Meat and Live-stock Industry Regulations

MEAT AND LIVE-STOCK INDUSTRY REGULATIONS

Consolidated to 1 September 1997

NOTES

The Meat and Live-stock Industry Regulations in force under the Meat and Live-stock Industry Act 1995 comprise Statutory Rules 1995 No. 203 as amended by the other Statutory Rules specified in the following table:

Table of Statutory Rules

Table of Amendments

ad.= added or inserted am.= amended rep.= repealed rs.= repealed and substituted

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><tbody><tr><td style="width:187.65pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="widows:2; orphans:2; font-size:13pt"><span style="font-family:Times, serif">Provision amended</span></p></td><td style="width:152.25pt; border-top:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="widows:2; orphans:2; font-size:13pt"><span style="font-family:Times, serif">How affected</span></p></td><td style="vertical-align:top"></td></tr><tr><td style="width:187.65pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="widows:2; orphans:2; font-size:13pt"><span style="font-family:Times, serif"></span></p></td><td style="width:152.25pt; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="widows:2; orphans:2; font-size:13pt"><span style="font-family:Times, serif"></span></p></td><td style="vertical-align:top"></td></tr><tr><td style="width:190.45pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-left:3.85pt; widows:2; orphans:2; font-size:13pt"><span style="font-family:Times, serif">R. 3</span></p></td><td colspan="2" style="width:156.3pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-left:3.85pt; widows:2; orphans:2; font-size:13pt"><span style="font-family:Times, serif">am. 1995 No. 413</span></p></td></tr><tr><td style="width:190.45pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-left:3.85pt; widows:2; orphans:2; font-size:13pt"><span style="font-family:Times, serif">R. 3A</span></p></td><td colspan="2" style="width:156.3pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-left:3.85pt; widows:2; orphans:2; font-size:13pt"><span style="font-family:Times, serif">ad. 1997 No. 209</span></p></td></tr><tr><td style="width:190.45pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-left:3.85pt; widows:2; orphans:2; font-size:13pt"><span style="font-family:Times, serif"></span></p></td><td colspan="2" style="width:156.3pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-left:3.85pt; widows:2; orphans:2; font-size:13pt"><span style="font-family:Times, serif">rep. 1997 No. 209</span></p></td></tr><tr><td style="width:190.45pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-left:3.85pt; widows:2; orphans:2; font-size:13pt"><span style="font-family:Times, serif">Part 6A (r. 26A)</span></p></td><td colspan="2" style="width:156.3pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-left:3.85pt; widows:2; orphans:2; font-size:13pt"><span style="font-family:Times, serif">ad. 1995 No. 413</span></p></td></tr><tr><td style="width:190.45pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-left:3.85pt; widows:2; orphans:2; font-size:13pt"><span style="font-family:Times, serif">R. 26A</span></p></td><td colspan="2" style="width:156.3pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-left:3.85pt; widows:2; orphans:2; font-size:13pt"><span style="font-family:Times, serif">ad. 1995 No. 413</span></p></td></tr><tr><td style="width:190.45pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-left:3.85pt; widows:2; orphans:2; font-size:13pt"><span></span></p></td><td colspan="2" style="width:156.3pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-left:3.85pt; widows:2; orphans:2; font-size:13pt"><span></span></p></td></tr><tr><td style="width:190.45pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-left:0.2pt; widows:2; orphans:2; font-size:13pt"><span></span></p></td><td colspan="2" style="width:156.3pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="widows:2; orphans:2; font-size:13pt"><span></span></p></td></tr><tr><td style="width:190.45pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="margin-left:0.2pt; widows:2; orphans:2; font-size:13pt"><span></span></p></td><td colspan="2" style="width:156.3pt; padding-right:4pt; padding-left:4pt; vertical-align:top"><p style="widows:2; orphans:2; font-size:13pt"><span></span></p></td></tr><tr style="height:0pt"><td style="width:198.45pt"></td><td style="width:163.05pt"></td><td style="width:1.25pt"></td></tr></tbody></table>

Statutory Rules 1995 No. 203

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Meat and Live-stock Industry Regulations

TABLE OF PROVISIONS

Regulation

PART 1—PRELIMINARY

PART 2—CONFERENCES

PART 3—GENERAL MEETINGS

PART 4—REGISTERS

PART 5—PRESCRIBED SCHEMES

PART 6—PRESCRIBED BODIES AND ORGANISATIONS

PART 6A—GROSS VALUE OF PRODUCTIONOF INDUSTRY

PART 7—LIABILITY TO TAXATION

SCHEDULE

FORMS

Statutory Rules 1995 No. 203

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Meat and Live-stock Industry Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Meat and Live-stock Industry Act 1995.

