Australian Meat and Live-stock Legislation (Consequential Amendments and Transitional Provisions) Act 1985
Part VIRepeal of Certain Acts and Consequent Transitional Provisions
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An Act to make certain amendments and enact certain transitional provisions in consequence of the enactment of the Australian Meat and Live‑stock Research and Development Corporation Act 1985, and for related purposes
Part I—Preliminary
1 Short title
This Act may be cited as the Australian Meat and Live‑stock Legislation (Consequential Amendments and Transitional Provisions) Act 1985.
2 Commencement
(1) Sections 1, 2, 3, 5, 6, 7 and 8, sub‑sections 13(1) and 15(1), sections 18, 19 and 20, sub‑section 21(1) and sections 22 to 32 (inclusive) shall come into operation on the day on which this Act receives the Royal Assent.
(2) Sub‑section 4 (2), sections 9 to 12 (inclusive), sub‑section 13(2), section 14 and sub‑section 15(2) shall come into operation on a day to be fixed by Proclamation for the purposes of this sub‑section.
(3) The remaining provisions of this Act shall come into operation on the day fixed by Proclamation for the purposes of sub‑section 2(2) of the Australian Meat and Live‑stock Research and Development Corporation Act 1985.
(4) The amendments made by sections 5, 6, 8, sub‑sections 13(1), 15(1) and 21(1) and section 32 shall be deemed to have taken effect on 6 July 1984.
Part II—Amendments of the Australian Meat and Live‑Stock Corporation Act 1977
3 Principal Act
The Australian Meat and Live‑stock Corporation Act 1977 is in this Part referred to as the Principal Act.
4 Interpretation
(1) Section 5 of the Principal Act is amended by inserting after the definition of “register” in sub‑section (1) the following definition:
Research and Development Corporation means the Australian Meat and Live‑stock Research and Development Corporation established by section 4 of the Australian Meat and Live‑stock Research and Development Corporation Act 1985.
(2) Section 5 of the Principal Act is amended by omitting from sub‑section (2) “, being applications that are to be considered and dealt with before the meeting,”.
5 Functions of Corporation
Section 7 of the Principal Act is amended by omitting sub‑paragraph (e)(ii) and substituting the following sub‑paragraph:
“(ii) with respect to the making of regulations prescribing an amount per head for the purposes of paragraph 6(1)(a), 6A(1)(a), 6B(1)(a), 6C(1)(a), 6D(1)(a), 6E(1)(a) or 6F(1)(a) of the Live‑stock Slaughter Levy Act 1964 or for the purposes of paragraph 7(1)(a), 8(1)(a), 9(1)(a), 10(1)(a) or 11(1)(a) of the Live‑stock Export Charge Act 1977; and”.
6 Other powers
Section 15 of the Principal Act is amended by omitting from paragraph (1)(a) “owned by the Corporation”.
7 Orders by Corporation
Section 16M of the Principal Act is amended:
(a) by omitting from sub‑section (3) “of State for Administrative Services” and substituting “for Sport, Recreation and Tourism”; and
(b) by omitting from sub‑section (3) “of State for Primary Industry” and substituting “administering this Act”.
8 Remuneration and allowances of member, &c.
Section 26 of the Principal Act is amended by omitting paragraphs (1)(b) and (c) and substituting the following word and paragraph:
“or (b) a member of a committee established by the Corporation under section 16,”.
9 Corporation to convene annual general meeting
Section 30B of the Principal Act is amended:
(a) by omitting from sub‑section (1) “the tabling of each annual report in” and substituting “each annual report of the Corporation is laid before”;
(b) by omitting from sub‑section (2) “the tabling of each annual report of the Corporation in” and substituting “each annual report of the Corporation is laid before”;
(c) by omitting from paragraph (2)(a) “the tabling of that annual report” and substituting “the laying of that annual report before the House of Representatives”;
(d) by omitting from paragraph (2)(c) “, being applications that are to be considered and dealt with before the annual general meeting” and substituting “referred to in paragraph (a)”; and
(e) by omitting from sub‑paragraph (4)(d)(ii) “by” and substituting “on behalf of”.
