EXPLANATORY STATEMENT
STATUTORY RULES 1987 No. 264
Issued by the authority of the Minister for Primary Industries and Energy
AUSTRALIAN WINE AND BRANDY CORPORATION ACT 1980
AUSTRALIAN WINE AND BRANDY CORPORATION
(ANNUAL GENERAL MEETING OF THE INDUSTRY) REGULATIONS
The Australian Wine and Brandy Corporation Act 1980 provides for the Governor-General to make regulations concerning the annual general meeting of the industry. The Act specifies that the purpose of the annual general meeting is to provide an opportunity for eligible winemakers to: consider the most recent annual report of the Corporation; receive an address by the Chairperson; question members of the Corporation; and to debate, and vote upon, any motion relating to a matter within the responsibilities of the Corporation.
These regulations specify the procedure for the conduct of annual general meetings and the method of allocation of voting rights to winemakers eligible to attend and vote at the meeting. The three national winemaker organisations have been consulted concerning the provisions contained in the regulations. None of these organisations has registered any major objections to the provisions.
The regulations provide that the Corporation and eligible winemakers may give notice of motions proposed to be moved at a meeting. Notice is required of special motions proposed to be moved which concern the Corporation’s auditor and the amount of levy which funds the Corporation otherwise such motions cannot be moved at a meeting.
The appointment of proxies is provided for in the regulations and a proxy has the same right to vote and speak on a matter as an eligible winemaker.
In accordance with the Act the regulations specify that eligible winemakers are entitled to one vote for each whole dollar of their liability for the payment of the levy which funds the operations of the Corporation.
In order to protect the confidentiality of levy liability and voting rights the regulations provide for the Secretary of the Department to nominate tellers for appointment by the Chairman of the Corporation. The regulations place such tellers under a duty of confidence.
These regulations will provide a procedure for the efficient and effective conduct of annual general meetings of the Corporation.