Dated 30 June 1995.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

BOB COLLINS

Minister for Primary Industries and Energy

____________

PART 1—PRELIMINARY

Citation

1. These Regulations may be cited as the Meat and Live‑stock Industry Regulations.

Commencement

2. These Regulations commence on 1 July 1995.

Interpretation

3. (1) In these Regulations, unless the contrary intention appears:

“ABARE” means the Australian Bureau of Agricultural and Resource Economics;

“Act” means the Meat and Live-stock Industry Act 1995;

“cattle producer” has the same meaning as in section 52 of the Act;

“live-stock producer” has the same meaning as in section 52 of the Act;

“owner”, in relation to live-stock the subject of a mortgage or other security, includes a person who has rights in the nature of an equity of redemption in respect of the live-stock;

“person” includes a body politic or corporate, a partnership and the trustee or trustees of a trust estate;

“prescribed annual general meeting” means:

(a) the annual general meeting at which the annual report of AMLC that relates to the financial year ending on 30 June 1997 is considered; and

(b) the third annual general meeting following that meeting and each succeeding third annual general meeting following a prescribed annual general meeting;

“proxy” means a person appointed in accordance with regulation 12;

“register” has the same meaning as in section 52 of the Act;

“register of cattle producers” means the register established under paragraph 88 (1) (b) of the Act;

“register of exporters and processors” means the register established under paragraph 88 (1) (c) of the Act;

“register of non-bovine live-stock producers” means the register established under paragraph 88 (1) (a) of the Act;

“registered cattle producer” means a person whose name is entered on the register of cattle producers;

“registered exporter or processor” means a person whose name is entered on the register of exporters and processors;

“registered non-bovine live-stock producer” means a person whose name is entered on the register of non-bovine live-stock producers;

“registered person” means a person whose name is entitled to be, and is, entered on a register kept under subsection 88 (1) of the Act on the day of closure of the register for the purpose of a conference or a general meeting;

“return” means a return required to be sent to AMLC under subsection 91 (1) of the Act.

(2) A reference in these Regulations to any species of live-stock is taken to include a reference to juvenile progeny of that species.

(3) For the purposes of these Regulations:

(a) 1 cattle species animal is taken to be 10 cattle units;

(b) 1 goat is taken to be 1 live-stock unit;

(c) 1 sheep is taken to be 1 live-stock unit.

* * * * * * * *

PART 2—CONFERENCES

Publication of notice of industry conference

4. (1) For the purposes of subsection 21 (5) of the Act, the prescribed number of days is 70.

(2) A notice of a conference published under subsection 21 (5) of the Act must include a statement that the registers will be closed for the purposes of the conference, and of any annual general meeting to be held during the conference, and state the date of closure.

Notice to registered persons

5. The Council must send to each registered person, at the address of that person last known to the Council, not less than 42 days before the day on which an industry conference is to begin, a notice setting out:

(a) the days, times and place of the conference; and

(b) the day, time and place of any annual general meeting to be held during the conference.

PART 3—GENERAL MEETINGS

Notice to registered persons of meeting and motions—annual general meetings

Note: [NOTE: Subsection 22 (1) of the Act provides that an annual general meeting is to be held during each conference of the industry. The published notice of the conference must include notice of the meeting: see paragraph 21 (6) (c) of the Act.]

6. (1) The Council must send to each registered person, at the address of that person last known to the Council, not less than 42 days before the day on which an annual general meeting is to be held:

(a) a notice setting out:

(i) the day, time and place of the meeting; and

(ii) the terms of any motion proposed to be moved by the Chairperson or by a person appointed by the Chairperson; and

(iii) the terms of any motion proposed to be moved by the Chairperson of AMLC or by a person appointed by the Chairperson of AMLC; and

(iv) the terms of any motion proposed to be moved by the Chairperson of MRC or by a person appointed by the Chairperson of MRC; and

(v) subject to subregulation (2), if the Council has received notice of a motion under subregulation 9 (1)—the terms of that motion and of any statement given to the Council in support of the motion; and

(b) a proxy form approved by the Chairperson under paragraph 12 (4) (a); and

(c) a copy of the latest annual report of each of the Council, AMLC and MRC.

