Wool Marketing Act 1987 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation
PART II—AUSTRALIAN WOOL CORPORATION
4. Australian Wool Corporation
5. Object of Corporation
6. Functions of Corporation
7. Powers of Corporation
8. Consultation
9. Committees
10. Delegation
11. Subsidiary companies etc.
12. Corporation to prepare corporate plans
13. Agreement to corporate plans
14. Variation of corporate plans by Corporation
15. Variation of corporate plans at request of Minister
16. Date of effect of variations
17. Corporation to prepare annual operational plans
18. Agreement to annual operational plans
19. Variation of annual operational plans
TABLE
OF PROVISIONS—
Section
20. Membership of Corporation
21. Deputy of Corporation Chairperson
22. Disclosure of interests
23. Leave of absence of appointed directors
24. Ending of appointments
25. Meetings of Corporation
26. Resolutions without formal meetings
27. Presiding Member
28. Minister may request nomination for membership of Corporation
29. Selection Committee
30. Nominations for Corporation
31. Selection of nominees for Corporation
32. Minister may reject nomination
33. Presiding Member to abolish Selection Committee
34. Meetings of Selection Committees
35. Staff and consultants
36. Applied provisions
37. Employees
38. Managing Director
39. Acting Managing Director
40. Management of affairs of Corporation
41. Corporation to develop and implement equal employment opportunity program
42. Regard to be had to equal employment opportunity program
43. Employment matters to be dealt with on basis of merit
PART III—FINANCE
44. Objects of Part
45. Functions of Corporation in relation to finance
46. Determination of apportionment of wool tax
47. Payments to Corporation
48. Market Support Fund
49. Dealings with Market Fund
50. Refund periods
51. Refunds
52. Application of money of Corporation
53. Raising of money by Corporation
54. Hedging through currency contracts etc.
55. Bank accounts
56. Investment of money of Corporation
57. Proper accounts to be kept
58. Separate accounts for wool stores
59. Audit
60. Appointment of commercial auditors
61. Remuneration and allowances
TABLE
OF PROVISIONS—
Section
PART IV—WOOL MARKETING
62. Objects of Part
63. Functions of Corporation in relation to wool marketing
64. Specific marketing powers of Corporation
65. Contracts for shipment of wool
66. Minimum reserve prices
67. Purchase of wool at minimum reserve prices
68. Intervention above minimum reserve prices
69. Purchase of wool above minimum reserve prices
70. Condition of wool to which scheme applies
71. Deferral of sales
72. Re-sale of wool
73. Minister may set guidelines for reserve price scheme
74. Powers of Corporation in relation to quality assurance for wool
75. Register
76. Certain persons to be on Register
77. Registration
78. Alteration of Register
79. Removal of name from Register
80. Identification
PART V—WOOL USE PROMOTION
81. Objects of Part
82. Functions of Corporation in relation to wool use promotion
83. Powers of Corporation in relation to wool use promotion
84. Review of effectiveness of promotion
PART VI—WOOL RESEARCH AND DEVELOPMENT
85. Objects of Part
86. Functions of Corporation in relation to wool research and development
87. Manner in which Corporation to exercise its powers
88. Agreements relating to wool research and development etc.
89. Corporation may participate in joint ventures
90. Continuation of Wool Research and Development Council
91. Functions of Research Council
TABLE
OF PROVISIONS—
Section
92. Continuation of Wool Research and Development Fund
93. Money to be paid into Research Fund
94. Application of Research Fund
95. Research Council to develop research and development plans
96. Agreement to research and development plans
97. Variation of research and development plans
98. Variation of research and development plans at request of Minister
99. Date of commencement of research and development plans as varied
100. Research Council to develop annual research and development programs
101. Agreement to annual research and development programs
102. Approval for funding of particular wool research and development activities
103. Constitution of Research Council
104. Acting Council Chairperson
105. Leave of absence
106. Removal and resignation of Council members
107. Disclosure of interests of Council members
108. Meetings of Research Council
109. Sub-committees of Research Council
110. Annual report of Research Council
111. Accountability to wool industry
PART VII—WOOL STORES
112. Objects of Part
113. Functions of Corporation in relation to wool stores
114. Ownership of wool stores
115. Establishment, functions and powers of the Australian Wool Stores Board of Management
116. Constitution of Wool Stores Board
117. Wool Stores Board to develop wool stores strategic plans
118. Wool Stores Board to develop wool stores annual operational plans
119. Annual report of Wool Stores Board
PART VIII—MISCELLANEOUS
120. Minister may give directions in exceptional circumstances
121. Liability to taxation
122. Register of Australian woolgrowers
123. Annual report
124. Report to meeting of Wool Council
125. Application for review
126. Statement to accompany notice of decisions
127. Regulations
PART IX—REPEAL AND TRANSITIONAL
128. Repeal
129. Continuation of appointments to Corporation
130. Continuation of appointments to Research Council
131. Continuation of committees etc.
TABLE
OF PROVISIONS—
Section
132. Continuation of appointments to committees
133. Transitional—determination of apportionment of wool tax
134. Transitional—reserve price
135. Transitional—annual report
136. Saving—superannuation
137. Saving—Commonwealth Functions (Statutes Review) Act
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“Administration Act” means the
Wool Tax (Administration )Act 1964 ;“annual operational plan” means a plan in force for the time being under section 18;
“annual report” means a report of the Corporation prepared under section 123;
“annual research and development program” means a program in force for the time being under section 101;
“appoint” includes re-appoint;
“appointed director” means a director other than the Managing Director;
“approved research and development activity” means a wool research and development activity that is approved by the Corporation under section 102 and that has not ceased to be such an activity under subsection (2) of this section;
“assessment action”, in relation to the equal employment opportunity program of the Corporation, means action by the Corporation to do all of the following things:
