Australian Meat and Live-stock Corporation (Annual General Meeting of the Industry) Regulations (Amendment) 1991 No. 255
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 255
Issued by the authority of the Minister for Primary Industries and Energy.
Subject -Australian Meat and Live-stock Corporation Act 1977
Australian Meat and Live-stock Corporation (Annual General Meeting of the Industry) Regulations (Amendment)
Section 52 of the Australian Meat and Live-stock Corporation Act 1977 provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters that are required or permitted to be prescribed by the Act, or necessary or convenient for carrying out or giving effect to the Act.
Section 30J of the Act specified that a register of producers of live-stock must be established and maintained by the Australian Meat and Live-stock Corporation. The purpose of this register is to detennine voting entitlements at annual general meetings of the industry. The manner of maintaining the register is established by the Regulations.
The Cattle Industry Legislation (Consequential Provisions) Act 1990 amended the Act to provide for two registers to replace the register of producers of live-stock: a register of producers of live-stock, other than cattle, and a register of producers of cattle. This separation of the registers reflects the revised levy arrangements, with the cattle industry no longer covered by the same levy legislation as the rest of the meat industry (sheep, goats, buffalo).
The proposed (Amendment) Regulations carry through this change to the regulations which determine the manner of maintaining the registers.
The proposed (Amendment) Regulations will commence on the day on which they are gazetted following Executive Council approval.
Overview
The Australian Meat and Livestock Corporation (Annual General Meeting of the Industry) Regulations (Amendment) 1991 No. 255 amends the existing regulations to reflect changes introduced by the Cattle Industry Legislation (Consequential Provisions) Act 1990. This amendment was necessary to update the Australian Meat and Livestock Corporation Act 1977 to accommodate the revised levy arrangements for the cattle industry, which are now separate from the rest of the meat industry. The primary objective of this amendment is to ensure that the manner of maintaining the registers of producers of livestock, as required by Section 30J of the Act, aligns with the updated legislative framework. The Minister for Primary Industries and Energy has the authority to issue these regulations, which will come into effect upon gazettement following approval by the Executive Council.
Scope and Application
The Australian Meat and Livestock Corporation (Annual General Meeting of the Industry) Regulations (Amendment) 1991 No. 255 amends the regulations under the Australian Meat and Livestock Corporation Act 1977 to reflect legislative changes introduced by the Cattle Industry Legislation (Consequential Provisions) Act 1990. The regulations apply to the Australian Meat and Livestock Corporation, which is responsible for maintaining the necessary registers of producers of livestock, including the separation of cattle from other livestock categories. This amendment ensures that the corporation adheres to the new legislative framework which separates cattle from other livestock in terms of levy arrangements. The geographic reach of these regulations is national, applying across Australia as they pertain to the activities of the Australian Meat and Livestock Corporation which operates at a federal level. The regulations do not specify any exclusions or exemptions, and they extend the application of the Act through subordinate instruments by detailing the precise manner in which the updated registers must be maintained. These Regulations will take effect on the day they are gazetted, following approval by the Executive Council.
Key Provisions
The Australian Meat and Live-stock Corporation (Annual General Meeting of the Industry) Regulations (Amendment) 1991 No. 255 introduces amendments to the existing regulations that govern the maintenance of registers related to the Australian Meat and Live-stock Corporation (AMLC). Section 30J of the Australian Meat and Live-stock Corporation Act 1977 (section 30J) mandates the establishment and maintenance of a register of producers of livestock. This register is pivotal in determining voting entitlements at the annual general meetings of the industry, as outlined in section 52 of the Act. The manner in which these registers are maintained is prescribed by the Regulations.
The primary operative sections of the Amendment Regulations are those that reflect the legislative changes brought about by the Cattle Industry Legislation (Consequential Provisions) Act 1990. This act introduced two separate registers: one for producers of livestock other than cattle, and another specifically for producers of cattle. This change was necessitated by the revised levy arrangements, which separated the cattle industry from the rest of the meat industry (sheep, goats, buffalo) in terms of levy legislation. The Amendment Regulations seek to align with this legislative framework by adjusting the manner in which the registers are maintained, thus ensuring that the new structure is implemented in practice.
The Amendment Regulations impose specific obligations and requirements on the AMLC. The most significant obligation is the establishment and maintenance of the two separate registers as mandated by the Act. The AMLC must ensure that the register of producers of livestock, other than cattle, and the register of producers of cattle are accurately maintained and updated. This includes verifying the details of producers and ensuring that all entries are current and accurate to reflect the true voting entitlements at the annual general meetings.
Breaches of the requirements set forth by the Amendment Regulations may result in various consequences. Although the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that non-compliance with the statutory obligations could lead to civil or administrative penalties under the Australian Meat and Live-stock Corporation Act 1977 or other relevant legislation. The precise nature and extent of these penalties would depend on the specific provisions of those Acts and the discretion of the relevant authorities. It is also important to note that inaccurate or incomplete registers could potentially lead to disputes over voting entitlements, which may have significant implications for the governance and decision-making processes within the industry.