(2) The Council must not include in a notice to a registered person the terms of any motion of which it has received notice under subregulation 9 (1) unless the Council is satisfied that:

(a) the person proposing to move the motion is a registered person on the day of closure of the registers for the purpose of the annual general meeting; and

(b) the motion has the support of not less than 50 persons who are registered persons, on the day of closure of the registers for the purpose of the annual general meeting.

Publication of notice of special general meeting

7. (1) For the purposes of subsection 22 (4) of the Act, the prescribed number of days is 42.

(2) A notice of a special general meeting published under subsection 22 (4) of the Act must include a statement that the registers will be closed for the purpose of the special general meeting, and state the date of closure.

Notice to registered persons of meeting and motions—special general meetings

8. The Council must send to each registered person, at the address of that person last known to the Council, not less than 42 days before the day on which a special general meeting is to be held:

(a) a notice setting out:

(i) the day, time and place of the meeting; and

(ii) the terms of any motion proposed to be moved by the Chairperson or by a person appointed by the Chairperson; and

(b) a proxy form approved by the Chairperson under paragraph 13 (4) (a).

Notice of motion of no confidence

9. (1) A person who proposes to move, at an annual general meeting, a motion of a kind referred to in paragraph 23 (2) (e), (f) or (g) of the Act must give the Council, not less than 56 days before the day on which the meeting is to be held, a notice in writing setting out the terms of the motion proposed.

(2) If a person gives the Council notice of a motion, the person may:

(a) include in the notice a statement, of not more than 1,000 words, in support of the motion; and

(b) include in the notice, or in a further notice in writing given to the Council before the day of closure of the registers for the purpose of the annual general meeting, evidence of support for the motion by other registered persons.

Voting at annual general meetings

10. (1) Subject to subregulations (4) and (9), if a person:

(a) is a registered non-bovine live-stock producer; and

(b) has not ceased to be entitled to be entered on the register of non-bovine livestock producers since the day of closure of the register for the purpose of an annual general meeting;

the person is entitled to cast the number of votes determined in accordance with regulation 12, in person or by proxy, on any motion to be considered at the meeting except a motion relating to the making of regulations:

(c) prescribing amounts for the purposes of section 6 of the Beef Production Levy Act 1990; or

(d) prescribing amounts for the purposes of section 6 or 6A of the Cattle Export Charges Act 1990; or

(e) prescribing amounts for the purposes of section 5 of the Cattle Transaction Levy Act 1995.

(2) Subject to subregulations (4) and (9), if a person:

(a) is a registered cattle producer; and

(b) has not ceased to be entitled to be entered on the register of cattle producers since the day of closure of the register for the purpose of an annual general meeting;

the person is entitled to cast the number of votes determined in accordance with regulation 12, in person or by proxy, on any motion to be considered at the meeting except a motion relating to the making of regulations:

(c) prescribing amounts for the purposes of section 6A, 6B or 6D of the Live-stock Slaughter Levy Act 1964; or

(d) prescribing amounts for the purposes of section 8, 9 or 11 of the Live-stock Export Charge Act 1977.

(3) Subject to subregulation (4), if a person:

(a) is a registered exporter or processor; and

(b) has not ceased to be entitled to be entered on the register of exporters and processors since the day of closure of the register for the purpose of an annual general meeting;

the person is entitled to cast one vote, in person or by proxy, on any motion to be considered at the meeting.

(4) A person whose name is properly entered on more than one register is entitled to vote accordingly.

(5) Subject to subregulation (8), a motion referred to in paragraph 23 (2) (a), (b) or (c) of the Act is passed at an annual general meeting only if:

(a) the number of votes cast under subregulations (1) and (2) in support of the motion is a majority of the votes cast under those subregulations; and

(b) the number of votes cast under subregulation (3) in support of the motion is a majority of the votes cast under that subregulation.

(6) A motion referred to in paragraph 23 (2) (d) of the Act is passed at an annual general meeting only if:

(a) the number of votes cast under subregulation (1) or (2), as the case may be, in support of the motion, is a majority of the votes cast under that subregulation; and

(b) the number of votes cast under subregulation (3) in support of the motion is a majority of the votes cast under that subregulation.

(7) A motion referred to in paragraph 23 (2) (e), (f) or (g) of the Act is passed at an annual general meeting only if:

(a) the sum of the number of votes cast under subregulations (1), (2) and (3), in support of the motion, is at least two-thirds of the votes cast; and

(b) the sum of the number of votes cast under subregulations (1) and (2), in support of the motion, is a majority of the votes cast under the subregulations; and

(c) the number of votes cast under subregulation (3), in support of the motion, is a majority of the votes cast under that subregulation.

