Wool Industry (Market Support Fund-Refunds) Regulations (Cth)

Statutory Rules 1981 No. 154 1

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Wool Industry (Market Support Fund—Refunds) Regulations

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wool Industry Act 1972.

Dated 17 June 1981

STANLEY BURBURY

Administrator

By His Excellency’s Command,

PETER NIXON

Minister of State for Primary Industry

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Citation

1. These Regulations may be cited as the Wool Industry (Market Support Fund—Refunds) Regulations.

Interpretation

2. (1) In these Regulations, unless the contrary intention appears—

“sale value”, in relation to a quantity of wool, means the sale value of that quantity of wool as ascertained in accordance with section 10 of the Administration Act;

“the Act” means the Wool Industry Act 1972.

(2) Words and expressions used in these Regulations and in Part IIIa of the Act have in these Regulations, unless the contrary intention appears, the same respective meanings as they have in that Part.

Calculation of amount of refunds

3. (1) The proportion of the amount recovered or retained in respect of the wool tax payable on wool as mentioned in sub-paragraph 42j (1) (a) (i) or (b) (i), or in sub-section 42j (2) or (3), of the Act that is applicable to a sale referred to in that sub-paragraph or sub-section, as the case requires, is—

(a) where the sale took place before 19 August 1975—20/31; and

(b) where the sale took place on or after 19 August 1975—5/8.

(2) The proportion of the price referred to in sub-paragraph 42j (1) (a) (ii) or (b) (ii) that is applicable to a sale referred to in that sub-paragraph is—

(a) where the sale took place before 19 August 1975—20/369; and

(b) where the sale took place on or after 19 August 1975—5/92.

(3) The amount prescribed for the purposes of section 42j of the Act, being the amount referred to in sub-sections (5) and (6) of that section, is 1 cent.

Information to be furnished to Corporation by registered persons under section 42l

4. The information to be furnished to the Corporation by a registered person under sub-section 42l (1) of the Act in respect of the wool dealt with by him during a declared period, being wool in respect of which refunds are payable by him, is the following information:

(a) in relation to each quantity of wool that comprised so much of the first-mentioned wool as was the wool of a particular producer—

(i) the name and full postal address of the producer of the wool;

(ii) the distinguishing number (if any) assigned by the registered person to the producer of the wool;

(iii) where the refund payable in respect of the wool is payable to a person other than the producer of the wool—

(a) the name and full postal address of that other person; and

(b) the reason for which the refund is so payable;

(iv) the sale value of the wool;

(v) the amount of the refund payable in respect of the wool;

(b) in relation to the whole of the first-mentioned wool—the total amount of the refunds payable in respect of the wool.

Information to be furnished to Corporation by claimants under section 42n

5. (1) The information to be furnished to the Corporation under sub-section 42n (3) by a person who claims to be entitled to be paid an amount in respect of wool that is participating wool in respect of a declared period is the following information:

(a) the name and full postal address of the person;

(b) the quantity of the wool;

(c) the sale value of the wool (if known to the claimant);

(d) the amount of the wool tax imposed on the wool (if known to the claimant);

(e) the date, place and nature of the occurrence by reason of which wool tax was imposed on the wool;

(f) the name and full postal address of the person to whom the wool was sold or exported by the producer, or by whom the wool was subjected to a process of manufacture on behalf of the producer, as the case requires.

(2) A person making a claim under section 42n of the Act shall verify the information referred to in sub-regulation (1) by statutory declaration.

Information to be set out in returns by registered persons under section 42ab

6. The information to be furnished by a registered person in a return under sub-section 42ab (1) or (3) of the Act in respect of a quantity of wool dealt with by him as a registered person during a financial year to which Part IIIa of the Act applies, not being wool on which wool tax was imposed before being dealt with by him, is the following information:

(a) the name and address of the person—

(i) from whom he purchased the wool; or

(ii) on whose behalf he sold or exported the wool or subjected the wool to a process of manufacture,

as the case requires;

(b) the distinguishing number (if any) assigned by him to that person;

(c) whether that person was the producer of the wool;

(d) the value, for the purposes of the calculation of the amount of wool tax imposed on the wool, of the wool;

(e) either—

(i) the amount of wool tax imposed on the wool; or

(ii) an amount equal to 5% of the sale value of the wool.

NOTE

1. Notified in the Commonwealth of Australia Gazette