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

Statutory Rules 1991 No. 4711

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Wool Research and Development Corporation Regulations2 (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 12 December 1991.

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:

‘“annual general meeting’, in relation to the Research Corporation, means the meeting of eligible levy payers held under subsection 58 (1a) of the Act;

‘eligible levy payer’ means a wool-tax payer whose name appears on the register prepared by the Research Corporation under subsection 57 (1a) of the Act.”.

3. New regulations 6a, 6b, 6c, 6d and 6e

3.1 After regulation 6, insert:

Notice of motion at annual general meeting

“6a (1) This regulation applies to an eligible levy payer who proposes to move, at the annual general meeting:

(a) a motion relating to a matter within the Research Corporation’s responsibilities; or

(b) a motion referred to in subsection 60 (2) of the Act relating to a recommendation that is to be made to the Minister in relation to the rates of tax to be prescribed for the purposes of each of the Wool Tax Acts; or

(c) a motion of no confidence in the Chairperson or the Research Corporation.

“(2) For the purposes of paragraph 61 (a) of the Act, the eligible levy payer:

(a) must give to the Research Corporation a written copy of the motion, at least 56 days before the annual general meeting is to be held; and

(b) may include with the motion a statement in writing, not exceeding 1,000 words, supporting it; and

(c) may include with the motion the names of eligible levy payers whom the eligible levy payer claims support the motion.

[NOTE: Under subregulation 6b (2), the Research Corporation must not distribute the text of the motion unless it appears to the Research Corporation that the motion is supported by at least 50 eligible levy payers, not including the person who proposes to move the motion.]

Notifying eligible levy payers of a general meeting

“6b. (1) For the purposes of paragraph 61 (b) of the Act, the Research Corporation must give to each eligible levy payer, at least 28 days before an annual general meeting is to be held:

(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

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

(c) a copy of the last annual report of the Research Corporation; and

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

“(2) The Research Corporation must not give to an eligible levy payer the text of a motion given to the Research Corporation under subregulation 6a (2) unless it appears to the Research Corporation that the motion is supported by at least 50 eligible levy payers (not including the person who proposes to move the motion).

Proxies

“6c. (1) For the purposes of paragraph 61 (c) of the Act, the Chairperson of the Research Corporation must approve a form of appointment as a proxy in relation to an annual general meeting.

“(2) An eligible levy payer may appoint a person as his or her proxy in for an annual general meeting.

“(3) The eligible levy payer:

(a) may appoint the person as his or her proxy only by completing and signing the approved form; and

(b) may, in the form, instruct the proxy how to vote on a matter referred to in the form; and

(c) must give the form to the Research Corporation at least 7 days before the day on which the annual general meeting is to be held.

“(4) A person is not eligible to vote at an annual general meeting as a proxy for a eligible levy payer if the eligible levy payer attends the meeting.

“(5) A vote cast by proxy is valid only if the proxy casts it in accordance with the instructions given in the form of his or her appointment as proxy.

Voting on motions put to the annual general meeting

“6d. (1) For the purposes of paragraph 61 (d) of the Act, a motion at the annual general meeting in relation to a matter referred to in paragraphs 60 (1) (a) to (c) (inclusive), or in relation to general business of the meeting, is passed if it is agreed to by a majority of the eligible levy payers and proxies present and voting, in person or by proxy.

“(2) Voting on a motion in relation to a matter referred to in paragraphs 60 (1) (a) to (c) (inclusive) of the Act, or in relation to general business of the meeting, is by show of hands, or, if a person who is eligible to vote at the meeting asks for a formal vote on the motion, in a manner that allows the person presiding at the meeting to count each vote separately.

“(3) For the purposes of paragraph 61 (d) of the Act, a motion of no confidence in the Chairperson or the Research Corporation moved at the annual general meeting is passed if it receives at least two thirds of the votes eligible to be cast under regulation 6e by eligible levy payers and proxies present and voting, in person or by proxy, at the meeting.

“(4) For the purposes of paragraph 61 (d) of the Act, a motion:

(a) moved at the annual general meeting by the Research Corporation; and

(b) in respect of a recommendation referred to in subsection 60 (2) of the Act that is to be made to the Minister in relation to the rates of tax to be prescribed for the purposes of each of the Wool Tax Acts;

is passed if it receives at least one third of the votes eligible to be cast under regulation 6e by eligible levy payers and proxies present and voting, in person or by proxy, at the meeting.

“(5) For the purposes of paragraph 61 (d) of the Act, a motion:

(a) moved at the annual general meeting, other than by the Research Corporation; and

(b) in respect of a recommendation referred to in subsection 60 (2) of the Act that is to be made to the Minister in relation to the rates of tax to be prescribed for the purposes of each of the Wool Tax Acts;

is passed if it receives at least two thirds of the votes eligible to be cast under regulation 6e by eligible levy payers and proxies present and voting, in person or by proxy, at the meeting.

“(6) Votes cast for the purposes of subregulation (3), (4) or (5) must be cast by secret ballot.

Entitlement to vote

“6e. For the purposes of paragraph 61 (e) of the Act, the number of votes that an eligible levy payer may cast at the annual general meeting is the number determined under regulation 5i of the Australian Wool Corporation Regulations.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1991.

2. Statutory Rules 1991 No. 178 as amended by 1991 No. 227.