accordance with regulation 12, in person or by proxy, on any motion to be considered at the meeting except a motion relating to the making of regulations:
(c) prescribing amounts for the purposes of section 6 of the
Beef Production Levy Act 1990 ; or(d) prescribing amounts for the purposes of section 6 or 6A of the
Cattle Export Charges Act 1990 ; or(e) prescribing amounts for the purposes of section 5 of the
Cattle Transaction Levy Act 1995.
(a) is a registered cattle producer; and
(b) has not ceased to be entitled to be entered on the register of cattle producers since the day of closure of the register for the purpose of a special general meeting;
the person is entitled to cast the number of votes determined in accordance with regulation 12, in person or by proxy, on any motion to be considered at the meeting except a motion relating to the making of regulations:
(c) prescribing amounts for the purposes of section 6A, 6B or 6D of the
Live-stock Slaughter Levy Act 1964 ; or(d) prescribing amounts for the purposes of section 8, 9 or 11 of the
Live-stock Export Charge Act 1977 .
(a) is a registered exporter or processor; and
(b) has not ceased to be entitled to be entered on the register of exporters and processors since the day of closure of the register for the purpose of a special general meeting;
the person is entitled to cast one vote, in person or by proxy, on any motion to be considered at the meeting.
(a) the number of votes cast under subregulation (1) or (2), as the case may be, in support of the motion, is a majority of the votes cast under that subsection; and
(b) the number of votes cast under subsection (3) in support of the motion is a majority of the votes cast under that subsection.
Number of cattle units or live-stock units |
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A x 6
10,000 where
“A” is the number of cattle units or live-stock units owned.
(a) all motions put at the meeting; or
(b) a particular motion specified in the instrument of appointment.
(a) in a form approved by the Chairperson; and
(b) signed by the person making the appointment; and
(c) lodged with the Council no later than 3 days before the day on which the meeting is to be held.
If a registered person is the trustee of a trust estate, a right to participate in a general meeting, exercised by the person, must be exercised:
(a) by the trustee, or, if there is more than one trustee, by one only of the trustees; or
(b) by a proxy appointed by the trustee or trustees.
(a) is a producer of live-stock other than cattle; and
(b) has at least 100 live-stock units.
(a) is a cattle producer; and
(b) has at least 100 cattle units.
(a) each person who, on the day on which the person applies to be entered on the register, holds a valid export licence; and
(b) each person who, on the day on which the person applies to be entered on the register, is authorised, under a law, to operate in Australia an establishment for slaughtering live-stock for human consumption; and
(c) each person who, having engaged, under a contract to slaughter live-stock, a person described in paragraph (b), on the day on which the person applies to be entered on the register, is liable for payment of levy under the
Beef Production Levy Act 1990 (whether or not the levy has been paid).
(a) does not hold a valid export licence; or
(b) is not authorised, under a law, to operate in Australia an establishment for slaughtering live-stock for human consumption; or
(c) is not a person referred to in paragraph (1) (c);
the person ceases to be entitled to the entry on the register.
(a) the information must be entered on the relevant register as soon as practicable; and
(b) if the information is received by AMLC on or before the day of closure of the relevant register for the purpose of a conference or a general meeting, it is taken to have been entered on the day of closure.
(a) the business or residential address of the person, not being an address of a post office box or bag;
(b) if the person has a separate postal address—that address;
(c) for a registered cattle producer—the number of cattle owned by the person:
(i) on the day on which the person applied to be entered on the register; or
(ii) on any later day on which the person has given AMLC notice of the number of cattle owned by the person;
(d) for a registered non-bovine live-stock producer—the number of each of the following species owned by the person on the day on which the person applied to be entered on the register:
(i) goats;
(ii) sheep;
(e) for a registered exporter or processor:
(i) whether the person, on the day on which the person applied to be entered on the register, held a valid export licence;
(ii) the number of the export licence (if any);
(iii) whether the person, on the day on which the person applied to be entered on the register, was authorised, under a law, to operate in Australia an establishment for slaughtering live-stock for human consumption;
(iv) the name of the authority (if any) that authorised the person to operate the establishment;
(v) the number of any licence, certificate or other document (if any) evidencing the authorisation;
(vi) whether the person is a person who, having engaged, under a contract to slaughter live-stock, a person described in paragraph 17 (1) (b), on the day on which the person applies to be entered on the register, is liable for payment of levy under the
Beef Production Levy Act 1990 (whether or not the levy has been paid).(f) the number of votes that the person is entitled to cast at a general meeting.
