AUSTRALIAN DRIED FRUITS BOARD (AGM) REGULATIONS 1993 NO. 144

AUSTRALIAN DRIED FRUITS BOARD (AGM) REGULATIONS 1993 NO. 144

STATUTORY RULES 1993 No. 144

Issued by the Authority of the Minister for Primary Industries and Energy

Australian Horticultural Corporation Act 1987

Australian Dried Fruits Board (AGM) Regulations

The Australian Horticultural Corporation (AHC) carries out marketing and promotion activities for the apple, pear, citrus, nursery products, nashi, macadamia nut, avocado and chestnut industries in both domestic and export markets. The Act also provides for semiautonomous product boards, if that is an industry's preference, but so far only the dried fruits' industry has chosen this option. The Australian Dried Fruits Board (ADFB) is such a product board but it can only carry out marketing and promotion of dried vine fruit for export. Marketing and promotion of dried vine fruit for the domestic market is a matter for the peak industry body and associated packers. The ADFB is funded entirely by industry levies and export charges.

Under section 15G (1) of the Act, each product board must hold an annual general meeting (AGM) in each financial after the financial year the board was established. The ADFB must hold its first AGM for the period 1991/92 on or before 30 June 1993.

The Regulations provide that the packers of dried vine fruit supply production information to the ADFB on any person or trading entity that became liable to pay a levy or export charge in relation to the ADFB during the immediately preceding financial year or the first three months of the current financial year, for the purpose of the establishment of a register as required by section 115H (1) of the Act.

The timetable for the schedule to be followed for the period prior to the AGM and the method of conducting the meeting are contained in the Regulations. Other procedural matters covered are voting entitlements, method of voting and the provision of proxy votes.

In accordance with section 115P (e) the Regulations provide that every levy or export charge payer is entitled to a number of votes equal to the next whole number of the total tonnes of dried vine fruit delivered to the packers. Voting will initially be by a show of hands, but the Chairperson of the ADFB can allow a full poll of levy or export charge payers if it is called for from the floor according to the procedure laid down in the Regulations.

Matters concerning decisions by the ADFB, on the inclusion or removal of particular details from the register of levy and export charge payers, may be reviewed by the ADFB. Application for further review may be made to the Administrative Appeals Tribunal.

The Regulations provide that information supplied to the ADFB for the purposes of administering the AGM must only be used for this specific purpose. The information remains confidential to the ADFB, the levy or export charge payer and the proxy holder.

Details of the proposed regulations are at Attachment A.

The proposed regulations would commence on gazettal.