Commonwealth Numbered Acts

AUSTRALIAN WINE AND BRANDY CORPORATION AMENDMENT ACT 1993 No. 93 of 1993 - SCHEDULE

SCHEDULE TO BE INSERTED IN PRINCIPAL ACT

"SCHEDULE
ADMINISTRATIVE PROVISIONS RELATING TO THE GEOGRAPHICAL INDICATIONS
COMMITTEE Interpretation

"1. In this Schedule:
'Committee' means the Geographical Indications Committee;
'member' means the Presiding Member or a nominated member of the Committee;
'nominated member' means a member of the Committee referred to in paragraph
2(1)(b) or (c);
'Presiding Member' means the Presiding Member of the Committee. Membership of
Committee

"2.(1) The Committee is to consist of 3 members as follows:

   (a)  a Presiding Member appointed by the Chairperson of the Corporation in
        accordance with a resolution of the Corporation;

   (b)  one member appointed by the Chairperson of the Corporation on the
        nomination of a declared winemakers organisation;

   (c)  one member appointed by the Chairperson of the Corporation on the
        nomination of a declared wine grape growers organisation.

"(2) The members of the Committee are to be appointed on a part-time basis.

"(3) The appointment of a member of the Committee is not ineffective only
because of a defect or irregularity in, or in connection with, the member's
nomination or appointment.

"(4) The exercise of a power, or the performance of a function, by the
Committee is not ineffective only because there is one vacancy in the
membership of the Committee. Acting Presiding Member

"3.(1) The Chairperson of the Corporation may appoint a person to act as the
Presiding Member:

   (a)  during a vacancy in the office of Presiding Member (whether or not an
        appointment has previously been made to the office); or

   (b)  during any period, or during all periods, when the Presiding Member is
        absent from Australia or is, for any other reason, unable to perform
        the functions of the Presiding Member.

"(2) Nothing done by or in relation to a person purporting to act under this
section is ineffective on any one or more of the following grounds:

   (a)  the occasion for the person's appointment to act had not arisen;

   (b)  there is a technical defect or irregularity in connection with the
        person's appointment;

   (c)  the person's appointment had ceased to have effect;

   (d)  the occasion for the person to act had not arisen or had ceased.
        Alternate members of the Committee

"4.(1) The Chairperson of the Corporation may appoint a person who is not a
member of the Committee to be the alternate of a particular nominated member.

"(2) If a nominated member is absent from a meeting of the Committee, the
member's alternate (if any) is entitled to attend the meeting and, when so
attending, is taken to be a member of the Committee.

"(3) If a person ceases to hold office as a nominated member:

   (a)  the person (if any) who was the person's alternate immediately before
        he or she ceased to hold office is entitled to attend meetings of the
        Committee while the office is vacant and, when so attending, is taken
        to be a member of the Committee; and

   (b)  the person is taken to be the alternate of a person appointed to the
        vacant office until a new appointment of an alternate is made.

"(4) A person may only be appointed as a nominated member's alternate if the
person has been nominated in writing by the organisation by which the member
was nominated for appointment.

"(5) A person appointed as a member's alternate remains the member's alternate
until the organisation that nominated the person gives the Chairperson of the
Corporation a written nomination of a different person for appointment as the
member's alternate.

"(6) A person may resign an appointment as alternate of a member of a
Committee by giving a signed notice of resignation to the Chairperson of the
Corporation. Term of office

"5.(1) The Presiding Member holds office for such period of not more than 3
years as is stated in the document of appointment.

"(2) A member appointed on the nomination of an organisation holds office
until the organisation gives the Chairperson of the Corporation a written
nomination of another person to be appointed in place of the member.
Resignation

"6. A member may resign his or her appointment by giving a signed notice of
resignation to the Chairperson of the Corporation. Termination of appointment

"7.(1) The Corporation may terminate the appointment of a member of the
Committee because of misbehaviour or physical or mental incapacity.

"(2) If a member of the Committee:

   (a)  becomes bankrupt, applies to take the benefit of any law for the
        relief of bankrupt or insolvent debtors, compounds with his or her
        creditors or makes an assignment of his or her remuneration for their
        benefit; or

   (b)  fails without reasonable excuse to comply with clause 9; or

   (c)  is absent, without leave of absence under clause 8, from 3 consecutive
        meetings of the Committee; the Corporation must terminate the
        appointment of the member. Leave of absence

"8.(1) The Chairperson of the Corporation may grant the Presiding Member leave
of absence from a meeting of a Committee.

"(2) The Presiding Member may grant leave of absence to another member of a
Committee from a meeting of a Committee. Disclosure of interests by Committee
members

"9.(1) A member of the Committee who has a direct or indirect financial
interest in a matter being considered or about to be considered by the
Committee must, as soon as possible after the member has become aware of the
relevant facts, disclose the nature of that interest at a meeting of the
Committee.

"(2) A disclosure under subsection (1) must be recorded in the minutes of a
meeting of the Committee and the member must not, unless the Corporation or
the Committee otherwise determines:

   (a)  be present during any deliberation of the Committee regarding that
        matter; or

   (b)  take part in any decision of the Committee regarding that matter.

"(3) For the purposes of the making of a determination by the Committee under
subsection (2) in relation to a member who has made a disclosure under
subsection (1), the member must not:

   (a)  be present during any deliberation of the Committee for the purpose of
        making a determination; or

   (b)  take part in the making of the determination.

"(4) A member of the Committee who is a winemaker or a grower of wine grapes
is not taken to have a financial interest in a matter being considered, or
about to be considered, by the Committee solely because the member is a
winemaker or grower of wine grapes, as the case may be. Meetings

"10.(1) Meetings of the Committee are to be held at such times and places as
the Committee determines.

"(2) A meeting of the Committee may be convened by the Presiding Member.

"(3) Two members constitute a quorum at the meeting of the Committee.

"(4) The presiding Member is to preside at all meetings of the Committee at
which he or she is present.

"(5) If the Presiding Member is not present at a meeting of the Committee, the
members of the Committee who are present must elect one of them to preside at
the meeting.

"(6) Subject to subsection (7), a question arising at a meeting of the
Committee is to be decided by a majority of the votes of the members of the
Committee.

"(7) If only 2 members are present at a meeting of the Committee and those
members are unable to agree on a question, the question is to be deferred
until a meeting at which 3 members are present.

"(8) The Committee must keep minutes of its proceedings.

"(9) The minutes must record each decision made by the Committee and the
reasons for the decision.
Staff and consultants

"11.(1) The Corporation must make staff available to provide administrative
assistance for the Committee.

"(2) The Presiding Member may, on behalf of the Corporation, engage persons
with suitable qualifications and experience as consultants to the Committee.

"(3) The terms and conditions of engagement of consultants are to be those
determined by the Committee with the approval of the Corporation. Information
for inclusion in Corporation's annual report

"12. As soon as practicable after the end of each financial year, the
Committee must give to the Corporation any information relating to the
Committee's operations during that year that the Corporation reasonably
requires for the purpose of preparing a report in relation to that year under
section 63H of the Audit Act 1901.".