(a) in accordance with Form 2 in the Schedule; and
(b) if the person is authorised, under a law, to operate in Australia an establishment for slaughtering live-stock for human consumption—accompanied by a photocopy of any licence, certificate or other document evidencing the authorisation.
(a) be in accordance with Form 3 in the Schedule; and
(b) contain the following information:
(i) the business or residential address of the person, not being an address of a post office box or bag;
(ii) if the person has a separate postal address—that address;
(iii) for a registered cattle producer—the number of cattle owned by the person on the day on which the person gives the return to AMLC;
(iv) for a registered non-bovine live-stock producer—the number of each of goats and sheep owned by the person on the day on which the person gives the return to AMLC.
(a) be in accordance with Form 4 in the Schedule; and
(b) contain the following information:
(i) the business or residential address of the person, not being an address of a post office box or bag;
(ii) if the person has a separate postal address—that address;
(iii) whether, on the day on which the person gives the return to AMLC, the person held an export licence;
(iv) the number of the export licence (if any);
(v) whether, on the day on which the person gives the return to AMLC, the person was authorised under a law to operate in Australia an establishment for slaughtering live-stock for human consumption;
(vi) the name of the authority (if any) that authorised the person to operate the establishment;
(vii) the number of any licence, certificate or other document (if any) evidencing the authorisation.
(a) the membership of the partnership is varied; or
(b) the partnership is dissolved and a new partnership, at least one of the members of which is a member of the original partnership, is set up to conduct the business previously conducted by the former partnership.
(a) the scheme known as AUS-MEAT and operated by the Authority for Uniform Specification Meat and Livestock Committee established by AMLC;
(b) the computer aided livestock marketing scheme known as CALM and operated by the CALM Services Committee established by AMLC or the CALM Services Committee jointly with another person.
(a) Australian Livestock Exporters’ Association;
(b) Australian Lotfeeders Association;
(c) Goat Industry Council of Australia.
(a) Australian Livestock Exporters’ Association;
(b) Australian Lotfeeders Association;
(c) Australian Meat Council;
(d) Cattle Council of Australia;
(e) Meat and Allied Trades Federation of Australia;
(f) Sheepmeat Council of Australia.
(a) if the determination is made before ABARE provides figures showing the gross value of live-stock production for the immediately preceding financial year—in accordance with the formula:
=; and
(b) if the determination is made after ABARE provides figures showing the gross value of live-stock production for the immediately preceding financial year—in accordance with the formula:
=;
where:
GVPI means the gross value of production of the industry for a financial year;
EGVLP1 is the estimated gross value of live-stock production for the financial year calculated using figures provided by ABARE;
EGVLP2 is the estimated gross value of live-stock production for the immediately preceding financial year calculated using figures provided by ABARE estimating the gross value of live-stock production in that year;
GVLP2 is the gross value of live-stock production for the immediately preceding financial year calculated using figures provided by ABARE;
GVLP3 is the gross value of live-stock production in the financial year preceding the immediately preceding financial year calculated using figures provided by ABARE.
(a) cattle, sheep, lambs and goats slaughtered; and
(b) cattle, sheep, lambs and goats exported live; and
(c) sheep skins from which the wool has been removed; and
(d) hides produced;
in that financial year.
(a) the Pay-roll Tax Act, 1971 of the State of New South Wales;
(b) the
Pay-roll Tax Act 1971 of the State of Victoria;(c) the
Pay-roll Tax Act 1971 of the State of Queensland;(d) the Pay-roll Tax Act, 1971 of the State of South Australia;
(e) the
Pay-roll Tax Act, 1971 of the State of Western Australia;(f) the
Pay-roll Tax Act 1971 of the State of Tasmania;(g) the
Payroll Tax Act 1987 of the Australian Capital Territory;(h) the
Pay-roll Tax Act 1978 of the Northern Territory.
FORMS
Subregulation 20 (1)
COMMONWEALTH OF AUSTRALIA
Meat and Live-stock Industry Regulations
APPLICATION TO BE ENTERED ON THE REGISTER OF CATTLE PRODUCERS OR THE REGISTER OF NON-BOVINE LIVE-STOCK PRODUCERS (OR BOTH)
To the Australian Meat and Live-stock Corporation:
*I/*We (
On the date of this application, *I/*we owned, and *was/*were engaged in raising or fattening the following cattle or other live-stock (or both).
Cattle/other live-stock Number owned
_______________________________________________________
Cattle ................................
Goats ................................
Sheep ...............................
Communications
may be sent by post to *me/*us at (
*I/*We declare that, to the best of *my/*our knowledge and belief, all the particulars given in this application are correct.
Dated 19 .
.....................................................
.....................................................