10 Persons proposing to move certain motions to inform the Corporation
Section 30C of the Principal Act is amended by omitting sub‑section (3) and substituting the following sub‑section:
“(3) A person who gives to the Corporation a notice of a motion that the person proposes to move at an annual general meeting‑
(a) may include in that notice a statement, not exceeding 1,000 words in length, in support of that motion; and
(b) may include in that notice, or in a notice in writing given to the Corporation at any time before the day of closure of the registers for the purposes of the annual general meeting, such evidence, of support for the motion by persons who are entered on either or both of the registers as the person considers appropriate.”.
11 Corporation to give notice of meeting and motions
Section 30D of the Principal Act is amended by omitting from sub‑paragraph (1)(a)(i) “if any motion was specified in the notice published by the Corporation in the Gazette in accordance with sub‑section 30B(2) ‑ the terms of that motion” and substituting “the terms of any motion proposed to be moved on behalf of the Corporation for the purpose of endorsing a recommendation of a kind referred to in paragraph 30B(2)(b)”.
12 Proxies
Section 30E of the Principal Act is amended:
(a) by omitting from sub‑section (2) “in which case the proxy shall not” and substituting “, in which case the proxy is not entitled to”; and
(b) by omitting from sub‑section (3) “shall be in a form approved by the Minister for the purposes of this sub‑section and shall be” and substituting “is not effective unless it is in a form approved by the Minister for the purposes of this sub‑section and is”.
13 Conduct of meetings
(1) Section 30F of the Principal Act is amended by omitting from paragraph (1)(b) “date” (wherever occurring) and substituting “day”.
(2) Section 30F of the Principal Act is amended:
(a) by omitting from paragraph (1)(d) “the necessity for a person other than a member of the Corporation to preside” and substituting “the requirement of sub‑section 30H(1) that a member of the staff of the Corporation preside”; and
(b) by omitting from sub‑section (2) “The” and substituting “Subject to sub‑section 30H(1), the”.
14 Voting at annual general meetings
Section 30G of the Principal Act is amended:
(a) by omitting from sub‑section (2) “Where” and substituting “Subject to sub‑section (3), where”;
(b) by omitting sub‑sections (4), (5) and (6) and substituting the following sub‑sections:
“(4) Subject to sub‑section (7), where a motion of the kind referred to in sub‑paragraph 30B(4)(d)(i) is moved at an annual general meeting, that motion shall be taken to have been passed if, and only if‑
(a) the number of votes cast by virtue of sub‑section (1) in support of the motion, either in person or by proxy, by persons entered on the register referred to in that sub‑section constitutes a majority of the votes cast by virtue of that sub‑section, either in person or by proxy, by persons entered on that register; and
(b) the number of votes cast by virtue of sub‑section (2) in support of the motion, either in person or by proxy, by persons entered on the register referred to in that sub‑section constitutes a majority of the votes cast by virtue of that sub‑section, either in person or by proxy, by persons entered on that register.
“(5) Where a motion of the kind referred to in sub‑paragraph 30B(4)(d)(ii) is moved at an annual general meeting, the motion shall be taken to have been passed unless‑
(a) the number of votes cast by virtue of sub‑section (1) against the motion, either in person or by proxy, by persons entered on the register referred to in that sub‑section and entitled to vote exceeds 75% of the number of votes that would have been cast by virtue of that sub‑section if all persons entered on that register on the day of closure of that register for the purposes of the meeting and entitled to vote had voted on the motion; and
(b) the number of votes cast by virtue of sub‑section (2) against the motion, either in person or by proxy, by persons entered on the register referred to in that sub‑section and entitled to vote exceeds 75% of the number of votes that would have been cast by virtue of that sub‑section if all persons entered on that register on the day of closure of that register for the purposes of the meeting and entitled to vote had voted on the motion.
