EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 424
Issued by the Authority of the Minister for Primary Industry
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION (ANNUAL GENERAL MEETING OF THE INDUSTRY) REGULATIONS
When the Australian Meat and Live-stock Corporation Act 1977 was amended in June 1984, new provisions were inserted as Part IIIA of the Act, requiring the Australian Meat and Live-stock Corporation (AMLC) to convene an Annual General Meeting (AGM) of the meat and livestock industry within 3 months after the tabling of each AMLC annual report in the House of Representatives (unless the Minister approves an extension of that period).
The purpose of the AGM will be to give industry participants an opportunity to consider AMLC’s annual report, hear the Chairman’s address on the performance and plans of the AMLC, question AMLC members about that body’s activities, and vote on motions concerning matters connected with AMLC operations and their financing (e.g. rate of levies). Such motions could include a motion of no confidence in AMLC’s Chairman or board that may lead to removal of the person/s concerned, but special safeguards apply to ensure that motions of this kind are not passed lightly.
Eligible livestock producers, meat processors and exporters of meat and livestock will be entitled to participate at AGMs in person or by proxy.
Participation will be voluntary and open to persons who meet prescribed eligibility requirements and have been enrolled on one of the 2 registers to be established by the AMLC, viz -
(i) register of livestock producers
(ii) register of meat processors and exporters of meat or livestock.
The 2 registers will form 2 separate voting blocs at AGMs, each using a different voting system. While persons on the processor/exporter register will each cast one vote only, those on the livestock producer register will use a multiple voting system under which each voter will cast such a number of votes as is calculated, by a prescribed method, according to the voter’s livestock ownership. However, both registers will have equal voting power, and passage of motions will require majority support by voters from each bloc.
Matters to be prescribed
The proposed regulations will prescribe the following matters:
(a) Method of calculating the number of votes which a livestock producer will be entitled to cast at AGMs. Under this method, which has been agreed on with producer organisations, there will be a number of categories of herd/flock size, each entitling a producer to a specified number of votes. A special formula will apply to owners of very large herds/flocks.
(b) Manner of maintaining registers.
(c) The classes of persons who will be eligible to be enrolled on the two registers.
The classes specified comprise persons whose operations generate the levy funds which finance AMLC activities, as well as persons whose export activities are regulated by AMLC. These persons comprise mainly livestock producers, slaughtering establishments and exporters of meat and livestock. Producers with insignificant livestock ownership (i.e. those owning less than 10 cattle/buffaloes or 100 sheep/goats) are not eligible.
(d) Application forms for entry on registers.
(e) Documentation to accompany applications.
(f) Particulars to be entered on registers.
(g) Returns to be furnished annually by persons admitted to registers.
The purpose of these returns is to verify continuing eligibility and, in the case of livestock producers, to enable changes in stock ownership to be reflected in the number of votes the producers are entitled to cast.
S.R. No. 395/84
Overview
The Australian Meat and Live-stock Corporation (Annual General Meeting of the Industry) Regulations 1984 were enacted to address the need for increased transparency and accountability in the operations of the Australian Meat and Live-stock Corporation (AMLC). These regulations were introduced to ensure that industry participants, including livestock producers, meat processors, and exporters, have an opportunity to engage directly with AMLC through an Annual General Meeting (AGM). The purpose of the AGM is to review the AMLC's annual report, discuss performance, question AMLC members, and vote on motions related to AMLC operations and financing, including the rate of levies. The enacting body responsible for these regulations is the Parliament of Australia, with a policy objective to ensure that the AMLC operates in a manner that reflects the interests of the meat and livestock industry. The regulations establish a structured process for industry participation in AGMs, including the creation of two separate registers for livestock producers and meat processors/exporters, with different voting systems that ensure equal representation and power.
Scope and Application
The Australian Meat and Livestock Corporation (Annual General Meeting of the Industry) Regulations, established under the Australian Meat and Livestock Corporation Act 1977, mandate the convening of an Annual General Meeting (AGM) of the meat and livestock industry within three months after the tabling of each AMLC annual report in the House of Representatives, unless an extension is approved by the Minister. The AGM provides eligible livestock producers, meat processors, and exporters of meat and livestock with an opportunity to consider the AMLC’s annual report, hear the Chairman's address, question AMLC members, and vote on motions related to AMLC operations and financing. Participation in the AGM is voluntary and open to those who meet the eligibility criteria and are enrolled on one of the two registers established by the AMLC, which are the register of livestock producers and the register of meat processors and exporters of meat or livestock. These registers form separate voting blocs with equal voting power, where livestock producers use a multiple voting system based on their livestock ownership, while processors and exporters each cast one vote. Passage of motions requires majority support from both voting blocs. The regulations specify the method for calculating the number of votes livestock producers can cast, the maintenance of registers, eligibility criteria for enrolment, application forms, required documentation, particulars to be entered on the registers, and annual returns to verify continuing eligibility and update stock ownership for voting purposes.
Key Provisions
The Australian Meat and Live-stock Corporation (Annual General Meeting of the Industry) Regulations, made under the Australian Meat and Live-stock Corporation Act 1977, detail the requirements for the AMLC to convene an Annual General Meeting (AGM) within three months after the tabling of each AMLC annual report in the House of Representatives (s. 1). The AGM provides an opportunity for industry participants to review the AMLC’s annual report, hear the Chairman’s address, question AMLC members, and vote on motions related to AMLC operations and financing (s. 2). Eligible livestock producers, meat processors, and exporters can participate in person or by proxy (s. 3). Participation is voluntary and requires enrolment on one of the two registers established by the AMLC: the register of livestock producers and the register of meat processors and exporters of meat or livestock (s. 4). Each register forms a separate voting bloc with equal voting power, and motions require majority support from each bloc (s. 5).
The Regulations impose obligations on the AMLC to establish and maintain the two registers and to prescribe various matters, including the method of calculating the number of votes for livestock producers, the manner of maintaining registers, and the classes of persons eligible for enrolment (s. 6). Livestock producers must submit annual returns to verify continuing eligibility and to reflect changes in stock ownership in their voting entitlement (s. 7). The AMLC must also ensure that the registers are maintained accurately and updated as necessary to reflect changes in industry participants' eligibility and voting entitlements (s. 8).
The Regulations do not explicitly state specific offences, penalties, or consequences for breaches. However, failure to comply with the requirements of the Regulations, such as not maintaining accurate registers or submitting annual returns, could lead to legal challenges or other consequences as determined by the courts or relevant authorities. The precise consequences would depend on the nature and extent of the breach, and whether it results in significant harm to the industry or undermines the integrity of the AGM process (s. 9).