(a) to collect and record statistics and related information concerning employment by the Corporation, including the number and types of jobs undertaken by, or job classifications of:
(i) employees of either sex; and
(ii) persons in designated groups;
(b) to monitor and evaluate the implementation of the program; and
(c) to assess:
(i) the achievement of the objectives of the program; and
(ii) the effectiveness of the program by comparing statistics and information referred to in paragraph (a) with the indicators set under the policy action of the program;
“company auditor” means a firm or person carrying on the business of auditing accounts;
“consultation action”, in relation to the equal employment opportunity program of the Corporation, means action by the Corporation to:
(a) consult with its employees, particularly employees who are women or in designated groups; and
(b) consult with each trade union having members affected by the program;
in relation to the development and implementation of the program;
“controlled arrangements” means arrangements referred to in paragraph 63 (1) (d), (e), (f) or (g);
“corporate plan” means a plan in force under section 13;
“Corporation” means the Australian Wool Corporation continued in existence by section 4;
“Corporation auditor” means:
(a) if an appointment of a company auditor under subsection 60 (6) as the auditor of the Corporation is in effect—that company auditor; or
(b) in any other case—the Auditor-General;
“Corporation Chairperson” means the Chairperson of the Corporation;
“Council Chairperson” means the Chairperson of the Research Council;
“Council member” means a member of the Research Council and includes the Council Chairperson;
“designated group” has the same meaning as in the
Public Service Act 1922 ;“director” means a director of the Corporation and includes the Corporation Chairperson;
“discrimination” means:
(a) discrimination that is unlawful under the
Racial Discrimination Act 1975 or theSex Discrimination Act 1984 ; or(b) discrimination by which a person with a physical or mental disability is, because of the disability, treated less favourably than a person without the disability;
“employee” means a natural person appointed or engaged:
(a) under a contract of service, whether on a full-time, part-time, permanent, casual or temporary basis; or
(b) under a contract for services;
“employee information action”, in relation to the equal employment opportunity program of the Corporation, means action by the Corporation to inform its employees of the content of the program and of the results of any assessment action;
“employment matters” includes:
(a) recruitment procedure, and selection criteria, for appointment or engagement of persons as employees;
(b) promotion and transfer of employees;
(c) training and staff development for employees; and
(d) conditions of service of employees;
“equal employment opportunity program”, in relation to the Corporation, means a program of the Corporation that is designed to ensure:
(a) that appropriate action is taken to eliminate any discrimination by the Corporation against women and persons in designated groups in relation to employment matters; and
(b) that appropriate measures are taken by the Corporation to promote equal opportunity for women and persons in designated groups in relation to employment matters;
being a program that includes provision for assessment action, consultation action, employee information action, and policy action, in relation to the program;
“export auction” means an auction at which any wool sold may be exported;
“government director” means the director referred to in paragraph 20 (1) (c);
“industry standards”, in relation to wool, means the standards of preparation of wool for submission for sale referred to in paragraph 63 (1) (b);
“industry terms”, in relation to wool, means the terms and conditions relating to the acceptance of wool for sale and the sale of wool referred to in paragraph 63 (1) (c);
“Managing Director” means the person appointed as the Managing Director of the Corporation under section 38;
“manufacture”, in relation to wool, means to subject the wool to a process other than scouring, carbonising, combing or fellmongering;
“Market Fund” means the Market Support Fund continued in existence under section 48;
“member of Parliament” means a member of:
(a) the Parliament of the Commonwealth;
(b) the Parliament of a State; or
(c) the Legislative Assembly of the Northern Territory;
“participating wool”, in relation to a refund period, means:
(a) wool sold in Australia during that refund period by or on behalf of its producer;
(b) wool subjected to a process of manufacture during that refund period by or on behalf of its producer; or
(c) wool exported from Australia by or on behalf of its producer, being wool entered for export under the
Customs Act 1901 during that refund period;“policy action”, in relation to the equal opportunity program of the Corporation, means action by the Corporation to do all of the following things:
(a) confer responsibility for the development and implementation of the program (including a continuous review of the program) on a person having sufficient authority and status within the management of the Corporation to enable the person properly to develop and implement the program;
(b) examine policies and practices of the Corporation in relation to employment matters to identify:
(i) any policies or practices that constitute discrimination against women or persons in designated groups; and
(ii) any patterns (whether ascertained statistically or otherwise) of lack of equality of opportunity for women or persons in designated groups; and
(c) set:
(i) the objectives to be achieved by the program; and
(ii) the quantitative and other indicators against which the effectiveness of the program is to be assessed;
“Presiding Member” means the person appointed as Presiding Member of the Australian Wool Industry Selection Committees under section 27;
“process”, in relation to wool, means to subject the wool to a process of scouring, carbonising, combing or fellmongering;
“producer”, in relation to wool, means:
(a) where an agreement to sell the wool separately from the sheep was made before the wool was shorn—the person who owned the sheep immediately before the sale;
(b) where a gift of the wool is made before any sale of the wool has taken place—the person to whom the wool is given; or
(c) in any other case—the person who owns the wool immediately after it is shorn;
