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Australian Meat and Live-stock Corporation Amendment Act 1984 No. 57 of 1984 - SECT 22
22. After Part III of the Principal Act the following Parts are inserted:
''PART IIIA-ANNUAL GENERAL MEETING OF THE INDUSTRY
Interpretation
''30A. (1) In this Part, unless the contrary intention appears, a reference to
a person includes a reference to a partnership and to the trustee or trustees,
from time to time, of a trust estate.
''(2) Where a partnership which is entered on a register is reconstituted, the
partnership as so reconstituted shall be taken, for the purposes of this Part,
including this sub-section, to be, and to have at all times been, the same
person as the partnership as orginally entered on the register.
''(3) For the purposes of sub-section (2), a partnership shall be taken to be
reconstituted in any circumstance where-
(a) the membership of the partnership is changed; or
(b) the partnership is dissolved and a new partnership is set up in place
of the partnership so dissolved to conduct the business previously
conducted by the partnership so dissolved if at least one of the
members of the partnership that is so set up was also a member of the
partnership that was so dissolved.
''(4) Where, under this Part, rights are conferred upon a partnership to
participate at an annual general meeting, those rights shall be exercised on
behalf of the partnership by one only of the members of the partnership or by
such other person as the partnership appoints as its proxy in accordance with
section 30E.
''(5) Where, under this Part, rights are conferred on the trustee or trustees,
from time to time, of a trust estate to participate at an annual general
meeting, those rights shall be exercised-
(a) by the trustee, or, in the case where there is more than one trustee,
by one only of the trustees; or
(b) by such other person as the trustee appoints as his proxy, or the
trustees appoint as their proxy, in accordance with section 30E.
''(6) A person who has rights in the nature of an equity of redemption in
respect of live-stock the subject of a mortgage or other security shall be
deemed to be the owner of that live-stock.
''(7) Where a person owns property, being a part or the whole of a trust
estate, that person shall not, for any purpose of this Act and of any
regulations made under this Act, be regarded as the owner of that property in
any capacity other than as the trustee of that trust estate. Corporation to
convene annual general meeting
''30B. (1) The Corporation shall, within 3 months after the tabling of each
annual report in the House of Representatives or within such longer period as
is approved by the Minister, cause an annual general meeting of the industry
to be convened at a time and a place determined by the Corporation.
''(2) The Corporation shall, within 7 days after the tabling of each annual
report of the Corporation in the House of Representatives, cause a notice to
be published in the Gazette specifying-
(a) the day upon which the annual general meeting of the industry next
following the tabling of that annual report is intended to be held,
and the time and place at which that meeting is intended to be held;
(b) particulars of any recommendation that the Corporation proposes to
make to the Minister with respect to the making of regulations
prescribing the rate of levy under the Live-stock Slaughter Levy Act
1964 for the purposes of a paragraph referred to in sub-section 8 (3)
of that Act or the rate of charge under the
Live-stock Export Charge Act 1977 for the purposes of a paragraph
referred to in sub-section 13 (3) of that Act; and
(c) the day by which applications from persons seeking to be entered on a
register for the purpose of enabling them to vote at the annual
general meeting, being applications that are to be considered and
dealt with before the annual general meeting, must be received by the
Corporation.
''(3) The Corporation may, in addition to the publication, in accordance with
sub-section (2), of a notice in the Gazette setting out particulars in respect
of an annual general meeting, cause those particulars to be made public, in
its discretion, at any time or from time to time, during the period commencing
on the publication of that notice and ending on the day of closure of the
registers for the purposes of that meeting, in such other manner or manners as
the Corporation determines to be appropriate.
''(4) The purpose of an annual general meeting is to provide an opportunity to
persons concerned with the industry-
(a) to consider the most recent annual report of the Corporation;
(b) to receive an address by the Chairman with respect to the performance
of the Corporation in the year to which the annual report relates and
with respect to the outlook for the industry, and the intended
performance of the Corporation, in the year next following that year;
(c) to question the members of the Corporation concerning any aspect of
the Corporation's activities during the year to which the annual
report relates and any aspect of the intended activities of the
Corporation; and
(d) to debate, and vote upon-
(i) any motion relating to a matter within the responsibilities of
the Corporation other than a matter relating to the making of
regulations prescribing the rate of levy under the Live-stock
Slaughter Levy Act 1964
or the rate of charge under the Live-Stock Export Charge Act 1977;
(ii) any motion moved by the Corporation to endorse a recommendation
that the Corporation proposes to make to the Minister in
relation to the making of such regulations, being a
recommendation particulars of which are specified in the notice
of the meeting published in accordance with sub-section 30B
(2); or
(iii) any motion of no confidence in the Chairman or in the
Corporation. Persons proposing to move certain motions to
inform the Corporation
''30C. (1) A person who proposes to move, at an annual general meeting, a
motion of the kind referred to in sub-paragraph 30B (4) (d) (i) may furnish to
the Corporation a notice setting out the terms of the motion that the person
proposes to move.
