Wool Research and Development Corporation Regulations (Amendment) (Cth)

Statutory Rules 1992

No. 443 1

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Wool Research and Development Corporation Regulations 2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Primary Industries and Energy Research and Development Act 1989.

 Dated 17 December 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

SIMON CREAN

Minister of State for Primary Industries and Energy

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1.   Amendment

1.1   The Wool Research and Development Corporation Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 3 (Interpretation)

2.1   Insert the following definitions:

“‘facsimile’, in relation to an instrument, document or thing, means a copy of the instrument, document or thing that has been reproduced by facsimile telegraphy;”.

3.   New regulations 6aa, 6ab and 6ac

3.1   After regulation 6b, insert:

Comment by the Corporation on a motion relating to a matter within its responsibilities

 “6aa. If the Research Corporation receives under subregulation 6a (2) a written copy of a motion relating to a matter within the Corporation’s responsibilities, the Research Corporation may prepare a written statement, not exceeding 1,000 words, commenting on the motion.

Notice of motion to be moved by the Corporation

 “6ab. (1)  If the Research Corporation proposes to move at a general meeting a motion in respect of a recommendation referred to in subsection 60 (3) of the Act, the Research Corporation must, at least 56 days before the meeting, announce publicly the Research Corporation’s intention to move the motion.

“(2)

The Research Corporation may prepare a written statement, not exceeding 1,000 words, supporting the motion.

Preparation of agenda for annual general meeting Preparation of agenda for annual general meeting

 “6ac. (1)  The Research Corporation must, within the period referred to in subregulation (2), prepare an agenda for an annual general meeting.

“(2)

For the purposes of subregulation (1), the period:

• (a)

  begins not more than 55 days before the annual general meeting; and

• (b)

  ends immediately before the Research Corporation gives notice of the meeting under subregulation 6b (1).

“(3)

The Chairperson may determine the procedures by which the meeting is to be conducted and issue with the agenda a statement setting out those procedures.”.

4.   Regulation 6b (Notifying eligible levy payers of a general meeting)

4.1   Subregulation 6b (1):

Omit the subregulation, substitute:

“(1)

For the purposes of paragraph 61 (b) of the Act, at least 42 days before an annual general meeting or an annual general meeting of registered wool-tax payers under the Australian Wool Corporation Act 1991 is held, whichever is earlier, the Corporation must give to each registered wool-tax payer:

• (a)

  a notice setting out:

  • (i)

    the day on which the meeting is to be held; and

  • (ii)

    the time and place at which the meeting is to be held; and

  • (iii)

    the agenda prepared under regulation 6ac for the meeting; and

• (b)

  subject to subregulation (2), the text of each motion proposed to be moved at the meeting; and

• (c)

  unless the Corporation has reason to believe that the statement is defamatory—a copy of a written statement that:

  • (i)

    is referred to in paragraph 6a (2) (b), regulation 6aa or subregulation 6ab (2); and

  • (ii)

    relates to a motion the text of which is being distributed under paragraph (b);

• (d)

  a copy of the last annual financial statement and report of the Corporation and its auditors; and

• (e)

  a copy of the proxy form that is approved for the meeting under subregulation 6c (1).”.

4.2   Paragraph 6b(1a) (b):

Omit “28”, substitute “42”.

5.   Regulation 6c (Proxies)

5.1   Paragraph 6c (3) (c):

Omit the paragraph, substitute:

• “(c)

  must send the form or a facsimile of the form by facsimile transmission or other means to the Research Corporation at least 2 days before the day on which the earlier of:

  • (i)

    the annual general meeting of the Research Corporation; and

  • (ii)

    the next annual general meeting of registered wool-tax payers under the Australian Wool Corporation Act 1991;

 is to be held.”.

6.   Regulation 6d (Voting on motions put to the annual general meeting)

6.1   Subregulation 6d (1):

Omit “, or in relation to general business of the meeting,”.

6.2   Subregulation 6d (1):

Omit “and proxies present and voting, in person or by proxy”, substitute “voting at the meeting in person or by proxy”.

6.3   Subregulation 6d (2):

Omit “, or in relation to general business of the meeting,”.

6.4   Subregulation 6d (3):

Omit “and proxies present and voting, in person or by proxy, at the meeting”, substitute “voting at the meeting in person or by proxy”.

6.5   Subregulation 6d (4):

Omit “at least one third”, substitute “more than half”.

6.6   Subregulation 6d (4):

Omit “and proxies present and voting, in person or by proxy, at the meeting”, substitute “voting at the meeting in person or by proxy”.

6.7   Subregulation 6d (5):

Omit “at least two thirds”, substitute “more than half”.

6.8   Subregulation 6d (5):

Omit “and proxies present and voting, in person or by proxy, at the meeting”, substitute “voting at the meeting in person or by proxy”.

7.   New regulation 6da

7.1   After regulation 6d, insert:

Voting on procedural motions put to a general meeting

 “6da. (1)  For the purposes of paragraph 61 (d) of the Act, a procedural motion moved at a general meeting is passed if it is agreed to by a majority of persons present and entitled to vote at the meeting.

“(2)

Voting on a procedural motion is by show of hands.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1992.

2. Statutory Rules 1991 No. 178 as amended by 1991 Nos. 227 and 471; 1992 No. 115.