Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

AUSTRALIAN WINE AND BRANDY CORPORATION (ANNUAL GENERAL MEETING OF THE INDUSTRY) AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 319

STATUTORY RULES 2000 No. 319

Issued by Authority of the Minister for Agriculture, Fisheries and Forestry

Australian Wine and Brandy Corporation Act 1980

Australian Wine and Brandy Corporation (Annual General Meeting of the Industry) Amendment Regulations 2000 (No. 1)

Section 46 of the Australian Wine and Brandy Corporation Act 1980 (the AWBC Act) provides that the Governor-General may make regulations necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Regulations amend the Australian Wine and Brandy Corporation (Annual General Meeting of the Industry) Regulations 1999. These regulations deal solely with Annual General Meetings (AGMs) held by the Australian Wine and Brandy Corporation (AWBC) and prescribe the conduct at such AGMs. They cover such areas as rights of members of the AWBC, voting on special motions and the conduct of tellers. The Agriculture, Fisheries and Forestry Legislation Amendment Act (No 1) 2000 amended the AWBC Act by removing Section 29Z, which covered voting at AGMs, and amended subparagraph 46(1)(a) to add the power to make regulations on the method of determining votes that an eligible producer may cast at AGMs.

The purpose of the Regulations is to provide for the amendments made to the AWBC Act and to prescribe the methods of voting at the AWBC's AGMs. The Regulations allow votes on motions (other than special motions as described in the Regulations) to be counted on the basis of one eligible producer one vote if voting is by a show of hands. They also allow an eligible producer, or the person chairing the meeting, to request a vote to be calculated on the same basis as for special motion, ie by ballot (one vote per whole dollar of levy/charge paid by an eligible producer). These amendments will allow for simple, non controversial motions to be dealt with in a straightforward way but still preserves the rights of levy/charge payers if they decide a vote on the basis of levy/charge paid is, in the circumstances, more appropriate. An example of a straightforward motion would be a motion of thanks to a retiring board member. Some minor technical changes were also made to the Regulations. These are to be found in Items 1, 2, 3 and 7.

The Australian Wine and Brandy Corporation (the Corporation) as the regulatory and promotional body, recommended the changes: The Regulations give effect to the Corporation's recommendations.

The Regulations commence on the same day as amendments to the AWBC Act which commence on 5 December 2000.

Details of the effects of the changes to the Regulations are listed below.

Regulation 1 gives the name of the Regulations as the Australian Wine and Brandy Corporation (Annual General Meeting of the Industry) Amendment Regulations 2000 (No. 1)

Regulation 2 states the Regulations commence upon the same day as items 1 to 7 of Schedule 2 (the AWBC Act amendments) to the Agriculture, Fisheries and Forestry Legislation Amendment Act (No 1) 2000.

Regulation 3 states Schedule 1 amends the Australian Wine and Brandy Corporation (Annual General Meeting of the Industry) Regulations 1999.

Schedule 1 Amendments

[Item 1] amends Regulation 3 by removing the definition of Levy Act. Levy Act refers to the Wine Grapes Levy Act 1979, this Act was repealed with effect from 1 January 2000.

[Item 2] amends Regulation 3 by replacing the definition of 'special motion'. This now makes reference to the replacement for the above mentioned Levy Act.

[Item 3] amends Regulation 3 by replacing the 'Note'. This adds a number of definitions.

[Item 4] replaces sub-regulation 8 (1), clarifying the eligibility of a voter.

[Item 5] replaces sub-regulation 8(4) allowing for a choice of voting methods, either by a simple show of hands or by ballot.

[Item 6] adds to sub-regulation 9(4) a further constraint on what the tellers may not disclose as a consequence of Item 5.

[Item 7] removes Regulations 12 and 13 which made reference to repealed Regulations, Statutory Rules 1987 No 264.