''(2) A person who proposes to move, at an annual general meeting, a motion of
the kind referred to in sub-paragraph 30B (4) (d) (iii) shall furnish to the
Corporation, not less than 49 days before the intended date of the annual
general meeting, a notice in writing setting out the terms of the motion that
the person proposes to move.
''(3) Where a person furnishes to the Corporation a notice of a motion that
the person proposes to move at an annual general meeting, the person may
include in that notice a statement, not exceeding 1,000 words in length, in
support of that motion. Corporation to give notice of meeting and motions
''30D. (1) The Corporation shall, not less than 42 days before the intended
date of an annual general meeting, forward to each person who was, on the day
of closure of the registers for the purposes of that meeting, entered on
either or both of those registers, at the address of that person last known to
the Corporation-
(a) a notice advising that person of the day, time and place of the
meeting and setting out-
(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 any statement in support of
that motion that the Corporation thinks appropriate to
circulate;
(ii) if the Corporation has received notice under sub-section 30C
(1) of any motion intended to be moved at that meeting and that
notice was received not less than 49 days before the intended
date of the meeting-the terms of that motion and of any
statement given to the Corporation in support of that motion in
accordance with sub-section 30C (3); and
(iii) if the Corporation has received notice under sub-section 30C
(2) of any motion-the terms of that motion and of any statement
given to the Corporation in support of that motion in
accordance with sub-section 30C (3);
(b) a copy of the last annual report of the Corporation; and
(c) a proxy form, being a document the form of which is approved by the
Minister for the purposes of sub-section 30E (3).
''(2) The Corporation shall not include in a notice published under
sub-section (1) particulars of a motion of which it has received notice under
sub-section 30C (1) or (2) unless the Corporation is satisfied, in relation to
the motion-
(a) that the person proposing to move the motion is, on the day of closure
of the registers for the purposes of the annual general meeting,
entered on either or both of the registers; and
(b) that the motion has the support of not less than 100 persons who are,
on the day of closure of the registers for the purposes of the annual
general meeting, entered on either or both of the registers. Proxies
''30E. (1) A person entitled to attend and vote at an annual general meeting
may appoint the Chairman or some other person, being a natural person, to be
his proxy to attend the meeting and to vote on all matters arising at the
meeting or on such particular matters as are specified in the instrument of
appointment.
''(2) Where a person has received, from the Corporation, notice of a motion to
be put at an annual general meeting, the person may, in the instrument
appointing a person to be his proxy, specify that the proxy is to exercise
that person's vote on that motion in a particular way in which case the proxy
shall not exercise his vote on that motion otherwise than in that way.
''(3) An instrument appointing a proxy shall be in a form approved by the
Minister for the purposes of this sub-section and shall be signed by the
person making the appointment.
''(4) A person claiming to be a proxy of another person is not entitled to act
as proxy of that other person at an annual general meeting unless he has
lodged the instrument by which he is appointed with the Corporation not less
than 14 days before the intended date of the meeting. Conduct of meetings
''30F. (1) An annual general meeting may be attended by-
(a) the members of the Corporation;
(b) persons who are entered on either or both of the registers at the date
of closure of the registers for the purposes of the meeting and who
have not ceased, since that date, to be entitled to be entered on
either register;
(c) persons, other than persons referred to in paragraph (a), (b) or (d),
to whom proxies have been granted; and
(d) such members of the staff of the Corporation as the Chairman
determines to be appropriate, having regard to the necessity for a
person other than a member of the Corporation to preside at the
meeting during consideration by the meeting of a motion of no
confidence in the Chairman or in the Corporation and to the effective
performance of the other functions of the Corporation associated with
the conduct of the meeting.
''(2) The Chairman shall preside at an annual general meeting.
''(3) In the event of the absence of the Chairman from an annual general
meeting, the Deputy Chairman shall preside at the meeting.