“(6) Where a motion of the kind referred to in sub‑paragraph 30B(4)(d)(iii) is moved at an annual general meeting, the motion shall be taken to have been passed if, and only if‑
(a) the number of votes cast by virtue of sub‑section (1) in support of the motion, either in person or by proxy, by persons entered on the register referred to in that sub‑section and entitled to vote exceeds 75% of the votes that would have been cast by virtue of that sub‑section if all persons entered on that register on the day of closure of that register for the purposes of the meeting and entitled to vote had voted on the motion; and
(b) the number of votes cast by virtue of sub‑section (2) in support of the motion, either in person or by proxy, by persons entered on the register referred to in that sub‑section and entitled to vote exceeds 75% of the number of votes that would have been cast by virtue of that sub‑section if all persons entered on that register on the day of closure of that register for the purposes of the meeting and entitled to vote had voted on the motion.”; and
(c) by omitting sub‑section (9) and substituting the following sub‑section:
“(9) For the purposes of sub‑sections (5) and (6), every person who was entered on a register on the day of closure of the register for the purposes of an annual general meeting shall be taken to be entitled to vote at the meeting by virtue of being so entered on the register unless the Corporation is satisfied that the person has ceased since that day to be entitled to be entered on the register.”.
15 Motions of no confidence
(1) Section 30H of the Principal Act is amended by omitting from sub‑section (4) “may” (second occurring) and substituting “shall”.
(2) Section 30H of the Principal Act is amended‑
(a) by inserting in sub‑section (1) “selected by the Chairman” after “the staff of the Corporation”; and
(b) by omitting from sub‑section (5) all the words after paragraph (c) and substituting the following:
“and the Corporation, while constituted in accordance with this sub‑section, may perform all the functions and exercise all the powers of the Corporation except the power to appoint the Managing Director”.
16 Corporation to establish and maintain certain registers
Section 30J of the Principal Act is amended by inserting after sub‑section (7) the following sub‑section:
“(7A) Where‑
(a) an application by a person to be entered on a register is received by the Corporation on or before the day of closure of that register‑
(i) for the purposes of a particular annual general meeting to be convened in accordance with section 30B; or
(ii) for the purposes of a particular annual general meeting to be convened in accordance with section 22 of the Australian Meat and Live‑stock Research and Development Corporation Act 1985; and
(b) after the day of closure of that register the Corporation becomes satisfied, after considering that application, that the person is entitled to be entered on the register, and, pursuant to sub‑section (7), enters that person and such particulars of that person as are prescribed on that register,
that entry by the Corporation of that person and those particulars on that register shall be deemed to have been made for the purposes of this Act and of the Australian Meat and Live‑stock Research and Development Corporation Act 1985, as an entry made on the day of closure of that register.”.
17
Section 30L of the Principal Act is repealed and the following sections are substituted:
Research and Development Corporation to be notified of cost of maintaining registers
“30L. (1) The Corporation shall‑
(a) as soon as practicable after 30 June next following the day of commencement of this section calculate the amount of expenditure incurred by the Corporation in the period that commenced on the day of commencement of this section and ended on that 30 June; and
(b) as soon as practicable after each subsequent 30 June calculate the amount of expenditure incurred by the Corporation in the period of one year that ended on that 30 June,
for the purpose of maintaining the registers established under sub‑sections 30J(1) and (2).
“(2) Where the Corporation has calculated an amount under sub‑section (1), the Corporation shall give to the Research and Development Corporation a notice in writing specifying the amount of expenditure so incurred by the Corporation and providing particulars of the various matters in respect of which that expenditure was incurred.
Corporation to provide access to registers
“30LA. The Corporation shall provide to the Research and Development Corporation such access to the registers as is necessary to enable the Research and Development Corporation to conduct its annual general meeting in the manner required by Part IV of the Australian Meat and Live‑stock Research and Development Corporation Act 1985.”.
18 Repeal of section 33
Section 33 of the Principal Act is repealed.
19
After section 37 of the Principal Act the following section is inserted:
Research and Development Corporation to be informed of Selection Committee's costs and expenses
“37A. Where the Australian Meat and Live‑stock Industry Selection Committee has notified the Meat and Live‑stock Corporation under section 22A of the Australian Meat and Live‑stock Industry Selection Committee Act 1984 that the whole or a part of any costs and expenses incurred by that Committee related to the selection of members of the Research and Development Corporation, the Meat and Live‑stock Corporation shall, as soon as practicable after it has paid those costs and expenses, notify the Research and Development Corporation, in writing, of the nature and amount of those costs and expenses or of that part of those costs and expenses, as the case requires.”.