and, for the purposes of this definition, a person who has rights in the nature of an equity of redemption in respect of wool or sheep the subject of a mortgage or other security shall be deemed to be the owner of the wool or sheep;
“refund period” means a period, to which a declaration under section 50 applies;
“Register” means the Register of Woolclassers kept in accordance with section 75;
“registered woolclasser” means a woolclasser whose name is on the woolclassers register;
“repealed Act” means the
Wool Industry Act 1972 as in force immediately before 1 July 1987;“research and development plan” means a plan in force for the time being under section 96, and includes the plan continued in operation under subsection 95 (4);
“Research Council” means the Wool Research and Development Council continued in existence by section 90;
“Research Councils Selection Committee” means the Research Councils Selection Committee established by the
Rural Industries Research Act 1985 ;“Research Fund” means the Wool Research and Development Fund continued in existence by section 92;
“reserve price scheme”, in relation to the Corporation, means the scheme operated by the Corporation under Division 2 of Part IV;
“securities” includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents;
“Selection Comittee” means an Australian Wool Industry Selection Committee established under section 29;
“shorn wool” means wool that:
(a) has been obtained by shearing; and
(b) has not been subjected to any process other than scouring or carbonising;
“trade union” means:
(a) an organisation of employees registered under the
Conciliation and Arbitration Act 1904 ; or(b) a trade union within the meaning of a State Act or law of a Territory;
“woman” means a member of the female sex irrespective of age;
“wool” means sheep’s wool, and includes lambs’ wool;
“woolclassers register” means the register referred to in paragraph 63 (1) (n);
“Wool Council” means the organisation known as the Wool Council of Australia that was formed on 19 July 1979;
“wool premises” means premises to be used by a number of persons as a centre for all or any of the following purposes:
(a) trading in wool;
(b) handling and storing wool;
(c) packing and dumping wool;
(d) purposes related to a purpose referred to in paragraph (a), (b) or (c);
and includes equipment for use in relation to the use of any such premises;
“wool products” includes goods made wholly or partly from wool or from materials produced by processing wool;
“wool research and development” means systematic experimentation or analysis in any field of science, technology or economics carried out with the object of:
(a) acquiring knowledge that may be of use for the purposes of improving any aspect of the production, processing, storage, transport or marketing of wool or wool products; or
(b) applying knowledge for the purposes referred to in paragraph (a);
“wool research and development activity” means:
(a) a project for wool research and development;
(b) the training of persons to carry out wool research and development;
(c) the dissemination of information, or the provision of advice and assistance, to persons engaged in any aspect of the production, processing, storage, transport or marketing of wool or wool products for the purpose of encouraging those persons to follow practices, or to adopt technological developments, designed or adapted to improve the operation or efficiency of the wool industry;
(d) the publication of reports, periodicals, books or papers containing information related to any aspect of the production, processing, storage, transport or marketing of wool or wool products; or
(e) any activity incidental to an activity referred to in paragraph (a), (b), (c) or (d);
“wool stores annual operational plan” means a wool stores annual operational plan developed by the Wool Stores Board under section 118;
“Wool Stores Board” means the Australian Wool Stores Board of Management referred to in section 115;
“wool stores strategic plan” means a wool stores strategic plan developed by the Wool Stores Board under section 117;
“wool stores properties” means:
(a) the land and buildings referred to in section 114; and
(b) any land or buildings acquired by, or constructed for, the Corporation after the commencement of this Act and used for the purpose of storing wool for the benefit of the wool industry;
“Wool Tax Act” means the
Wool Tax Act (No. 1 )1964 , theWool Tax Act (No. 2 )1964 , theWool Tax Act (No. 3 )1964 , theWool Tax Act (No. 4 )1964 or theWool Tax Act (No. 5 )1964 ;“wool use promotion” means the promotion of the use of wool and of wool products.
(a) the Corporation Chairperson may be referred to as the Corporation Chairman or the Corporation Chairwoman, as the case requires; and
(b) the Council Chairperson may be referred to as the Council Chairman or the Council Chairwoman, as the case requires.
(a) is essential for the effective performance of the duties to which the employment matters relate; and
(b) is not unlawful under the
Racial Discrimination Act 1975 or theSex Discrimination Act 1984.
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued in its corporate name.
(a) facilitating wool marketing;
(b) wool use promotion;
(c) funding and administering wool research and development; and
(d) owning and managing wool stores.
(a) the functions relating to finance specified in section 45;
(b) the functions relating to wool marketing specified in section 63;
(c) the functions relating to wool use promotion specified in section 82;
(d) the functions relating to wool research and development specified in section 86;
(e) the functions relating to wool stores specified in section 113; and
(f) such other functions as are conferred on the Corporation by any other provision of this Act.
(a) otherwise than for a purpose in respect of which the Parliament has power to make laws; or
(b) so as to give preference to one State or any part thereof over another State or any part thereof or otherwise inconsistently with the Constitution.
(a) carry out tests of wool and other fibres, whether natural or otherwise;
(b) carry out tests of wool products and similar products made wholly or partly from other fibres;
(c) make applications, including joint applications, for patents;
(d) deal with patents vested in the Corporation;
(e) acquire by agreement, and dispose of, property or rights in relation to land or buildings;
(f) buy wool for use in the performance of its functions;
(g) appoint agents, whether in Australia or elsewhere; and
(h) make arrangements and agreements with persons, authorities or associations in Australia or elsewhere and, with the consent of the Minister, with a State.