''(4) In the event of the absence of the Chairman and of the Deputy Chairman
from an annual general meeting, the member (if any) acting as Chairman by
virtue of sub-section 24 (2) shall preside at the meeting.
''(5) The Corporation shall cause a record to be kept of the proceedings
conducted at the annual general meeting. Voting at annual general meetings
''30G. (1) Subject to sub-section (3), where a person is entered on the
register referred to in sub-section 30J (1) on the day of closure of that
register for the purposes of an annual general meeting and the person has not,
since that day, ceased to be entitled to be entered on that register, the
person shall be entitled to vote, either in person or by proxy, in his
capacity as a person entered on that register, upon any matter to be
determined at the meeting and, for the purpose of so voting, to cast such a
number of votes as is calculated in accordance with a method determined by the
regulations, being a method that has regard to particulars entered on the
register with respect to the live-stock that are owned by the person.
''(2) Where a person is entered on the register referred to in sub-section 30J
(2) on the day of closure of that register for the purposes of an annual
general meeting and the person has not, since that day, ceased to be entitled
to be entered on that register, the person shall be entitled to vote, either
in person or by proxy, in his capacity as a person entered on that register,
upon any matter to be determined at the meeting and for that purpose to
exercise one vote.
''(3) Where a person is entered on both registers, the person is entitled, in
relation to any motion, to vote in his capacity as a person who is entered on
one of those registers and also to vote in his capacity as a person who is
entered on the other of those registers.
''(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, whether
notice of that motion has been given to the Corporation in accordance with
section 30C or not, that motion shall be taken to be passed if, and only if,
it is supported by-
(a) a majority of the votes cast at the meeting, either in person or by
proxy, by persons entered on one of the registers; and
(b) a majority of the votes cast at the meeting, either in person or by
proxy, by persons entered on the other 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 not be taken to have
been defeated unless-
(a) the number of votes actually cast against the motion, either in person
or by proxy, by persons entered on one register and entitled to vote
exceeds 75% of the number of votes that would have been cast 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 in
fact voted on the motion; and
(b) the number of votes actually cast against the motion, either in person
or by proxy, by persons entered on the other register and entitled to
vote exceeds 75% of the number of votes that would have been cast if
all persons entered on that other register on the day of closure of
that other register for the purposes of the meeting and entitled to
vote had in fact 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 be
passed if, and only if-
(a) the number of votes actually cast in support of the motion, either in
person or by proxy, by persons entered on one register and entitled to
vote exceeds 75% of the number of votes that would have been cast 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 in
fact voted on the motion; and
(b) the number of votes actually cast in support of the motion, either in
person or by proxy, by persons entered on the other register and
entitled to vote exceeds 75% of the number of votes that would have
been cast if all persons entered on that other register on the day of
closure of that other register for the purposes of the meeting and
entitled to vote had in fact voted on the motion.
''(7) The person presiding at an annual general meeting may, unless a person
present at the meeting and having a right to vote, either on his own behalf or
as a proxy for another person, indicates that he requires a vote to be taken
in accordance with sub-section (4), permit a vote on a motion of a kind
referred to in that sub-section, other than a motion of which notice was given
by the Corporation under section 30D, to be resolved by a show of hands.
''(8) Where a vote on a motion is permitted by a show of hands in accordance
with sub-section (7), a person attending the meeting who is entitled to vote
on the motion, including a person who is the proxy of another person or of
other persons, is entitled to cast one vote only on that motion and the motion
shall be taken to be passed if it is supported by a majority of the votes so
cast.
''(9) For the purposes of sub-sections (5) and (6), all persons who were
entered on a register on the day of closure of the register for the purposes
of an annual general meeting but who do not actually attend that meeting shall
be presumed to be entitled to vote at the meeting unless the Corporation is
satisfied to the contrary. Motions of no confidence
''30H. (1) If a motion of no confidence in the Chairman or in the Corporation
is moved at an annual general meeting, the person presiding at the meeting
shall cease to preside until the motion has been voted on and, during the
period that he does not so preside, a member of the staff of the Corporation
shall preside in his stead.
''(2) If a motion of no confidence in the Chairman is passed at an annual
general meeting, the Minister shall terminate the appointment of the Chairman
as soon as possible after the end of the meeting, and within a period of 1
month after the date of the meeting, appoint another person to be Chairman.
