Live-Stock Producers Consultative Group Regulations

Legislation au C2004L05057 Regulations Not in force Legislative Instrument

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Statutory Rules

1980 No. 192

REGULATIONS UNDER THE AUSTRALIAN MEAT AND LIVE‑STOCK CORPORATION ACT 19771

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Meat and Live-stock Corporation Act 1977.

Dated this thirtieth day of June 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

PETER NIXON

Minister of State for Primary Industry

 

Live-Stock Producers Consultative Group Regulations

Citation

 1. These Regulations may be cited as the Live-stock Producers Consultative Group Regulations.

Repeal of Live-stock Producers Consultative Group (Temporary Provisions) Regulations

 2. Statutory Rules 1977 No. 149 are repealed.

Interpretation

 3. In these Regulations, unless the contrary intention appears —

“Chairman” means the Chairman of the Group;

“Group” means the Live-stock Producers Consultative Group established by section 41 of the Act;

“member” means a member of the Group;

“the Act” means the Australian Meat and Live-stock Corporation Act 1977.

Powers of Group

 4. The Group may do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of the functions conferred on it by the Act or these Regulations.

Membership of Group

 5. (1) The Group shall consist of 12 members, appointed by the Minister, of whom —

 (a) 8 shall have been nominated in writing by the body known as the Cattle Council of Australia; and

 (b) 4 shall have been nominated in writing by the body known as the Sheepmeat Council of Australia.

 (2) The performance of the functions or the exercise of the powers of the Group is not affected by reason of there being a vacancy or vacancies in the membership of the Group.

 (3) The appointment of a member is not invalidated, and shall not be called in question, by reason of a deficiency or irregularity in, or in connection with, his selection or appointment.

Term of office of members

 6. A member shall be appointed for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment.

Chairman

 7. (1) The members shall, from time to time, as occasion requires, elect one of their number to be the Chairman of the Group.

 (2) The Chairman holds office until —

 (a) he resigns his office by writing under his hand delivered to a meeting of the Group;

 (b) another member is elected Chairman of the Group; or

 (c) the Chairman ceases to be a member.

Deputies of members

 8. (1) The Minister may, if requested by the Group so to do, appoint 12 persons to be deputies of members of the Group.

 (2) Of the persons referred to in sub-regulation (1) —

 (a) 8 shall have been nominated in accordance with paragraph 5 (1) (a); and

 (b) 4 shall have been nominated in accordance with paragraph 5 (1) (b).

 (3) Where a member of the Group is unable to attend a meeting of the Group, he may call upon —

 (a) in the case of a member referred to in paragraph 5 (1) (a) — a person nominated in accordance with that paragraph to be a deputy of a member; and

 (b) in the case of a member referred to in paragraph 5 (1) (b) — a person nominated in accordance with that paragraph to be a deputy of a member,

 to act as his deputy for the duration of the meeting.

 (4) The Minister may, from time to time, as occasion requires —

 (a) revoke the appointment of a person under this regulation; and

 (b) appoint, in the place of a person nominated in accordance with paragraph 5 (1) (a) or (b) to be a deputy of a member, another person, nominated in accordance with paragraph 5 (1) (a) or (b), as the case requires, to be a deputy of a member.

 (5) A person called upon to be the deputy of a member for the purpose of a meeting of the Group is entitled to attend the meeting and, while so attending, shall be deemed to be a member.

Resignation of members

 9. A member may resign his office by writing under his hand delivered to the Minister.

Termination of appointments

 10. (1) Where —

 (a) a member is appointed as a member of the Corporation; or

 (b) the body by whom a member was nominated notifies the Minister in writing that it is no longer desired to retain the member as a nominee of the body,

 the Minister shall terminate the appointment of the member.

 (2) The provisions of sub-regulation (1) apply to and in relation to a deputy of a member in like manner as they apply to and in relation to a member.

Meetings of Group

 11. (1) Subject to this regulation, meetings of the Group shall be held at such times and places as the Group from time to time determines.

 (2) The first meeting of the Group shall be held at a time and place determined by the Minister.

 (3) The Chairman may at any time convene a meeting of the Group.

 (4) At a meeting of the Group, 7 members, of whom at least 1 is a member referred to in paragraph 5 (1) (b), constitute a quorum.

 (5) The Chairman shall preside at all meetings at which he is present.