(8) The person presiding at an annual general meeting may permit a vote on a motion of a kind referred to in subregulation (5) to be taken by a show of hands, unless a person, including a proxy, present at the meeting and having an entitlement to vote on the motion, requests that the vote be taken in accordance with subregulation (5).

(9) If a vote is to be taken by a show of hands:

(a) a person attending the meeting and having an entitlement to vote on the motion, including a proxy of more than one person, is entitled to cast one vote only on that motion; and

(b) the motion is passed only if it is supported by a majority of votes cast.

Voting at special general meetings

11. (1) Subject to subregulation (4), if a person:

(a) is a registered non-bovine live-stock producer; and

(b) has not ceased to be entitled to be entered on the register of non-bovine livestock producers since the day of closure of the register for the purpose of a special general meeting;

the person is entitled to cast the number of votes determined in accordance with regulation 12, in person or by proxy, on any motion to be considered at the meeting except a motion relating to the making of regulations:

(c) prescribing amounts for the purposes of section 6 of the Beef Production Levy Act 1990; or

(d) prescribing amounts for the purposes of section 6 or 6A of the Cattle Export Charges Act 1990; or

(e) prescribing amounts for the purposes of section 5 of the Cattle Transaction Levy Act 1995.

(2) Subject to subregulations (4) and (9), if a person:

(a) is a registered cattle producer; and

(b) has not ceased to be entitled to be entered on the register of cattle producers since the day of closure of the register for the purpose of a special general meeting;

the person is entitled to cast the number of votes determined in accordance with regulation 12, in person or by proxy, on any motion to be considered at the meeting except a motion relating to the making of regulations:

(c) prescribing amounts for the purposes of section 6A, 6B or 6D of the Live-stock Slaughter Levy Act 1964; or

(d) prescribing amounts for the purposes of section 8, 9 or 11 of the Live-stock Export Charge Act 1977.

(3) Subject to subregulation (4), if a person:

(a) is a registered exporter or processor; and

(b) has not ceased to be entitled to be entered on the register of exporters and processors since the day of closure of the register for the purpose of a special general meeting;

the person is entitled to cast one vote, in person or by proxy, on any motion to be considered at the meeting.

(4) A person whose name is properly entered on more than one register is entitled to vote accordingly.

(5) A motion referred to in paragraph 23 (2) (d) of the Act or subsection 25 (2) of the Act is passed at a special general meeting only if:

(a) the number of votes cast under subregulation (1) or (2), as the case may be, in support of the motion, is a majority of the votes cast under that subsection; and

(b) the number of votes cast under subsection (3) in support of the motion is a majority of the votes cast under that subsection.

Calculation of number of votes

12. (1) The number of votes that a registered cattle producer or a registered non-bovine live-stock producer may cast at a general meeting is the number determined in accordance with the method set out in this regulation.

(2) If, when the registers are closed for the purpose of the general meeting, a person is registered as the owner of 10,000 or fewer cattle units or live-stock units, the number of votes is determined in accordance with the following table:

(3) If, when the registers are closed for the purpose of the general meeting, a person is registered as the owner of more than 10,000 cattle units or live-stock units, the number of votes is calculated, subject to subregulations (4) and (5), in accordance with the formula:

A x 6

10,000

where “A” is the number of cattle units or live-stock units owned.

(4) If application of the formula produces a number that includes a whole number and a fraction that is .5 or less, the number of votes is the whole number.

(5) If application of the formula produces a number that includes a whole number and a fraction that is more than .5, the number of votes is the sum of 1 and that whole number.

Proxies

13. (1) A registered person may appoint, in writing, an individual to be the person’s proxy to attend a general meeting to vote on:

(a) all motions put at the meeting; or

(b) a particular motion specified in the instrument of appointment.

(2) The instrument of appointment may specify, in respect of a particular motion, that the proxy must exercise the person’s vote on that motion in a particular way.

(3) If the instrument of appointment specifies that a proxy must exercise a vote on a motion in a particular way, the proxy must exercise the vote in the way specified.

(4) An instrument appointing a proxy must be:

(a) in a form approved by the Chairperson; and

(b) signed by the person making the appointment; and

(c) lodged with the Council no later than 3 days before the day on which the meeting is to be held.

(5) For the purposes of paragraph (4) (c), an instrument may be lodged by facsimile transmission.