''(3) If a motion of no confidence in the Corporation is passed at an annual
general meeting, the Minister shall, within a period of 1 month after the date
of the meeting, by notice published in the Gazette, terminate the appointment
of each of the members of the Corporation (other than the Managing Director)
with effect from a date specified in the notice and, in accordance with
section 18, appoint a person in the place of each of the members whose
appointment has been so terminated.
''(4) Where the Minister is satisifed that it is not practicable, within a
period of one month after the date of an annual general meeting at which a
motion of no confidence in the Corporation has been passed, to appoint new
members in the place of each of the members whose appointment is required to
be terminated in accordance with sub-section (3), the Minister may, by
instrument in writing, declare that this sub-section applies to the
Corporation and, upon his so doing, the Corporation may, until he revokes the
declaration or the period of 6 months after the date of the meeting expires,
whichever first occurs, be constituted in accordance with sub-section (5).
''(5) For the purposes of sub-section (4), the Corporation shall consist of 4
members, namely-
(a) a Chairman;
(b) a member to represent the Commonwealth; and
(c) 2 other members, and, until the declaration under sub-section (4) is
revoked or expires, the Corporation as so constituted may, subject to
sub-section (8), exercise all the powers, and perform all the
functions of the Corporation as constituted in Part III except the
power under sub-section 30V (1) to appoint a Managing Director.
''(6) All members appointed to the Corporation as constituted for the purposes
of sub-section (4) shall be appointed by the Minister as part-time members.
''(7) The members referred to in paragraph (5) (c) shall be persons appointed
by the Minister from persons nominated to him, at his request, by the
Australian Meat and Live-stock Industry Selection Committee, for the purposes
of this section.
''(8) Decisions made by the Corporation as constituted for the purposes of
sub-section (4) shall not be valid unless-
(a) they are made at meetings at which all members of the Corporation as
so constituted are present; and
(b) they are approved by the Minister.
''(9) The fact that a person's appointment as a member of the Corporation has
been terminated under this section shall not be taken to imply that the person
may not be appointed, under and in accordance with this section, to the
Corporation as constituted for the purposes of sub-section (4) or, under and
in accordance with section 18, to the Corporation as constituted for the
purposes of that section.
''(10) The fact that a person has been appointed as a member of the
Corporation constituted for the purposes of sub-section (4) shall not be taken
to imply that the person may not be appointed, under and in accordance with
section 18, to the Corporation as constituted for the purposes of that
section. Corporation to establish and maintain certain registers
''30J. (1) The Corporation shall establish and maintain, in a manner specified
in the regulations, a register of producers of live-stock.
''(2) The Corporation shall establish and maintain, in a manner specified in
the regulations, a register of exporters of meat or live-stock and processors
of meat.
''(3) The regulations may specify the classes of persons involved in the
production of live-stock who are entitled to be entered on the register of
producers of live-stock referred to in sub-section (1) and the circumstances
in which persons who are entered on that register cease to be entitled to be
so entered.
''(4) The regulations may specify the classes of persons involved in the
export of meat or live-stock or in the processing of meat who are entitled to
be entered on the register referred to in sub-section (2) and the
circumstances in which persons who are entered on that register cease to be
entitled to be so entered.
''(5) A person may, by application in writing in the prescribed form, request
the Corporation to enter that person on a register.
''(6) An application by a person under sub-section (5) to be entered on a
register shall be accompanied by such documentary evidence of the entitlement
of the person to be entered on that register as is prescribed for the purposes
of this sub-section.
''(7) The Corporation shall, after considering an application by a person to
be entered on a register and any accompanying documentary evidence-
(a) if it is satisfied that the person is entitled to be entered on that
register-enter that person and such particulars of that person as are
prescribed on that register; and
(b) in any other case-refuse to enter that person on that register, and,
in either case, the Corporation shall inform the person, by notice in
writing, of its decision in relation to the matter.
''(8) The fact that a person is entered on one register does not prevent the
entry of that person on the other register.
''(9) The Corporation may, at such times as are specified in regulations made
for the purposes of this sub-section, by notice in writing forwarded to a
person who is entered on a register referred to in sub-section (1) or (2), at
the address of that person last known to the Corporation, require that person
to furnish to the Corporation, a return, in accordance with a form prescribed
by those regulations, setting out-
(a) such information relevant to establishing that the person has not
ceased to be entitled to be entered on that register as is specified
in those regulations; and
(b) in the case of a person who is entered on the register referred to in
sub-section (1)-such information or further information in respect of
live-stock owned by that person on the date or dates to which the
return relates as is specified in those regulations.
