Author: Office of Legislative Drafting
Last saved by: 240metsch
Company: Attorney-General's Department

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Regulation 8

Regulation 11

Notes to the Australian Wine and Brandy Corporation (Annual General Meeting of the Industry) Regulations 1999
Table of Statutory Rules

Notes to the Australian Wine and Brandy Corporation (Annual General Meeting of the Industry) Regulations 1999
Table of Amendments

Australian Wine and Brandy Corporation (Annual General Meeting of the Industry) Regulations 1999
Statutory Rules 1999 No. 294 as amended
made under the
Australian Wine and Brandy Corporation Act 1980
This compilation was prepared on 21 December 2000
taking into account amendments up to SR 2000 No. 319
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents
	1	Name of Regulations [see Note 1]	3
	2	Commencement [see Note 1]	3
	3	Definitions	3
	4	Notice of motion or special motion by Corporation	4
	5	Notice of motion or special motion by an eligible producer	4
	6	Voting on and passing motions and special motions	5
	7	Proxies	5
	8	Voting	6
	9	Tellers	6
	10	Rights of members of the Corporation	7
	11	Who is to preside at meetings	7
Notes	8

  
  
1	Name of Regulations [see Note 1]
		These Regulations are the Australian Wine and Brandy Corporation (Annual General Meeting of the Industry) Regulations 1999.
2	Commencement [see Note 1]
		These Regulations commence on gazettal.
3	Definitions
		In these Regulations:
Act means the Australian Wine and Brandy Corporation Act 1980.
eligible producer has the meaning given by section 29U of the Act.
meeting means an annual general meeting.
motion means a motion moved, or proposed to be moved, at a meeting.
proxy means a person appointed under regulation 7.
Secretary means the Secretary to the Department of Agriculture, Fisheries and Forestry.
special motion means a motion about a proposal that the Corporation make a recommendation to the Minister:
	(a)	under subclause 5 (1) of Schedule 13 to the Primary Industries (Customs) Charges Act 1999; or
	(b)	under subclause 9 (1) of Schedule 26 to the Primary Industries (Excise) Levies Act 1999.
teller means a person appointed under regulation 9.
Note   Annual general meeting, Corporation, Corporation’s component of wine grapes levy, wine export charge, wine grapes levy and year are defined in section 4 of the Act.
4	Notice of motion or special motion by Corporation
	(1)	If the Corporation intends to move a motion at a meeting, the Corporation may, at least 21 days before the meeting, send notice of the motion to each eligible producer.
	(2)	If the Corporation intends to move a special motion at a meeting, the Corporation must send notice of the special motion with the documents for the meeting that the Corporation is required to send to each eligible producer under subsection 29W (2) of the Act.
5	Notice of motion or special motion by an eligible producer
	(1)	If an eligible producer intends to move a motion at a meeting, the eligible producer may give notice in writing to the Corporation. 
	(2)	If an eligible producer intends to move a special motion at a meeting, the eligible producer must give notice in writing to the Corporation.
	(3)	A notice given to the Corporation under subregulation (1) or (2) must be:
	(a)	given to the Corporation at least 28 days before the meeting; and
	(b)	accompanied by an explanatory statement of up to 1000 words; and
	(c)	accompanied by evidence of the support of at least 10 other eligible producers for the motion to which the notice relates.
	(4)	If notice of a motion to be moved at a meeting is given to the Corporation in accordance with subregulation (3), the Corporation must, at least 21 days before that meeting, send to each eligible producer:
	(a)	a copy of the notice; and
	(b)	a copy of the accompanying explanatory statement.
	(5)	In addition to the material the Corporation sends to eligible producers under subregulation (4), the Corporation may also send a statement by the Corporation about the motion.
6	Voting on and passing motions and special motions
	(1)	A motion that is not a special motion may be moved, voted on and passed even if notice of the motion has not been given under regulation 4 or 5.
	(2)	A special motion may be voted on or passed only if:
	(a)	notice of the special motion has been given to each eligible producer as required by subregulation 4 (2) or 5 (4); and
	(b)	the special motion is moved in the form in which notice of it has been given.