(a) the Corporation’s agreeing to meet travel expenses reasonably incurred by a person in relation to the consultation; and
(b) subject to guidelines given to the Corporation by the Minister, the Corporation’s agreeing to meet expenses, other than travel expenses, reasonably incurred in relation to the consultation by the Wool Council or a member of the Wool Council.
(a) directions as to the manner in which the committee is to carry out its functions; and
(b) directions with respect to the procedure to be followed in relation to meetings of the committee, including directions with respect to:
(i) the convening of meetings of the committee;
(ii) the number of members of the committee to constitute a quorum;
(iii) the appointment of a member of the committee to preside at meetings of the committee; and
(iv) the manner in which questions arising at a meeting of the committee shall be decided.
(a) a person appointed under this Act;
(b) a committee established under section 9;
(c) a member of such a committee; or
(d) an employee of the Corporation;
any of the powers of the Corporation under this Act, except this power of delegation.
(a) form, or participate with other persons in the formation of, a company;
(b) acquire, hold or dispose of shares or stock in the capital of, or debentures or other securities of, a company; or
(c) enter into a partnership, or arrange for the sharing of profits, with a company.
(a) no longer carries on a business that relates to a matter that is within the functions or duties of the Corporation or with respect to which the Corporation may exercise powers; or
(b) commences to carry on a business that is not a business of the kind referred to in paragraph (a).
(a) define what, in the opinion of the Corporation, should be the Corporation’s principal goals;
(b) give an outline of the strategies that are, in the opinion of the Corporation, to be pursued in achieving those goals;
(c) set out the Corporation’s assessment, for the period to which the plan relates, of the market outlook and the economic outlook for the wool industry;
(d) give a broad outline of the strategies to be pursued by the Corporation and the Research Council in relation to wool research and development;
(e) include provision for management of the Corporation’s wool stores, taking account of the relevant wool stores strategic plans;
(f) propose significant activities for the Corporation and its subsidiaries; and
(g) include the Corporation’s equal opportunity employment program developed under section 41.
(a) agree to the plan; or
(b) if the Minister is of the opinion that, in the interests of the wool industry, the plan should be revised in some respect—request the Corporation to revise the plan appropriately.
(a) at the commencement of the period to which the plan relates; or
(b) on the day on which the Corporation receives notice of the Minister’s agreement;
whichever is the later.
(a) a corporate plan has come into force; and
(b) a variation to the plan is agreed to by the Minister under section 14 or 15 or the Corporation makes a variation of a minor nature to the plan;
the plan shall continue in force as so varied on and after the day on which the Corporation receives notice of the Minister’s agreement or the day on which the Corporation makes the variation of a minor nature, as the case may be.
(a) specify the factors likely to affect the reserve price scheme, including the need for market intervention above minimum reserve prices;
(b) include particulars of proposed wool research and development activities;
(c) in making provision for management of the wool stores properties, take account of the relevant wool stores annual operational plan; and
(d) propose action to implement the Corporation’s equal employment opportunity program.
(a) agree to the plan; or
(b) if the Minister is of the opinion that the plan is inconsistent with the provisions of the corporate plan, or the intended corporate plan, the first financial year of which is, or will be, the period to which the first-mentioned plan will relate—request the Corporation to revise the first-mentioned plan appropriately.
(a) at the commencement of the period to which the plan relates; or
(b) on the day on which the Corporation receives notice of the Minister’s agreement;
whichever is the later.
(a) a Corporation Chairperson;
(b) subject to subsection (6), the Managing Director;
(c) a government director; and
(d) 8 other directors.
(a) during any vacancy in the office of the Corporation Chairperson; and
(b) during any period when the Corporation Chairperson is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office of Corporation Chairperson.
(a) the occasion for the person’s appointment had not arisen;
(b) there is a defect or irregularity in connection with the person’s appointment;
(c) the person’s appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
(a) be present during any deliberation of the Corporation with respect to that matter; or
(b) take part in any decision of the Corporation with respect to that matter.
(a) be present during any deliberation of the Corporation for the purpose of making the determination; or
(b) take part in the making by the Corporation of the determination.
(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;
(b) not being a Corporation Chairperson appointed on a full-time basis, is absent, except on leave of absence granted under section 23, from 3 consecutive meetings of the Corporation; or
(c) fails, without reasonable excuse, to comply with an obligation imposed by section 22;
the Minister shall end the director’s appointment.
(a) engages, without the consent of the Minister, in paid employment outside the duties of his or her office; or
(b) is absent from duty, except on leave of absence granted under section 23, for 14 consecutive days or for 28 days in any period of 12 months;
the Minister shall end the Corporation Chairperson’s appointment.
(a) for the purpose of appointing the directors referred to in paragraph 20 (1) (d); and
(b) for the purpose of filling a vacancy caused by the resignation of, or the ending of the appointment of, any of the directors so referred to;
by notice in writing given to the Presiding Member, request the Presiding Member to establish a Selection Committee so that the Committee can give to the Minister, within the period specified in the notice, the name of a person, or the names of persons, as the case requires, considered by the Committee to be suitable for appointment.
(a) establish an Australian Wool Industry Selection Committee for the purpose of nominating a person or persons for appointment to the Corporation; and
(b) give to the Wool Council a notice in writing requesting the Council to nominate to the Minister persons for appointment to the Selection Committee.