Partnerships and trustees

14. (1) If a registered person is a partnership, a right to participate in a general meeting, exercised by the partnership, must be exercised on behalf of the partnership by one only of the members or by a proxy appointed by the partnership.

(2) If a registered person is the trustee of a trust estate, a right to participate in a general meeting, exercised by the person, must be exercised:

(a) by the trustee, or, if there is more than one trustee, by one only of the trustees; or

(b) by a proxy appointed by the trustee or trustees.

PART 4—REGISTERS

Persons entitled to be registered non-bovine live-stock producers

15. (1) Subject to subregulation (2), the class of persons who are entitled to have their names entered on the register kept under paragraph 88 (1) (a) of the Act comprises each person who, on the day on which the person applies to be entered on the register:

(a) is a producer of live-stock other than cattle; and

(b) has at least 100 live-stock units.

(2) If, when the register is closed for the purpose of a conference or a general meeting, a person whose name is entered on the register has fewer than 100 live-stock units, the person ceases to be entitled to the entry on the register.

Persons entitled to be registered cattle producers

16. (1) Subject to subregulation (2), the class of persons who are entitled to have their names entered on the register kept under paragraph 88 (1) (b) of the Act comprises each person who, on the day on which the person applies to be entered on the register:

(a) is a cattle producer; and

(b) has at least 100 cattle units.

(2) If, when the register is closed for the purpose of a conference or a general meeting, a person whose name is entered on the register has fewer than 100 cattle units, the person ceases to be entitled to the entry on the register.

Persons entitled to be registered exporters and processors

17. (1) Subject to subregulation (2), the classes of persons who are entitled to have their names entered on the register kept under paragraph 88 (1) (c) of the Act comprise:

(a) each person who, on the day on which the person applies to be entered on the register, holds a valid export licence; and

(b) each person who, on the day on which the person applies to be entered on the register, is authorised, under a law, to operate in Australia an establishment for slaughtering live-stock for human consumption; and

(c) each person who, having engaged, under a contract to slaughter live-stock, a person described in paragraph (b), on the day on which the person applies to be entered on the register, is liable for payment of levy under the Beef Production Levy Act 1990 (whether or not the levy has been paid).

(2) If, when the register is closed for the purpose of a conference or a general meeting, a person whose name is entered on the register:

(a) does not hold a valid export licence; or

(b) is not authorised, under a law, to operate in Australia an establishment for slaughtering live-stock for human consumption; or

(c) is not a person referred to in paragraph (1) (c);

the person ceases to be entitled to the entry on the register.

Maintaining registers

18. (1) For the purposes of subsection 88 (1) of the Act, particulars specified in regulation 19 must be kept separately in relation to each register and each prescribed annual general meeting.

(2) If AMLC receives information under subsection 91 (1) of the Act:

(a) the information must be entered on the relevant register as soon as practicable; and

(b) if the information is received by AMLC on or before the day of closure of the relevant register for the purpose of a conference or a general meeting, it is taken to have been entered on the day of closure.

Particulars to be entered on registers

19. For the purposes of paragraph 90 (1) (a) of the Act, the following particulars are prescribed:

(a) the business or residential address of the person, not being an address of a post office box or bag;

(b) if the person has a separate postal address—that address;

(c) for a registered cattle producer—the number of cattle owned by the person:

(i) on the day on which the person applied to be entered on the register; or

(ii) on any later day on which the person has given AMLC notice of the number of cattle owned by the person;

(d) for a registered non-bovine live-stock producer—the number of each of the following species owned by the person on the day on which the person applied to be entered on the register:

(i) goats;

(ii) sheep;

(e) for a registered exporter or processor:

(i) whether the person, on the day on which the person applied to be entered on the register, held a valid export licence;

(ii) the number of the export licence (if any);

(iii) whether the person, on the day on which the person applied to be entered on the register, was authorised, under a law, to operate in Australia an establishment for slaughtering live-stock for human consumption;

(iv) the name of the authority (if any) that authorised the person to operate the establishment;

(v) the number of any licence, certificate or other document (if any) evidencing the authorisation;

(vi) whether the person is a person who, having engaged, under a contract to slaughter live-stock, a person described in paragraph 17 (1) (b), on the day on which the person applies to be entered on the register, is liable for payment of levy under the Beef Production Levy Act 1990 (whether or not the levy has been paid).

(f) the number of votes that the person is entitled to cast at a general meeting.