''(10) A notice issued under sub-section (9) shall require a return to which
it relates to be furnished to the Corporation within such period as is
specified in the notice, and, in the event that the return is not furnished to
the Corporation within that period, or, if furnished within that period, does
not contain such information as is required by the regulations in accordance
with paragraph (9) (a), the Corporation may proceed in accordance with section
30K to forward to the person to whom the first-mentioned notice was issued a
notice of the kind referred to in sub-section (1) of that section.
''(11) Where a notice is issued under sub-section (9) to a person entered on
the register referred to in sub-section (1) and the return of that person is
not furnished to the Corporation within the period specified in the notice,
or, if furnished within that period, does not contain such information as is
required by the regulations in accordance with paragraph (9) (b), the
Corporation may record in the register that no live-stock were owned by that
person on the date or dates to which the return relates.
''(12) The fact that the Corporation takes action under sub-section (10) or
(11) in respect of the failure of a person entered on the register referred to
in sub-section (1) to furnish a return, or in respect of the failure of such a
person to furnish a return containing such information as is required by the
regulations, shall not be taken to imply that the Corporation may not take
action under the other of those sub-sections in respect of the same failure.
Alteration of registers
''30K. (1) The Corporation shall, if, at any time, it has reason to believe
that a person has ceased to be entitled to be entered on a register, by notice
in writing forwarded to that person at the address of that person last known
to the Corporation, inform the person that it proposes to remove the entry of
the person from the register unless there is submitted to the Corporation,
within such time as is specified in the notice, adequate reason why that entry
should not be so removed.
''(2) Where the Corporation has, under sub-section (1), forwarded a notice to
a person who is entered on a register-
(a) if reasons why the entry of the person should not be removed from the
register are not submitted to the Corporation within the period
specified in the notice; or
(b) if reasons are so submitted but the Corporation remains of the view
that the person has ceased to be entitled to be entered on the
register, the Corporation shall remove the entry of the person from
the register and, by notice in writing sent to the person at the
address of the person last known to the Corporation, inform the person
that that entry has been so removed. No entries to be made upon
registers during certain periods
''30L. The Corporation shall not consider any application by a person for
entry upon a register, being an application that it has received after the day
of closure of the register in respect of a particular annual general meeting,
until after that meeting has taken place. Policy Council to receive copy of
resolutions
''30M. The Corporation shall, within 1 month after the holding of an annual
general meeting, provide the Australian Meat and Live-stock Industry Policy
Council with a copy of the text of all motions (other than motions of a kind
referred to in sub-paragraph 30B (4) (d) (ii) or (iii)) passed at the meeting.
''PART IIIB-DEVELOPMENT OF CORPORATE PLANS
''Division 1-Corporate Plans Corporation to develop Corporate plans
''30N. (1) The Corporation shall develop, for each successive period of 5
years, for the purposes of the more effective performance by the Corporation
of its functions, a plan defining the principal objectives of the Corporation
and giving a broad outline of the strategies to be pursued by the Corporation
in achieving those objectives.
''(2) A plan prepared in accordance with this Division shall be prepared in
written form and, in addition to the matters referred to in sub-section (1),
shall contain a statement assessing, for the period to which the plan relates,
the market outlook and the economic outlook for the industry.
''(3) A plan prepared in accordance with this Division shall also contain a
statement of the criteria to be applied by the Corporation in determining,
from time to time, whether the exercise of the powers of the Corporation
referred to in sub-section 16L (1) would, in circumstances other than the
circumstances referred to in that sub-section-
(a) be beneficial to the development, or the further development, in a
country or place outside Australia, of a market for meat or
live-stock, or of a market for meat or live-stock of any quality,
standard, grade or class; and
(b) be in the best commercial interests of the industry.
''(4) The first plan prepared in accordance with this Division shall be
expressed to relate to the period of 5 years commencing on 1 July 1985 or on
such later date as the Minister approves and each subsequent plan shall be
expressed to relate to the period of 5 years commencing on the expiration of
the period to which the immediately preceding plan relates. Approval of
corporate plans
''30P. (1) A plan prepared in accordance with this Division shall be submitted
to the Minister for approval at least 3 months prior to the intended date of
commencement of the period to which the plan relates and shall not come into
force until-
(a) the date of its approval by the Minister; or
(b) the date of commencement of the period to which it relates, whichever
is the later.