(a) the Presiding Member; and
(b) not fewer than 3 nor more than 6 other members appointed by the Minister on the nomination of the Wool Council.
(a) shall invite the Wool Council to nominate to the Committee a person or persons for appointment; and
(b) without limiting subsection 29 (4), may, by advertisement in a newspaper circulating throughout Australia, invite applications for nomination for appointment.
(a) a statement containing, in respect of the person, or of each of the persons, nominated:
(i) details of the person’s qualifications and experience; and
(ii) such other information relating to the person as the Committee thinks appropriate to include to help the Minister to decide whether to appoint the person; and
(b) a statement specifying how, in the opinion of the Committee, the nomination or nominations will best ensure that the directors collectively possess qualifications and experience in the fields of activity referred to in subsection 31 (1).
(a) woolgrowing;
(b) wool processing, including the manufacture of wool products;
(c) wool and textile research and development;
(d) marketing and export of commodities;
(e) finance;
(f) product promotion;
(g) transport and shipping;
(h) storage and distribution;
(j) property management;
(k) industrial relations and practices;
(m) business administration and law.
(a) the Minister has appointed to the Corporation a person nominated by the Selection Committee;
(b) the Committee has not made any nominations for appointment that have yet to be accepted or rejected by the Minister; and
(c) there are no outstanding matters in a request by the Minister under section 28 or 32 that are still to be dealt with by the Committee;
the Presiding Member shall abolish the Committee.
(a) engage persons (who are not employees of the Corporation) to perform administrative and clerical services in connection with the performance of the Committee’s function; and
(b) engage as consultants to the Committee persons having suitable qualifications and experience to assist the Committee in identifying persons suitable for nomination for appointment to the Corporation;
on such terms and conditions of engagement as are determined by the Committee.
(a) references in those provisions to the Corporation were references to the Selection Committee;
(b) references in those provisions to the Corporation Chairperson were references to the Presiding Member; and
(c) references in those provisions to directors or to appointed directors were references to the members of the Selection Committee.
(a) if the Corporation Chairperson is appointed on a full-time basis—the Corporation Chairperson; or
(b) in any other case—the Managing Director.
(a) determine, subject to the approval of the Minister, the terms and conditions of service of the Managing Director in respect of matters not provided for by this Act, including terms and conditions relating to remuneration and allowances; and
(b) at any time end such an appointment.
(a) during a vacancy in the office of Managing Director, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Managing Director is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of Managing Director;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(a) determine the terms and conditions, including remuneration and allowances, if any, on which a person is to act under this section; and
(b) end an appointment under this section at any time.
vacant while that person is so acting, that person may continue so to act until the Corporation otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred ends, whichever first happens.
(a) the occasion for the person’s appointment had not arisen;
(b) there is a defect or irregularity in connection with the person’s appointment;
(c) the person’s appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
(a) during any period during which the Corporation Chairperson has been appointed on a full-time basis—by the Corporation Chairperson; and
(b) during any other period—by the Managing Director.
(a) to make provision for the performance by the Corporation of its functions in relation to finance under section 45; and
(b) to ensure the maximum utilisation of money received, held and used by the Corporation on behalf of Australian woolgrowers.
(a) to receive money payable to the Corporation under section 47, and to raise such other money, under section 53, as is necessary for the purpose of performing its functions;
(b) to provide money, in accordance with this Act, in relation to wool marketing, wool use promotion, wool research and development, wool stores and related activities;
(c) to operate the Market Fund;
(d) to make refunds from the Market Fund under Division 3 of Part III;
(e) to maintain and operate separate financial accounts for each of the Corporation’s principal activities;
(f) to undertake hedging operations through entering into currency contracts, interest rate contracts and wool futures contracts under section 54; and
(g) to maximise returns on money held by the Corporation by investing the money under section 56.
(a) the percentage of the sale value of shorn wool that is to be paid in that year into the Market Fund;
(b) the percentage of that value that is to be paid in that year to the Corporation for wool use promotion and for the general purposes of the Corporation; and
(c) the percentage of that value that is to be paid in that year into the Research Fund.
(a) neither of the percentages determined under paragraphs (1) (a) and (b) are less than 2.5%;
(b) the percentage determined under paragraph (1) (c) is not less than 0.25%; and
(c) the sum of the percentages determined that apply in relation to the sale value of particular shorn wool is equal to the percentage specified in the rate of tax imposed by a Wool Tax Act that is the rate of tax that applied to that wool.
(a) an amount equal to such percentage of the sale value of that shorn wool as has been determined under paragraph 46 (1) (a) in respect of the financial year in which the amount is paid;
(b) an amount equal to such percentage of that value as has been determined under paragraph 46 (1) (b) in respect of that year;
(c) an amount equal to such percentage of that value as has been determined under paragraph 46 (1) (c) in respect of that year.
(a) amounts paid to the Corporation under paragraph 47 (1) (a);
(b) interest received on advances made in accordance with subparagraph (2) (a) (ii) or (iii) less administrative expenses incurred by the Corporation in relation to those advances;
(c) income derived from investments made in accordance with paragraph (2) (b);
(d) amounts representing interest on money standing to the credit of the Market Fund and used by the Corporation for the purchase of wool, being interest at rates determined by the Corporation;
(e) amounts received by the Corporation because of the sale or disposal of wool under subsection 72 (1); and
(f) an amount equal to the most recent market value of wool equivalent to wool referred to in subsection 72 (2).