	(3)	For paragraph 2 (a), if an eligible producer was inadvertently not given notice of a special motion, notice of that special motion is taken to have been given to that eligible producer.
7	Proxies
	(1)	An eligible producer may, by instrument in writing, appoint a person over the age of 18 years as his or her proxy for a meeting.
	(2)	To be valid, an instrument for subregulation (1) must be:
	(a)	substantially in the form approved by the Corporation; and
	(b)	lodged with the Corporation at least 7 days before the meeting.
	(3)	A proxy attending a meeting for an eligible producer is entitled to do anything that the eligible producer would be entitled to do at that meeting.
	(4)	An instrument of appointment under subregulation (1) may, for a motion on notice, require that the proxy:
	(a)	vote, or not vote, on the motion; or
	(b)	vote in a specified way on the motion.
	(5)	Despite subregulation (3), if an instrument includes requirements under subregulation (4), the proxy must vote or not vote, or vote in the specified way, set out in the instrument.
	(6)	A proxy attending a meeting for an eligible producer may cast the number of votes that the eligible producer is entitled to cast under subregulation 8 (4).
8	Voting
	(1)	An eligible producer for a year is entitled to vote upon any matter to be determined at the meeting in that year.
	(2)	Voting at a meeting must be by a show of hands.
	(3)	Despite subregulation (2), voting on a motion must be by ballot if:
	(a)	the vote is a special motion; or
	(b)	an eligible producer so requires; or
	(c)	the person presiding at the meeting so requires.
	(4)	The number of votes that an eligible producer may cast is:
	(a)	if voting is by a show of hands — 1 vote; or
	(b)	if voting is by ballot — 1 vote for every whole dollar of the total amount of levy and charge imposed on the eligible producer for the immediately preceding year:
	(i)	that is the Corporation’s component of wine grapes levy; or
	(ii)	that is a wine export charge; or
	(iii)	that is an amount of levy referred to in paragraph 6 (1) (a) of the repealed Wine Grapes Levy Act 1979.
9	Tellers
	(1)	The Secretary must, before a meeting, nominate in writing one or more persons to act as tellers for the meeting.
	(2)	The Chairperson of the Corporation must, before a meeting, appoint one or more of the persons nominated by the Secretary to act as tellers to count votes at the meeting.
	(3)	The Secretary must, before a meeting, tell one or more tellers the amount of levy and charge mentioned in subregulation 8 (4) for each eligible producer.
	(4)	A teller must not disclose any information about the amount of levy or charge imposed on, the voting rights of, or the number of votes cast by, an eligible producer, except to a person (including a court) who is required by these Regulations, or proceedings relating to these Regulations, to determine the number of votes cast for a motion.
10	Rights of members of the Corporation
	(1)	A member of the Corporation may move a motion at a meeting on behalf of the Corporation.
	(2)	A member of the Corporation has the same right as an eligible producer to speak at a meeting.
11	Who is to preside at meetings
	(1)	The Chairperson of the Corporation is to preside at a meeting.
	(2)	If the Chairperson of the Corporation is absent, the Deputy Chairperson of the Corporation is to preside.
	(3)	If both the Chairperson and the Deputy Chairperson of the Corporation are absent, the members of the Corporation who are present at the meeting must choose one of their number to preside at the meeting.

Notes to the Australian Wine and Brandy Corporation (Annual General Meeting of the Industry) Regulations 1999
Note 1
The Australian Wine and Brandy Corporation (Annual General Meeting of the Industry) Regulations 1999 (in force under the Australian Wine and Brandy Corporation Act 1980) as shown in this compilation comprise Statutory Rules 1999 No. 294 amended as indicated in the Tables below. 
Table of Statutory Rules

Year and 
number

Date of notification 
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1999 No. 294 | 2 Dec 1999 | 2 Dec 1999 |
2000 No. 319 | 4 Dec 2000 | 5 Dec 2000 (see r. 2 and Gazette 2000, No. S612) | —
Table of Amendments
ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected | How affected
R. 3 | am. 2000 No. 319
Note to r. 3 | rs. 2000 No. 319
Rr. 8, 9 | am. 2000 No. 319
Rr. 12, 13 | rep. 2000 No. 319

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