Part III—Amendments of the Australian Meat and Live‑Stock Industry Policy Council Act 1984
20 Principal Act
The Australian Meat and Live‑stock Industry Policy Council Act 1984 is in this Part referred to as the Principal Act.
21 Membership of Council
(1) Section 9 of the Principal Act is amended by omitting from paragraph (1)(d) “President” and substituting “Chairman”.
(2) Section 9 of the Principal Act is amended by omitting from paragraph (1)(h) “Chairman of the Australian Meat Research Committee” and substituting “Chairperson of the Australian Meat and Live‑stock Research and Development Corporation”.
Part IV—Amendments of the Australian Meat and Live‑Stock Industry Selection Committee Act 1984
22 Principal Act
The Australian Meat and Live‑stock Industry Selection Committee Act 1984 is in this Part referred to as the Principal Act.
23 Title
The title of the Principal Act is amended by omitting “the Australian Meat and Live‑stock Corporation” and substituting “certain corporations”.
24 Interpretation
Section 3 of the Principal Act is amended‑
(a) by omitting the definition of “Corporation” and substituting the following definitions:
“ 'Meat and Live‑stock Corporation' means the Australian Meat and Live‑stock Corporation established by section 6 of the Australian Meat and Live‑stock Corporation Act 1977;
'meat and live‑stock research and development' means systematic experimentation or analysis in any field of science, technology or economics carried out with the object of‑
(a) acquiring knowledge that may be of use for the purpose of improving any aspect of the production, processing, storage, transport or marketing of meat or live‑stock; or
(b) applying knowledge for the purpose referred to in paragraph (a);”;
(b) by inserting after the definition of “member” the following definition:
“ 'Research and Development Corporation' means the Australian Meat and Live‑stock Research and Development Corporation as it will be, or is, established by section 4 of the Australian Meat and Live‑stock Research and Development Corporation Act 1985;”; and
(c) by adding at the end the following sub‑section:
“(2) A reference in this Act to the Australian Meat and Live‑stock Research and Development Corporation Act 1985 is a reference to that Act as in force on and after the day fixed by Proclamation for the purposes of sub‑section 2 (2) of that Act.”.
25 Functions of Committee
Section 5 of the Principal Act is amended‑
(a) by omitting from paragraph (b) “and” (last occurring); and
(b) by inserting after paragraph (b) the following paragraphs:
“(ba) to select persons to be nominated for appointment as members of the Research and Development Corporation as constituted under section 12 of the Australian Meat and Live‑stock Research and Development Corporation Act 1985 , being members who are referred to in paragraph (1)(d) of that section;
(bb) to select persons to be nominated for appointment as members of the Research and Development Corporation as constituted under sub‑section 28 (5) of the Australian Meat and Live‑stock Research and Development Corporation Act 1985, being members who are referred to in paragraph (c) of that sub‑section; and”.
26 Heading to Part III
The heading to Part III of the Principal Act is amended by omitting “Corporation” and substituting “Meat and Live‑stock Corporation”.
27 Selection of persons for nomination
Section 8 of the Principal Act is amended by omitting from sub‑section (3) “Corporation” (first occurring) and substituting “Meat and Live‑stock Corporation”.
28
After Part III of the Principal Act the following Part is inserted:
“Part IIIA—Selection and Nomination of Candidates for Appointment to Research and Development Corporation
Minister may request nominations
“10A. The Minister shall‑
(a) for the purpose of appointing the members referred to in paragraphs 5(ba) and (bb); and
(b) for the purpose of filling a vacancy caused by the resignation of, or termination of the appointment of, any of the members so referred to, by notice in writing given to the Committee, request the Committee to give to the Minister, within such period as is specified in the notice, the names of persons, or the name of a person, as the case requires, considered by the Committee to be suitable for appointment as such members or as such a member.
Selection of persons for nomination
“10B. (1) A person is not entitled to be nominated by the Committee for appointment as a member of the Research and Development Corporation, being a member referred to in paragraph 5(ba), unless the person possesses qualifications relevant to, or has experience in, one or more of the following fields of activity:
(a) live‑stock production;
(b) meat production;
(c) meatworks operation;
(d) meat and live‑stock research and development;
(e) marketing;
(f) administration of research and development;
(g) economics;
(h) finance;
(j) business management.