(a) may be used by the Corporation:
(i) for the purchase of wool in the performance of its functions under paragraph 63 (1) (a);
(ii) in the payment of advances to woolgrowers the marketing of whose wool has been delayed by the exercise of the powers and the performance of the functions of the Corporation;
(iii) with the agreement of the Wool Council, in the payment of advances to woolgrowers the marketing of whose wool has been delayed by unforeseen events;
(iv) in the payment of costs incurred by the Corporation in operations in relation to a reserve price scheme, including the payment of interest on any money borrowed by the Corporation for the purpose of such operations; or
(v) in the payment of refunds in accordance with section 51 of this Act or under Part IIIa of the repealed Act and in meeting the administrative expenses (including fees paid in respect of any arbitration carried out) incurred in relation to the payment, or intended payment, of such refunds; or
(b) may be invested in accordance with section 56;
and the accounts of the Corporation shall identify amounts so used or invested.
(a) storing, handling, processing, manufacturing and selling wool purchased or sold by the Corporation as part of the scheme; and
(b) operations relating to the payment of advances to woolgrowers.
(a) disposes of wool purchased by it under its reserve price scheme (in this subsection called the “original wool”) and subsequently:
(i) re-purchases the original wool after it has been processed;
(ii) disposes of wool so re-purchased; or
(iii) purchases wool products derived wholly or partly from the original wool;
(b) manufactures or arranges for the manufacture of wool products wholly or partly from wool purchased by it under its reserve price scheme or from wool referred to in subparagraph (a) (i); or
(c) disposes of wool products referred to in subparagraph (a) (iii) or paragraph (b);
then, for the purposes of this section, the operations of the Corporation referred to in subparagraph (2) (a) (iv) include any action of the Corporation referred to in paragraph (a), (b) or (c).
(a) the Wool Council shall inform the Minister of the disagreement; and
(b) the Minister, after consulting the Wool Council and the Corporation, may, by notice published in the
Gazette ,declare that year or a year, or consecutive years, in that period to be a refund period.
(a) the entitlements of persons to be paid refunds in respect of participating wool for a refund period and the amounts of those refunds;
(b) the making of claims upon the Corporation for refunds;
(c) the manner of payment of refunds, including:
(i) the payment of money to persons for the purpose of those persons making the refunds;
(ii) the application of such money by those persons;
(iii) the payment of remuneration by the Corporation to those persons; and
(iv) the provision to the Corporation by those persons of information relevant to the payment of refunds;
(d) the recovery by the Corporation of overpayments of refunds;
(e) the maintenance by the Corporation of records of persons registered under the Administration Act;
(f) the entry onto premises under search warrants issued under the regulations, for purposes connected with the making of refunds;
(g) prescribing penalties not exceeding $5,000 for offences against the regulations; and
(h) any other matters relating to the payment of refunds.
(a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Corporation in relation to the performance of its functions, or the exercise of its powers, under this Act;
(b) in payment, under section 61, of remuneration and allowances to persons referred to in paragraphs 61 (1) (a), (b) and (c);
(c) in payment of remuneration and allowances of the Managing Director and persons employed by the Corporation;
(d) in payment of expenses, charges, obligations and liabilities incurred or undertaken in connection with the nomination under Division 4 of Part II of persons for appointment to the Corporation;
(e) in payment, under arrangements entered into under section 8, of expenses incurred by the Wool Council or by any person in connection with consultation carried out under such arrangements; and
(f) in making any other payments that the Corporation is authorised or required to make under this Act.
(a) borrow money otherwise than by dealing with securities; or
(b) borrow, or otherwise raise, money by dealing with securities.
(a) the value of the total assets of the Corporation shown in the audited accounts of the Corporation last published before that time; and
(b) the amount of the current liabilities of the Corporation shown in those accounts.
(a) the repayment of money borrowed in accordance with this section and the payment of money (including interest) that the Corporation is otherwise liable to pay in respect of those borrowings; and
(b) the payment of any money (including interest) that the Corporation is liable to pay in respect of dealing with securities in accordance with this section.
(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re-selling securities;
(b) creating, selling, purchasing or re-selling rights or options in respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
(a) a borrowing or raising, or a proposed borrowing or raising, of money by the Corporation; or
(b) the making by the Corporation of payments outside Australia for wool use promotion or other services;
enter into and deal with currency contracts, interest rate contracts or wool futures contracts for hedging purposes at a financial market (whether at a place in or outside Australia).
only if, the contract is for the purpose of minimising the risks of adverse variations in:
(a) the costs of a borrowing or raising, or a proposed borrowing or raising, of money by the Corporation;
(b) payments made by the Corporation outside Australia for wool use promotion or other services; or
(c) payments to or by the Corporation in relation to transactions in foreign currencies.
(a) in securities of, or guaranteed by, the Commonwealth or a State;
(b) on deposit with a bank; or
(c) in any other way that is consistent with sound commercial practice.
(a) separate from and in addition to the other accounts kept by it; and
(b) maintained in conformity with accepted commercial practices.
(2) The wool stores properties shall be:(a) provided for in the accounts kept under this section; and
(b) re-valued at sworn valuation at intervals of not more than 5 years.
Penalty:
(a) in the case of a natural person—a fine of $1,000; or
(b) in the case of a body corporate—a fine of $5,000.