(
insert signature of the applicant, or of the individual authorised by the applicant to sign on behalf of the applicant and add in block capitals the full name of the signatory )
*
NOTES: 1. The registers kept by the Australian Meat and Live-stock Corporation under the
Meat and Live-stock Industry Act 1995 are used to determine entitlement to vote at general meetings of the Meat Industry Council, the Australian Meat and Live-stock Corporation and the Meat Research Corporation.
2. It is an offence to knowingly give information that is false or misleading in a material particular in a document or return given to the Corporation.
________________
Subregulation 20 (2)
COMMONWEALTH OF AUSTRALIA
Meat and Live-stock Industry Regulations
APPLICATION TO BE ENTERED ON THE REGISTER OF EXPORTERS AND PROCESSORS
the Australian Meat and Live-stock Corporation:
*I/*We (
*On the date of making this
application *I/*we hold export licence No. (
*I/*We attach a photocopy of the *licence/*certificate/*document that is evidence of *my/*our authorisation under a law to operate in Australia, on the date of making this application, an establishment for slaughtering live-stock for human consumption.
the
payment of levy under the
Notices may be sent by post
to *me/*us at (
*I/*We declare that, to the best of *my/*our knowledge and belief, all the statements in this application are correct.
Dated 19 .
........................................................
........................................................
(
insert signature of the applicant, or of the individual authorised by the applicant to sign on behalf of the applicant and add in block capitals the full name of the signatory )*
Omit if not applicable .NOTES: 1. The registers kept by the Australian Meat and Live-stock Corporation under the
Meat and Live-stock Industry Act 1995 are used to determine entitlement to vote at general meetings of the Meat Industry Council, the Australian Meat and Live-stock Corporation and the Meat Research Corporation.
2. It is an offence to knowingly give information that is false or misleading in a material particular in a document or return given to the Corporation.
_____________
FORM 3 Subregulation 21 (2)
COMMONWEALTH OF AUSTRALIA
Meat and Live-stock Industry Regulations
RETURN BY A REGISTERED CATTLE PRODUCER OR NON-BOVINE LIVE-STOCK PRODUCER
To the Australian Meat and Live-stock Corporation:
On the date of this return,
*I/*we
EITHER:
*own, and *am/*are engaged in raising or fattening the following cattle or other live-stock:
Cattle/other live-stock Number owned
_______________________________________________________
Cattle ................................
Goats ................................
Sheep ...............................
OR:
* am/*are no longer engaged in raising or fattening *cattle or *other live-stock.
Notices may be sent by post
to *me/*us at (
*I/*we declare that, to the best of *my/*our knowledge and belief, all the statements in this application are correct.
Dated 19 .
..................................................
..................................................
(
insert signature of the applicant, or of the individual authorised by the applicant to sign on behalf of the applicant and add in block capitals the full name of the signatory )
*
NOTES: 1. The registers kept by the Australian Meat and Live-stock Corporation under the
Meat and Live-stock Industry Act 1995 are used to determine entitlement to vote at general meetings of the Meat Industry Council, the Australian Meat and Live-stock Corporation and the Meat Research Corporation.
2. It is an offence to knowingly give information that is false or misleading in a material particular in a document or return given to the Corporation.
Subregulation 21 (3)
COMMONWEALTH OF AUSTRALIA
Meat and Live-stock Industry Regulations
RETURN BY A PERSON ENTERED ON THE REGISTER OF EXPORTERS AND PROCESSORS
To the Australian Meat and Live-stock Corporation:
This return is given by, or
on behalf of, (
(
*On the date of giving this return *I/*we do not hold an export licence granted by the Corporation.
*On the date of giving this
return *I/*we hold licence No. (
*On the date of giving this return *I am/*we are not authorised under a law to operate in Australia an establishment for slaughtering live-stock for human consumption.
law by (
The number of the licence,
certificate or other document that is evidence of that authorisation is (
the
payment of levy under the
Notices may be sent by post
to *me/*us at (
*I/*We declare that, to the best of *my/*our knowledge and belief, all the statements in this application are correct.
Dated 19 .
.........................................................
.........................................................
(
insert signature of the applicant, or of the individual authorised by the applicant to sign on behalf of the applicant, and add in block capitals the full name of the signatory )
*
NOTES: 1. The registers kept by the Australian Meat and Live-stock Corporation under the
Meat and Live-stock Industry Act 1995 are used to determine entitlement to vote at general meetings of the Meat Industry Council, the Australian Meat and Live-stock Corporation and the Meat Research Corporation.
2. It is an offence to knowingly give information that is false or misleading in a material particular in a document or return given to the Corporation.
____________________________________________________________
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