Application for entry on register

20. (1) An application for entry of a name on the register of cattle producers or the register of non-bovine livestock producers must be in accordance with Form 1 in the Schedule.

(2) An application for entry of a name on the register of exporters and processors must be:

(a) in accordance with Form 2 in the Schedule; and

(b) if the person is authorised, under a law, to operate in Australia an establishment for slaughtering live-stock for human consumption—accompanied by a photocopy of any licence, certificate or other document evidencing the authorisation.

c.Returns

21. (1) Not less than 77 days before an annual general meeting, AMLC may ask a person whose name is entered on a register to send AMLC a return under subsection 91 (1) of the Act.

(2) A return by a person whose name is entered on the register of cattle producers or the register of non-bovine live-stock producers must:

(a) be in accordance with Form 3 in the Schedule; and

(b) contain the following information:

(i) the business or residential address of the person, not being an address of a post office box or bag;

(ii) if the person has a separate postal address—that address;

(iii) for a registered cattle producer—the number of cattle owned by the person on the day on which the person gives the return to AMLC;

(iv) for a registered non-bovine live-stock producer—the number of each of goats and sheep owned by the person on the day on which the person gives the return to AMLC.

(3) A return by a registered exporter or processor must:

(a) be in accordance with Form 4 in the Schedule; and

(b) contain the following information:

(i) the business or residential address of the person, not being an address of a post office box or bag;

(ii) if the person has a separate postal address—that address;

(iii) whether, on the day on which the person gives the return to AMLC, the person held an export licence;

(iv) the number of the export licence (if any);

(v) whether, on the day on which the person gives the return to AMLC, the person was authorised under a law to operate in Australia an establishment for slaughtering live-stock for human consumption;

(vi) the name of the authority (if any) that authorised the person to operate the establishment;

(vii) the number of any licence, certificate or other document (if any) evidencing the authorisation.

Partnerships and trustees

22. (1) If a person entered on a register is a partnership that is subsequently reconstituted, the reconstituted partnership is taken to be the same person as is entered on the register.

(2) For the purposes of subsection (1), a partnership is reconstituted if:

(a) the membership of the partnership is varied; or

(b) the partnership is dissolved and a new partnership, at least one of the members of which is a member of the original partnership, is set up to conduct the business previously conducted by the former partnership.

Closure of registers

23. If a register is to be closed for the purpose of a conference or a general meeting, AMLC must close the register 49 days before the day on which the conference is to commence or the general meeting is to be held.

PART 5—PRESCRIBED SCHEMES

Prescribed schemes

24. For the purposes of subsection 55 (4) of the Act, each of the following schemes is a prescribed scheme for the marketing of meat or live-stock:

(a) the scheme known as AUS-MEAT and operated by the Authority for Uniform Specification Meat and Livestock Committee established by AMLC;

(b) the computer aided livestock marketing scheme known as CALM and operated by the CALM Services Committee established by AMLC or the CALM Services Committee jointly with another person.

PART 6—PRESCRIBED BODIES AND ORGANISATIONS

Eligible industry bodies

25. For the purposes of paragraph (e) of the definition of “eligible industry body” in section 3 of the Act, each of the following bodies is prescribed:

(a) Australian Livestock Exporters’ Association;

(b) Australian Lotfeeders Association;

(c) Goat Industry Council of Australia.

Prescribed organisations

26. For the purposes of paragraphs 109 (7) (b) and 188 (7) (b), each of the following organisations is prescribed:

(a) Australian Livestock Exporters’ Association;

(b) Australian Lotfeeders Association;

(c) Australian Meat Council;

(d) Cattle Council of Australia;

(e) Meat and Allied Trades Federation of Australia;

(f) Sheepmeat Council of Australia.

PART 6A—GROSS VALUE OF PRODUCTION OF

INDUSTRY

Gross value of production of the industry

26A. (1) For the purposes of section 204 of the Act, the Minister must determine the amount of the gross value of production of the industry for a financial year:

(a) if the determination is made before ABARE provides figures showing the gross value of live-stock production for the immediately preceding financial year—in accordance with the formula:

GVPI = ; and

(b) if the determination is made after ABARE provides figures showing the gross value of live-stock production for the immediately preceding financial year—in accordance with the formula:

GVPI = ;

where:

GVPI means the gross value of production of the industry for a financial year;

EGVLP1 is the estimated gross value of live-stock production for the financial year calculated using figures provided by ABARE;

EGVLP2 is the estimated gross value of live-stock production for the immediately preceding financial year calculated using figures provided by ABARE estimating the gross value of live-stock production in that year;

GVLP2 is the gross value of live-stock production for the immediately preceding financial year calculated using figures provided by ABARE;

GVLP3 is the gross value of live-stock production in the financial year preceding the immediately preceding financial year calculated using figures provided by ABARE.