“(2) In selecting, pursuant to sub‑section (1), persons for nomination for appointment as members of the Research and Development Corporation, the Committee shall choose from the available candidates such persons as will best ensure that the members of the Research and Development Corporation collectively possess qualifications and experience in all the fields of activity referred to in paragraphs (1)(a) to (j) (inclusive).
“(3) A person who is or has been a member of the Committee is not eligible for nomination for appointment to the Research and Development Corporation (whether constituted under section 12 or sub‑section 28(5) of the Australian Meat and Live‑stock Research and Development Corporation Act 1985) until a period of 3 years has elapsed after the person ceased or last ceased to be a member.
“(4) A person is eligible for nomination for appointment to the Research and Development Corporation notwithstanding that a proposal for the person's nomination has been rejected at a previous meeting of the Committee or that a nomination for the person's appointment to the Research and Development Corporation has previously been rejected by the Minister.
Nominations
“10C. (1) The Committee shall, by the day specified by the Minister in a notice requesting the nomination of a person or persons for appointment to the Research and Development Corporation, inform the Minister, by notice in writing, of the name or names of the person or persons whom it considers suitable for such appointment.
“(2) Subject to sub‑section 10D(1), the Committee shall make only one nomination in respect of each appointment to be made by the Minister.
“(3) The notice specifying the name of a person or the names of persons nominated for appointed to the Research and Development Corporation shall be accompanied by‑
(a) a statement in respect of the person, or of each of the persons, so nominated‑
(i) containing details of the person's qualifications or experience in any one or more of the fields of activity referred to in paragraphs 10B(1)(a) to (j) (inclusive); and
(ii) containing such other information relating to the person as the Committee thinks appropriate to include so as to assist the Minister in considering whether to appoint the person; and
(b) except in the case of an appointment or appointments to the Research and Development Corporation as constituted under sub‑section 28(5) of the Australian Meat and Live‑stock Research and Development Corporation Act 1985 ‑a statement specifying how, in the opinion of the Committee, the nomination or nominations in question will best ensure that the members of the Research and Development Corporation collectively possess qualifications and experience in all of those fields of activity.
“(4) If the Minister considers the information contained in a statement required to be given under sub‑section (3) to be inadequate to enable proper consideration of the suitability of a person nominated for appointment, the Minister may, by notice in writing, require the Committee, by such day as is specified in the notice, to provide the Minister with such further information of the kind referred to in the paragraph of sub‑section (3) that relates to that statement as is specified in the notice.
Minister may reject nomination
“10D. (1) If the Minister is not satisfied as to the suitability of a person nominated for appointment, the Minister may inform the Committee, by notice in writing, that he or she rejects the nomination and may include in that notice a further request for a nomination.
“(2) For the purposes of this Act, that further request shall be considered as a request made under and in accordance with section 10A.”.
29 Minister may request nominations
Before section 23 of the Principal Act the following section is inserted in Part VI:
Committee to notify costs and expenses
22A. (1) Where the Committee incurs costs and expenses, either before or after the commencement of this section, it shall notify the Meat and Live‑stock Corporation of the costs and expenses so incurred and, if the whole or any part of those costs and expenses were incurred by the Committee in relation to the selection of members of the Research and Development Corporation, whether constituted under section 12 or sub‑section 28 (5) of the Australian Meat and Live‑stock Research and Development Corporation Act 1985, the Committee shall identify, in that notice, the costs and expenses, or the part of the costs and expenses, that were incurred in relation to those activities.
“(2) In this section, a reference to costs and expenses incurred by the Committee shall be taken to include a reference to the remuneration and allowances payable to the Chairman and the acting Chairman (if any) of that Committee, to the members of that Committee other than the Chairman and to the deputies of those members and to staff of, and consultants to, that Committee.”.
30 Amendment of certain provisions of Principal Act
The Principal Act is amended as set out in Schedule 1.
Part V—Amendment of the Meat Research Act 1960
31 Principal Act
The Meat Research Act 1960 is in this Part referred to as the Principal Act.