''(2) Where a plan is submitted to the Minister in accordance with sub-section
(1) and the Minister is of the opinion that, in the interests of the industry,
or of a particular sector of the industry, the plan should be revised in some
regard, the Minister may request the Corporation to revise the plan
appropriately and shall include in such request a statement setting out his
reasons for making the request.
''(3) Upon the Corporation receiving a request under sub-section (2), it shall
consider the request and statement of reasons and shall make such revision of
the plan as it considers to be appropriate and shall then resubmit the plan,
as so revised, to the Minister for approval. Variation of corporate plans by
Corporation
''30Q. (1) A corporate plan, whether or not it has come into force, may be
varied by the Corporation with the approval of the Minister.
''(2) When requesting the Minister's approval for a variation of a corporate
plan, the Corporation shall provide the Minister with a statement of its
reasons for making the request and shall provide the Minister with such other
information as the Minister requests.
''(3) The Minister may, after considering the request and statement of reasons
and such other information (if any) as has been provided at his request,
approve or reject the requested variation or may approve such lesser variation
as he thinks fit. Variation of corporate plans at request of Minister
''30R. (1) A corporate plan, whether or not it has come into force, may be
varied by the Corporation at the request, and with the approval, of the
Minister.
''(2) When requesting the Corporation to vary a corporate plan, the Minister
shall include in such request a statement setting out his reasons for making
the request.
''(3) Upon the Corporation receiving a request under sub-section (2) to vary a
corporate plan, it shall consider the request and statement of reasons and
shall make, and submit to the Minister for his approval, such variation of the
plan as it considers to be appropriate. Date of commencement of corporate
plans as varied
''30S. Where a variation of a corporate plan is approved by the Minister in
accordance with section 30Q or 30R, after the plan has come into force, the
plan as so varied shall continue in force on and after the date the variation
is so approved, as if the plan had originally been approved by the Minister as
so varied.
''Division 2-Annual Operational Plans Corporation to develop annual
operational plans
''30T. (1) The Corporation shall develop, and prepare in written form, for
each successive period of 1 year, a further plan setting out particulars of
the strategies to be pursued by the Corporation, for the duration of each such
period, in giving effect to the corporate plan that relates, or the intended
corporate plan that will relate, to a period including that year.
''(2) The first plan prepared in accordance with this Division shall be
expressed to relate to the period of 1 year commencing on the date of
commencement of the relevant corporate plan and each subsequent plan shall be
expressed to relate to the period of 1 year commencing on the expiration of
the period to which the immediately preceding annual operational plan relates.
Approval of annual operational plans
''30U. (1) A plan prepared in accordance with this Division shall be submitted
to the Minister for approval at least 2 months prior to the intended date of
commencement of the period to which the plan relates and shall not come into
force until-
(a) the date of its approval by the Minister; or
(b) the date of commencement of the period to which it relates, whichever
is the later.
''(2) Where a plan is submitted to the Minister in accordance with sub-section
(1) and the Minister is of the opinion that the plan is inconsistent with the
provisions of the corporate plan that relates, or the intended corporate plan
that will relate, to a period that includes or will include, the period to
which the first-mentioned plan will relate, the Minister may request the
Corporation to revise the first-mentioned plan appropriately and shall include
in such request a statement setting out his reasons for making the request.
''(3) Upon the Corporation receiving a request under sub-section (2), it shall
consider the request and statement of reasons and shall make such revision of
the plan as it considers to be appropriate and shall then resubmit the plan,
as so revised, to the Minister for approval.
''(4) Where, if a proposed variation of a corporate plan were to be approved
by the Minister, an annual operational plan, being an annual operational plan
that relates to a period that is included in the period to which the corporate
plan relates, would not be consistent with the provisions of the corporate
plan, the Corporation shall, at the time of submitting to the Minister for his
approval the variation of the corporate plan, also submit to the Minister for
his approval such a variation of the annual operational plan as it considers
to be appropriate.
''(5) The Minister shall approve an annual operational plan submitted to him
under sub-section (1) or re-submitted to him under sub-section (3), or a
variation of such a plan submitted to him under sub-section (4), unless he is
of the opinion that it is inconsistent with the provisions of the corporate
plan that relates, or the intended corporate plan that will relate, to a
period that includes or will include the period to which the annual
operational plan, or the annual operational plan as so varied, relates.
''(6) Where a variation of an annual operational plan is approved by the
Minister in accordance with sub-section (4) after the plan has come into
force, the plan as so varied shall continue in force on and after the date the
variation is so approved as if the plan had originally been approved by the
Minister as so varied.''.
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