Australian Dried Fruits Board (AGM) Regulations 1993 No. 144
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 144
Issued by the Authority of the Minister for Primary Industries and Energy
Australian Horticultural Corporation Act 1987
Australian Dried Fruits Board (AGM) Regulations
The Australian Horticultural Corporation (AHC) carries out marketing and promotion activities for the apple, pear, citrus, nursery products, nashi, macadamia nut, avocado and chestnut industries in both domestic and export markets. The Act also provides for semiautonomous product boards, if that is an industry's preference, but so far only the dried fruits' industry has chosen this option. The Australian Dried Fruits Board (ADFB) is such a product board but it can only carry out marketing and promotion of dried vine fruit for export. Marketing and promotion of dried vine fruit for the domestic market is a matter for the peak industry body and associated packers. The ADFB is funded entirely by industry levies and export charges.
Under section 15G (1) of the Act, each product board must hold an annual general meeting (AGM) in each financial after the financial year the board was established. The ADFB must hold its first AGM for the period 1991/92 on or before 30 June 1993.
The Regulations provide that the packers of dried vine fruit supply production information to the ADFB on any person or trading entity that became liable to pay a levy or export charge in relation to the ADFB during the immediately preceding financial year or the first three months of the current financial year, for the purpose of the establishment of a register as required by section 115H (1) of the Act.
The timetable for the schedule to be followed for the period prior to the AGM and the method of conducting the meeting are contained in the Regulations. Other procedural matters covered are voting entitlements, method of voting and the provision of proxy votes.
In accordance with section 115P (e) the Regulations provide that every levy or export charge payer is entitled to a number of votes equal to the next whole number of the total tonnes of dried vine fruit delivered to the packers. Voting will initially be by a show of hands, but the Chairperson of the ADFB can allow a full poll of levy or export charge payers if it is called for from the floor according to the procedure laid down in the Regulations.
Matters concerning decisions by the ADFB, on the inclusion or removal of particular details from the register of levy and export charge payers, may be reviewed by the ADFB. Application for further review may be made to the Administrative Appeals Tribunal.
The Regulations provide that information supplied to the ADFB for the purposes of administering the AGM must only be used for this specific purpose. The information remains confidential to the ADFB, the levy or export charge payer and the proxy holder.
Details of the proposed regulations are at Attachment A.
The proposed regulations would commence on gazettal.
Overview
The Australian Dried Fruits Board (AGM) Regulations 1993, enacted under the Australian Horticultural Corporation Act 1987, address the need for structured governance and operational procedures within the Australian Dried Fruits Board (ADFB), a semiautonomous product board responsible for marketing and promoting dried vine fruit exports. The Act facilitates the establishment of product boards within the horticultural industry, but only the dried fruits' industry has thus far chosen this governance model. These regulations were issued by the Minister for Primary Industries and Energy to ensure the ADFB operates efficiently and transparently, with a clear framework for its annual general meetings, including the establishment and maintenance of a register of levy and export charge payers, voting procedures, and the handling of confidential information. The policy objective is to support the orderly administration of the ADFB's activities and to ensure that all stakeholders have a voice in the decision-making process through a fair and transparent voting system.
Scope and Application
The Australian Dried Fruits Board (AGM) Regulations 1993 No. 144 apply specifically to the Australian Dried Fruits Board (ADFB), a semiautonomous product board under the Australian Horticultural Corporation Act 1987. The ADFB is responsible for marketing and promotion of dried vine fruit for export, funded entirely by industry levies and export charges. These regulations govern the conduct of the ADFB's annual general meetings (AGM), as mandated by section 15G(1) of the Act, ensuring that each AGM is held on or before 30 June each financial year following the board's establishment. The regulations also dictate the supply of production information by packers of dried vine fruit to the ADFB, which is used to establish a register of levy and export charge payers, in accordance with section 115H(1) of the Act. Voting entitlements, methods of voting, and the provision of proxy votes are detailed within the regulations, with voting initially conducted by a show of hands and the possibility of a full poll as per the stipulated procedures. These regulations apply nationally and are designed to ensure transparency and accountability in the administration of the AGM and the management of the register of levy and export charge payers.
Key Provisions
The Australian Dried Fruits Board (AGM) Regulations 1993 (No. 144) under the Australian Horticultural Corporation Act 1992 establish key provisions for the operation of the Australian Dried Fruits Board (ADFB), a semiautonomous product board. Section 15G (1) of the Act mandates that the ADFB holds an annual general meeting (AGM) each financial year after the board was established. The first AGM for the period 1991/92 must occur on or before 30 June 1993. The Regulations detail the process for conducting these AGMs, including the timing of the schedule, the method of voting, and the procedures for proxy votes. Additionally, the Regulations outline the responsibilities of the packers of dried vine fruit, who must supply production information to the ADFB to help establish a register of levy and export charge payers, as required by section 115H (1) of the Act.
The obligations imposed by the Regulations include the requirement for the ADFB to hold an AGM annually and for packers to submit production information to establish the register of levy and export charge payers. Voting entitlements are calculated based on the total tonnes of dried vine fruit delivered to packers, with each payer entitled to a number of votes equal to the next whole number of those tonnes, as stipulated in section 115P (e). The AGMs must be conducted following the procedures outlined in the Regulations, including the initial voting by a show of hands and the option for a full poll if requested. Decisions made by the ADFB regarding the register can be reviewed internally, with the possibility of further review by the Administrative Appeals Tribunal.
Under the Regulations, there are no explicit provisions detailing offences, penalties, or civil/criminal consequences for breaches. However, the importance of compliance is underscored by the requirement for AGMs and the confidential handling of information supplied for the AGM's administration. Failure to comply with the Regulations could potentially lead to disputes or challenges in the Administrative Appeals Tribunal regarding decisions about the register of levy and export charge payers. The confidential nature of the information supplied for AGM administration is stressed, ensuring that it remains between the ADFB, the levy or export charge payer, and the proxy holder. The Regulations are designed to ensure the effective and orderly operation of the ADFB within the framework provided by the Australian Horticultural Corporation Act 1992.