(2) For the purposes of this regulation, the gross value of live-stock production in a financial year is an amount equal to the sum of the gross values of:

(a) cattle, sheep, lambs and goats slaughtered; and

(b) cattle, sheep, lambs and goats exported live; and

(c) sheep skins from which the wool has been removed; and

(d) hides produced;

in that financial year.

PART 7—LIABILITY TO TAXATION

Specified laws

27. Subsection 222 (2) of the Act does not apply to the MIC, AMLC and MRC in relation to the following laws:

(a) the Pay-roll Tax Act, 1971 of the State of New South Wales;

(b) the Pay-roll Tax Act 1971 of the State of Victoria;

(c) the Pay-roll Tax Act 1971 of the State of Queensland;

(d) the Pay-roll Tax Act, 1971 of the State of South Australia;

(e) the Pay-roll Tax Act, 1971 of the State of Western Australia;

(f) the Pay-roll Tax Act 1971 of the State of Tasmania;

(g) the Payroll Tax Act 1987 of the Australian Capital Territory;

(h) the Pay-roll Tax Act 1978 of the Northern Territory.

SCHEDULE

FORMS

FORM 1 Subregulation 20 (1)

COMMONWEALTH OF AUSTRALIA

Meat and Live-stock Industry Regulations

APPLICATION TO BE ENTERED ON THE REGISTER OF CATTLE PRODUCERS OR THE REGISTER OF NON-BOVINE LIVE-STOCK PRODUCERS (OR BOTH)

To the Australian Meat and Live-stock Corporation:

*I/*We (insert full name of individual/partnership/company/trust estate) of (insert business or residential address (not being a post office box or bag) including the State or Territory) request to be entered on the register of cattle producers or the register of non-bovine live-stock producers (or both).

On the date of this application, *I/*we owned, and *was/*were engaged in raising or fattening the following cattle or other live-stock (or both).

Cattle/other live-stock Number owned

_______________________________________________________

Cattle ................................

Goats ................................

Sheep ...............................

Communications may be sent by post to *me/*us at (insert address (which may be a post office box or bag) including the State or Territory).

*I/*We declare that, to the best of *my/*our knowledge and belief, all the particulars given in this application are correct.

Dated 19 .

.....................................................

.....................................................

(insert signature of the applicant, or of the individual authorised by the applicant to sign on behalf of the applicant and add in block capitals the full name of the signatory)

* Omit if not applicable.

NOTES: 1. The registers kept by the Australian Meat and Live-stock Corporation under the Meat and Live-stock Industry Act 1995 are used to determine entitlement to vote at general meetings of the Meat Industry Council, the Australian Meat and Live-stock Corporation and the Meat Research Corporation.

2. It is an offence to knowingly give information that is false or misleading in a material particular in a document or return given to the Corporation.

________________

FORM 2 Subregulation 20 (2)

COMMONWEALTH OF AUSTRALIA

Meat and Live-stock Industry Regulations

APPLICATION TO BE ENTERED ON THE REGISTER OF EXPORTERS AND PROCESSORS

To the Australian Meat and Live-stock Corporation:

*I/*We (insert full name of individual/partnership/company/trust estate) of (insert business or residential address (not being a post office box or bag) including the State or territory) request to be entered on the register of exporters of meat or live-stock and processors of meat.

*On the date of making this application *I/*we hold export licence No. (insert number of licence) granted by (insert authority).

*I/*We attach a photocopy of the *licence/*certificate/*document that is evidence of *my/*our authorisation under a law to operate in Australia, on the date of making this application, an establishment for slaughtering live-stock for human consumption.

*On the date of giving this return *I am/*we are liable to the payment of levy under the Beef Production Levy Act 1990, having engaged, under a contract to slaughter live-stock, a person who is authorised under a law to operate in Australian an establishment for slaughtering live-stock for human consumption.

Notices may be sent by post to *me/*us at (insert address (which may be a post office box or bag) including the State or Territory).

*I/*We declare that, to the best of *my/*our knowledge and belief, all the statements in this application are correct.

Dated 19 .

........................................................

........................................................