 (6) In the event of the absence of the Chairman, the members present shall appoint one of their number to preside at the meeting.

 (7) A question arising at a meeting of the Group shall be decided by a majority of votes of the members present and voting.

 (8) The member presiding at a meeting of the Group has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

 (9) The Group shall keep a record of its proceedings.

 (10) The Group may from time to time invite a person to attend a meeting of the Group for the purpose of advising or informing the Group on any matter.

 (11) Subject to the preceding provisions of this regulation, the procedure at meetings of the Group shall be as determined by the Group.

Note

1. Notified in the Commonwealth of Australia Gazette on 8 July 1980.

Overview

The Live-stock Producers Consultative Group Regulations, made in 1980 under the Australian Meat and Live-stock Corporation Act 1977, were established to provide a structured framework for the operations of the Live-stock Producers Consultative Group. This group was intended to facilitate communication and consultation between the government and livestock producers, thereby addressing the need for a formal mechanism to represent the interests of the livestock industry in policy and regulatory discussions. The Regulations were enacted by the Governor-General, acting on the advice of the Federal Executive Council, and aim to ensure the effective functioning of the Consultative Group by outlining its powers, membership, and procedural aspects. These Regulations replaced the earlier Live-stock Producers Consultative Group (Temporary Provisions) Regulations, providing a more permanent and detailed governance structure for the Group.

Scope and Application

The Live-stock Producers Consultative Group Regulations, made under the Australian Meat and Live-stock Corporation Act 1977, establish the framework for the operation of the Live-stock Producers Consultative Group. This Group is constituted under section 41 of the Act and comprises twelve members, with eight nominated by the Cattle Council of Australia and four by the Sheepmeat Council of Australia. These members are appointed by the Minister for a term not exceeding five years and are eligible for reappointment. The Group elects its own Chairman, who holds office until resignation, replacement by another member, or cessation of membership. The Regulations also provide for the appointment of deputies to attend meetings in the absence of Group members, with the Minister having the authority to appoint and revoke these deputies. The Group's functions, powers, and procedures, including the convening of meetings and the establishment of a quorum, are detailed within the Regulations, allowing for the efficient and effective conduct of its activities. The Regulations further address the circumstances under which a member's appointment may be terminated and provide for the resignation process.

Key Provisions

The Live-stock Producers Consultative Group Regulations (1980) outline the structure and functions of the Live-stock Producers Consultative Group, which is established under section 41 of the Australian Meat and Live-stock Corporation Act 1977. The Group, consisting of 12 members, is appointed by the Minister for Primary Industry, with 8 members nominated by the Cattle Council of Australia and 4 by the Sheepmeat Council of Australia (Regulation 5). The Group has the authority to undertake all necessary actions related to the functions assigned to it by the Act or these Regulations (Regulation 4). The members serve terms of up to 5 years and can be reappointed (Regulation 6). The Group elects its own Chairman from among its members, and the Chairman holds office until resignation, replacement, or cessation of membership (Regulation 7). In the event of a member's absence, a deputy may be appointed to act on their behalf (Regulation 8). The Group is required to hold meetings at times and places determined by the Group itself, with the first meeting scheduled by the Minister (Regulation 11). The obligations under these Regulations include the nomination of members by the Cattle Council of Australia and the Sheepmeat Council of Australia, as well as the appointment of deputies when necessary (Regulations 5 and 8). The Group must maintain records of its proceedings and may invite external advisors to attend its meetings (Regulation 11). Members of the Group must adhere to the terms of their appointment and can resign by submitting a written notice to the Minister (Regulations 6 and 9). The Minister has the authority to terminate appointments if a member joins the Corporation or if the nominating body withdraws its nomination (Regulation 10). Breaches of the obligations under these Regulations may not be explicitly outlined in the statutory rules provided, but any non-compliance with the Australian Meat and Live-stock Corporation Act 1977 or these Regulations could potentially lead to legal consequences. The Act itself might include provisions for penalties or enforcement actions, although specific penalties are not detailed in the provided text. It is important for those governed by these Regulations to ensure adherence to the stipulated procedures and obligations to avoid any potential legal ramifications.

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Agriculture & Food
Instrument
Regulation
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Definitions & Interpretation
Delegation & Subordinate Legislation
Membership & Appointment
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