(a) the Minister refuses to make an appointment; or
(b) the Minister revokes an appointment;
the Minister shall inform the Corporation, in writing, of the decision and of the reasons for the decision.
(a) appointed directors;
(b) members of committees established under section 9;
(c) members of Selection Committees;
(d) Council members;
(e) members of sub-committees established by the Research Council under section 109.
(a) to make provision for the performance by the Corporation of its functions in relation to wool marketing under section 63; and
(b) to ensure that:
(i) the export marketing of Australian wool is effective; and
(ii) the prices received for that wool are not subject to undue fluctuation or irregularity and are at appropriate levels.
(a) to operate a reserve price scheme in respect of wool offered for sale at auction or by electronic means;
(b) to formulate, secure the observance of, and implement standards of preparation of wool for submission for sale at auction or otherwise, including standards in respect of wool packs;
(c) to formulate, and secure the adoption of, terms and conditions governing the acceptance of wool for sale, and the sale of wool, at auction or otherwise;
(d) to make arrangements with respect to programs for the sale of wool at auction, and by tender, and the quantities and kinds of wool to be offered at such wool sales, and for the payment of advances to persons the marketing of whose wool is delayed by reason of such arrangements;
(a) is a wool research and development activity of a kind recommended for funding in that program; and
(b) is not a wool research and development activity to be undertaken by the Corporation.
(a) set out the nature of that activity;
(b) contain an estimate of the likely duration of that activity;
(c) contain an estimate of the total amounts (if any) of the financial contributions that have, since 1 July 1986, been made, or that, in the opinion of the Research Council, should in the future be made, by the Corporation in respect of that activity; and
(d) contain an estimate of the total amount of the contribution that, in the opinion of the Research Council, should be made by the Corporation in respect of that activity during the period to which the plan relates.
(a) a Council Chairperson appointed under subsection (3);
(b) 4 members appointed under subsection (4); and
(c) 4 members appointed under subsection (5).
(a) the Research Council were a Research Council within the meaning of that Act;
(b) wool and wool products were the kinds of goods in respect of which the Research Council is established;
(c) the Wool Council were the relevant industry organisation, within the meaning of that Act, in relation to wool and wool products; and
(d) references in that Part to the nomination of a person for appointment as a Council member were references to the nomination of a person for appointment to an office of Council member referred to in paragraph (1) (c) of this section.
(a) during a vacancy in the office of Council Chairperson whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Council Chairperson is absent from Australia, or is, for any other reason, unable to perform the functions of the office of Council Chairperson;
but a person appointed to act during a vacancy shall not continue so to act after the end of the period of 12 months commencing on the day on which the vacancy occurred.
(a) determine the terms and conditions of the appointment, including remuneration and allowances; and
(b) end the appointment at any time.
(a) the occasion for the person’s appointment had not arisen;
(b) there is a defect or irregularity in connection with the person’s appointment;
(c) the person’s appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the Council member’s creditors or makes an assignment of the Council member’s remuneration for their benefit;
(b) fails, without reasonable excuse, to comply with the Council member’s obligations under section 107;
(c) being the Council Chairperson, is absent, except with the leave of the Minister, from 3 consecutive meetings of the Research Council; or
(d) being a member other than the Council Chairperson, is absent, without the leave of the Council Chairperson, from 3 consecutive meetings of the Research Council.
(a) a person who is a director is appointed as a Council member referred to in paragraph 103 (1) (b); and
(b) that person ceases to be a director;
the Minister shall, if the Corporation so requests, end the appointment of that person as a Council member.
(a) 5 Council members constitute a quorum;
(b) all questions shall be decided by a majority of votes of the Council members present and voting; and
(c) the person presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(a) have contributed to the objectives set out in the research and development plan that relates to a period that includes that year; and
(b) have given effect to the annual research and development program in respect of that year.
(a) shall submit the report to the Minister; and
(b) may, when so submitting the report, submit to the Minister its own written comments concerning the report.
(a) to consider the report;
(b) to receive an address by the Council Chairperson with respect to the activities of the Research Council in the period to which the report relates and with respect to the intended activities of the Research Council in the year next following the end of that period; and
(c) to question the Council Chairperson concerning any aspect of the Research Council’s activities during the period to which the report
relates and any aspect of the intended activities of the Research Council.
(a) to make provision for the performance by the Corporation of its functions in relation to wool stores under section 113; and
(b) to make provision for the efficient and effective management of the Corporation’s wool stores.
(a) a Chairperson of the Wool Stores Board;
(b) a Chief Executive Officer of the Wool Stores Board;
(c) 2 other members.
(a) develop, and prepare in written form, for each successive period for which the Corporation is required to prepare a corporate plan under section 12, a wool stores strategic plan; and
(b) submit it to the Corporation in sufficient time for the Corporation to take it into account in the preparation of its corporate plan for that period.
(a) develop, and prepare in written form, for each successive period for which the Corporation is required to prepare an annual operational plan under section 17, a wool stores annual operational plan; and
(b) submit it to the Corporation in sufficient time for the Corporation to take it into account in the preparation of its annual operational plan for that period.
(a) an assessment of the extent to which the operations of the Wool Stores Board during the financial year to which the report relates have given effect to the wool stores annual operational plan that relates to a period corresponding to, or contained within, that financial year; and
(b) a statement of the rate of return achieved during that year on capital invested in the Corporation’s wool stores.