32 Australian Meat Research Committee
Section 8 of the Principal Act is amended by omitting from paragraph (1)(a) “Corporation” and substituting “Minister”.
Part VI—Repeal of Certain Acts and Consequent Transitional Provisions
33 Interpretation
In this Part, unless the contrary intention appears‑
“commencing day” means the day fixed by Proclamation for the purposes of sub‑section 2 (2) of the Australian Meat and Live‑stock Research and Development Corporation Act 1985;
“Committee” means the Australian Meat Research Committee established under sub‑section 8 (1) of the Act;
“Corporation” means the Australian Meat and Live‑stock Research and Development Corporation established by section 4 of Australian Meat and Live‑stock Research and Development Corporation Act 1985;
“Research Account” means the Meat Research Trust Account established under sub‑section 4 (1) of the Act;
“the Act” means the Meat Research Act 1960.
34 Money in Research Account to be paid to Corporation
(1) Upon the commencing day, any money that, immediately before that day, stood to the credit of the Research Account, and investments representing any of that money, shall be paid or transferred to the Corporation.
(2) For the purposes of this section, “the Research Account” includes the special account referred to in section 6A of the Act.
35 Money in respect of levy, charge, &c., to be paid to Corporation
(1) There shall be paid to the Corporation on, or as soon as practicable after, the commencing day, an amount equal to the aggregate of‑
(a) amounts received by the Commonwealth before the commencing day as levy under the Live‑stock Slaughter Levy Collection Act 1969 by virtue of paragraphs 6(1)(b) and (c), 6A(1)(b) and (c), 6B(1)(b) and (c), 6C(1)(b) and (c), 6D(1)(b) and (c), 6E(1)(b) and (c) or 6F(1)(b) and (c) of the Live‑stock Slaughter Levy Act 1964;
(b) amounts received by the Commonwealth before the commencing day under section 7, and as penalties under section 9, of the Live‑stock Slaughter Levy Collection Act 1964;
(c) amounts received by the Commonwealth before the commencing day as charge under the Live‑stock Export Charge Collection Act 1977 by virtue of paragraphs 7(1)(b), 8(1)(b), 9(1)(b), 10(1)(b) and 11(1)(b) of the Live‑stock Export Charge Act 1977;
(d) amounts received by the Commonwealth before the commencing day as penalties under section 6 of the Live‑stock Export Charge Collection Act 1977;
(e) amounts of money payable into the Research Account by the Commonwealth before the commencing day by virtue of paragraph 5(1)(b) of the Act;
(f) amounts of money referred to in paragraph 5(1)(c) of the Act that are paid to the Commonwealth before the commencing day; and
(g) amounts of money referred to in paragraph 5(1)(d) of the Act that are received by the Commonwealth before the commencing day, that have not been taken into account in making a payment into the Research Account under sub‑section 5(1) of the Act.
(2) Amounts payable by virtue of paragraph (1)(a), (b), (c), (d) or (e) are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.
36 Certain arrangements and agreements to continue in force
An arrangement or agreement entered into on behalf of the Commonwealth by the Minister administering the Act or by an officer authorized by that Minister to act under section 7 of the Act, being an arrangement or agreement that was in force immediately before the commencing day, shall have effect, on and after the commencing day, as if‑
(a) the Corporation were substituted for the Commonwealth as a party to the arrangement or agreement;
(b) any requirement in the arrangement or agreement for a matter to be determined by, or agreed to by, the Minister administering the Act were a requirement for that matter to be determined by, or agreed to by, the Corporation; and
(c) any requirement in the arrangement or agreement that money be paid from the Research Account were a requirement that that money be paid from the funds of the Corporation.
37 Certain amounts to be paid from Corporation funds
Any amount that was, immediately before the commencing day, payable under section 14, 15 or 16 of the Act from the Research Account may be paid, on or after that day, by the Corporation from the funds of the Corporation.
39 Repeal of Acts
The Acts specified in Schedule 2 are repealed.
Part Part VI - Australian Meat and Live-stock Legislation (Consequential Amendments and Transitional Provisions) Act 1985 - Repeal of Certain Acts and Consequent Transitional Provisions | Zoe