(insert signature of the applicant, or of the individual authorised by the applicant to sign on behalf of the applicant and add in block capitals the full name of the signatory)

*Omit if not applicable.

NOTES: 1. The registers kept by the Australian Meat and Live-stock Corporation under the Meat and Live-stock Industry Act 1995 are used to determine entitlement to vote at general meetings of the Meat Industry Council, the Australian Meat and Live-stock Corporation and the Meat Research Corporation.

2. It is an offence to knowingly give information that is false or misleading in a material particular in a document or return given to the Corporation.

_____________

FORM 3 Subregulation 21 (2)

COMMONWEALTH OF AUSTRALIA

Meat and Live-stock Industry Regulations

RETURN BY A REGISTERED CATTLE PRODUCER OR NON-BOVINE LIVE-STOCK PRODUCER

To the Australian Meat and Live-stock Corporation:

On the date of this return, *I/*we (insert name of *individual/*partnership/*company/*trust estate that is entered in the register of cattle producers or the register of non-bovine live-stock producers , (or both), including the registration number or numbers issued to that individual/partnership/ company/ trust by the Australian Meat and Live -stock Corporation) of (insert business or residential address (not being a post office box or bag) including the State and Territory).

EITHER:

*own, and *am/*are engaged in raising or fattening the following cattle or other live-stock:

Cattle/other live-stock Number owned

_______________________________________________________

Cattle ................................

Goats ................................

Sheep ...............................

OR:

* am/*are no longer engaged in raising or fattening *cattle or *other live-stock.

Notices may be sent by post to *me/*us at (insert address (which may be a post office box or bag) including the State or Territory).

*I/*we declare that, to the best of *my/*our knowledge and belief, all the statements in this application are correct.

Dated 19 .

..................................................

..................................................

(insert signature of the applicant, or of the individual authorised by the applicant to sign on behalf of the applicant and add in block capitals the full name of the signatory)

* Omit if not applicable.

NOTES: 1. The registers kept by the Australian Meat and Live-stock Corporation under the Meat and Live-stock Industry Act 1995 are used to determine entitlement to vote at general meetings of the Meat Industry Council, the Australian Meat and Live-stock Corporation and the Meat Research Corporation.

2. It is an offence to knowingly give information that is false or misleading in a material particular in a document or return given to the Corporation.

FORM 4 Subregulation 21 (3)

COMMONWEALTH OF AUSTRALIA

Meat and Live-stock Industry Regulations

RETURN BY A PERSON ENTERED ON THE REGISTER OF EXPORTERS AND PROCESSORS

To the Australian Meat and Live-stock Corporation:

This return is given by, or on behalf of, (insert full name of the individual/partnership/company/trust estate that is on the above register)

of (insert business or residential address (not being a post office box or bag) including the State or Territory).

*On the date of giving this return *I/*we do not hold an export licence granted by the Corporation.

*On the date of giving this return *I/*we hold licence No. (insert number of licence) granted by (insert name of authority)..

*On the date of giving this return *I am/*we are not authorised under a law to operate in Australia an establishment for slaughtering live-stock for human consumption.

*On the date of giving this return *I am/*we are authorised under a law by (insert the name of the Authority) during the period commencing on (insert date on which that authorisation commenced to have effect) and ending on (insert date on which that authorisation will cease to have effect) to operate in Australia an establishment for slaughtering live-stock for human consumption.

The number of the licence, certificate or other document that is evidence of that authorisation is (insert number).

*On the date of giving this return *I am/*we are liable to the payment of levy under the Beef Production Levy Act 1990, having engaged, under a contract to slaughter live-stock, a person who is authorised under a law to operate in Australian an establishment for slaughtering live-stock for human consumption.

Notices may be sent by post to *me/*us at (insert address (which may be a post office box or bag,) including the State or Territory).

*I/*We declare that, to the best of *my/*our knowledge and belief, all the statements in this application are correct.

Dated 19 .

.........................................................

.........................................................

(insert signature of the applicant, or of the individual authorised by the applicant to sign on behalf of the applicant, and add in block capitals the full name of the signatory)

* Omit if not applicable

NOTES: 1. The registers kept by the Australian Meat and Live-stock Corporation under the Meat and Live-stock Industry Act 1995 are used to determine entitlement to vote at general meetings of the Meat Industry Council, the Australian Meat and Live-stock Corporation and the Meat Research Corporation.

2. It is an offence to knowingly give information that is false or misleading in a material particular in a document or return given to the Corporation.

______________________________________________________