(a) the Minister is satisfied that, because of the existence of exceptional circumstances, it is necessary to give the direction to the Corporation in order to ensure that the performance of the functions, or the exercise of the powers, of the Corporation does not conflict with major government policies;
(b) the Minister has given to the Corporation a written notice stating that the Minister is considering giving the direction; and
(c) the Minister has given to the Corporation Chairperson an adequate opportunity to discuss with the Minister the need for the proposed direction.
(a) the Minister shall:
(i) cause a written notice setting out particulars of the direction to be published in the
Gazette as soon as practicable after giving the direction; and(ii) cause a copy of that notice to be laid before each House of the Parliament within 15 sitting days of that House after the publication of the notice in the
Gazette ; and(b) the annual report for the year in which the direction was given shall include:
(i) particulars of the direction; and
(ii) particulars of the impact of that direction on the operations of the Corporation.
(a) the Minister, on the recommendation of the Corporation, determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the commercial activities of the Corporation; or
(b) the Minister determines, in writing, that compliance with the subsection is undesirable because compliance would, or would be likely to, be prejudicial to the national interest of Australia.
(a) significant capital works programs undertaken by the Corporation during that year;
(b) any formation of companies, or acquisition or disposal of shares or stock in companies, by the Corporation during that year;
(c) significant shipping activities undertaken by or on behalf of the Corporation during that year;
(d) the operation of, and significant property transactions or property developments associated with, wool stores properties during that year;
(e) significant purchases and dispositions of real property (other than property forming part of the wool stores properties) by the Corporation during that year;
(f) futures trading activities undertaken by or on behalf of the Corporation during that year; and
(g) the percentages of the sale value of shorn wool during that year determined under section 46.
(a) an assessment of the extent to which the operations of the Corporation during that year have contributed to the objectives set out in:
(i) the corporate plan that came into force at the beginning of that year; and
(ii) the annual operational plan that relates to a period corresponding to that year;
(b) particulars of any variations to a corporate plan agreed to by the Minister under section 14 or 15, and any variations to an annual operational plan agreed to by the Minister under section 18, during that year;
(c) a report on the development and implementation of the Corporation’s equal employment opportunity program during that year;
(d) a copy of the report prepared by the Research Council under section 110 in respect of that year; and
(e) a copy of the report prepared by the Wool Stores Board under section 119 in respect of that year.
(a) a summary of the action taken by the Corporation to develop and implement its equal employment opportunity program; and
(b) the result of any monitoring, evaluation or assessment referred to in the definition of “assessment action” in subsection 3 (1).
(a) whether, in the auditor’s opinion, the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records and, in the auditor’s opinion, show fairly the financial transactions and the state of the affairs of the Corporation;
(c) whether, in the auditor’s opinion, the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Corporation during the year have been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the auditor considers should be reported to the Minister.
(a) present the annual report to that meeting;
(b) report to the meeting on the operations of the Corporation and of the Wool Stores Board during that year; and
(c) make himself or herself available to answer questions arising out of the reports referred to in paragraphs (a) and (b).
(a) a decision of the Corporation in relation to the payment, or non-payment, of a refund under section 51;
(b) a decision of the Corporation under paragraph 77 (4) (b) refusing to enter the name of a person on the Register; or
(c) a decision of the Corporation for the purposes of subsection 79 (1).
(a) the powers of the Corporation under subsection 74 (1);
(b) the prohibition of the export of wool sold in contravention of the regulations;
(c) the registration of wool test houses;
(d) the fees payable in respect of the registration of wool test houses;
(e) the registration and inspection of sampling sites for the purposes of subsection 116 (2) of the
Commonwealth Functions (Statutes Review )Act 1981 ; and(f) the fees payable in respect of the registration and inspection of sampling sites in accordance with the regulations.
Wool Industry Act 1972;
Wool Industry Act 1973;
Wool Industry Act 1974;
Wool Industry Act (No. 2 )1974;
Wool Industry Amendment Act 1976;
Wool Industry Amendment Act 1977;
Wool Industry Amendment Act (No. 2 )1977;
Wool Industry Amendment Act 1978;
Wool Industry Amendment Act 1979;
Wool Industry Amendment Act (No. 2 )1979;
Wool Industry Amendment Act 1980;
Wool Industry Amendment Act 1981;
Wool Industry Amendment Act 1984;
Wool Industry Amendment Act 1985;
Wool Industry Amendment Act 1986.
on that day, then, on and after that day, this Act has effect as if that determination had been made under that section.
(a) the obligations of the Corporation under section 90 of the repealed Act to prepare and furnish to the Minister a report of its operations during the year that ended on 30 June 1987, together with financial statements in respect of that year, and to submit the financial statements to the Auditor-General;
(b) the obligation of the Auditor-General to report to the Minister under subsection 90 (2) in relation to the financial statements; or
(c) the obligation of the Minister under subsection 90 (3) in relation to the Corporation’s report, the financial statements and the Auditor-General’s report.
(a) the definition of “Authority” in section 114 of that Act were amended by inserting “that had been” before “continued”;
(b) the definition of “Corporation” in that section were amended by inserting “that had been” before “established”;
(c) the reference in subsection 115 (6) of that Act to paragraph 35 (a) of the repealed Act as amended by that Act were a reference to paragraph 52 (a) of this Act; and
(d) the reference in subsection 116 (2) of that Act to the repealed Act were a reference to this Act.
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House of Representatives on 30 April 1987
Senate on 11 May 1987
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