Wool Marketing Regulations (Amendment) (Cth)
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulations under
the
Dated 3 June 1988.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
JOHN KERIN
Minister of State for Primary Industries
the Energy
_________
“‘authorised person’ means a person appointed under regulation 23;
‘examinable document’ means any book or document relevant to the making of refunds under the Act and these Regulations;”.
(1) The amount of the refund payable in respect of wool that is participating wool in respect of a refund period by reason that it was sold by or on behalf of the producer during that period is:
(a) if the wool was sold by a wool-broker on behalf of the producer or was sold by the producer to a registered wool-dealer or to a manufacturer:
(i) in a case where the Corporation is satisfied that an amount in respect of the wool tax payable on the wool was recovered or retained as provided in section 12 of the Administration Act-an amount calculated in accordance with the formula:
(ii) in a case where subparagraph (i) does not apply but the Corporation is satisfied that, under the agreement for sale of the wool, the producer was paid a price for the wool fixed after allowing an amount in respect of wool tax-an amount calculated in accordance with the formula:
(b) if the wool was sold by the producer to a person in circumstances other than those set out in paragraph (a):
(i) in a case where the Corporation is satisfied that an amount in respect of the wool tax payable on the wool was recovered from the producer or retained by the person to whom the wool was sold from moneys due and payable to the producer-an amount calculated in accordance with the formula:
(ii) in a case where subparagraph (i) does not apply but the Corporation is satisfied that, under the agreement for sale of the wool, the producer was paid a price for the wool fixed after allowing an amount in respect of wool tax-an amount calculated in accordance with the formula:
The amount of the refund payable in respect of wool that is participating wool in respect of a refund period by reason that it was used in manufacture by or on behalf of the producer during the refund period or exported by or on behalf of the producer during that period is an amount calculated in accordance with the formula:
For the purposes of subregulations (1) and (2):
(a) ATA is the amount in respect of the wool tax payable on the wool that was recovered or retained as provided in section 12 of the Administration Act;
(b) ATB is the amount in respect of the wool tax payable on the wool that was recovered from the producer or retained by the person to whom the wool was sold; (c) ATC is the amount paid on account of wool tax by the producer on the wool;
(d) PSV is the figure that denotes the percentage of the sale value of shorn wool paid in the refund period into the Market Fund;
(e) PTP is the figure that denotes the percentage specified in the rate of tax imposed by a Wool Tax Act that is the rate of tax that applied to the wool; and
(f) PW is the price that was paid for the wool.
Where a refund period consists of 2 or more financial years and the percentage of the sale value of shorn wool paid into the Market Fund was altered during that refund period, the amount of the refund payable in respect of participating wool for that period is the aggregate of the amounts that would be payable under subregulation (1) or (2) if each of the financial years included in the refund period were itself a refund period.
Where a refund period consists of 2 or more financial years and the percentage specified in the rate of tax imposed by a Wool Tax Act that was applicable to particular participating wool was altered during that refund period, the amount of the refund payable in respect of that wool for that period is the aggregate of the amounts that would be payable under subregulation (1) or (2) if each of the financial years included in the refund period were itself a refund period.”.
(a) by inserting in subregulation (4) “reasonable” after “within such”;
(b) by omitting subregulation (6).
(a) by omitting from subregulation (1) “4 months” and substituting “3 months”;
(b) by omitting paragraph (2) (b) and substituting the following paragraph:
the claim is delivered to the Corporation after the expiration of that period of 6 months and the Corporation is satisfied that there is a sufficient reason why the claim was not delivered to the Corporation within that period.”.
(a) by omitting from subregulation (1) “principles” and substituting “such formula as is”;
(b) by omitting from subregulation (2) “principles” and substituting “formula”;
(c) by omitting from subregulation (3) “principles” and substituting “formula”;
(d) by omitting from subregulation (4) “principles” and substituting “formula”;
(e) by omitting from subregulation (5) “principles” and substituting “a formula”;
(f) by omitting subregulation (6) and substituting the following subregulation:
Where there has been an arbitration in relation to a formula to be approved for the purposes of this regulation:
(a) the Corporation shall pay the arbitrator’s fees;
(b) the Wool Council of Australia shall reimburse the Corporation to the extent of an amount equal to one half of the amount of those fees; and
(c) in the formula that the Minister so approves, the Minister shall make provision for the amounts paid to registered persons under subregulation (1) to be reduced in such a manner that the sum of the amounts that, but for this paragraph, would have been payable to those persons under subregulation (1) in accordance with the formula so approved is reduced by an amount equal to one half of the amount of those fees.”;
(g) by omitting from subregulation (7) “section” and substituting “regulation”.
(1) The Minister may, by instrument, appoint an employee of the Australian Wool Corporation to be an authorised person for the purposes of these Regulations.
The Minister shall issue to an authorised person a certificate bearing a recent photograph of that person, stating that the holder is an authorised person under these Regulations.
(1) An authorised person may at any reasonable hour of the day or night enter upon or into any premises for the purpose of ensuring that the provisions of the Act and these Regulations relating to refunds have been and are being complied with.
Where an authorised person enters upon or into premises under subregulation (1), that person is not authorised to remain on the premises if, on request by or on behalf of the occupier or person apparently in charge of the premises, the person does not produce a certificate issued to the person under subregulation 23 (2).
Where an authorised persons enters upon or into premises under subregulation (1), the authorised person may:
(a) inspect any examinable document found on the premises;
(b) take copies of, and make extracts from, any such document; and
(c) require any person on the premises to make available any examinable document kept on the premises.
An authorised person may enter upon or into any premises and may search for, and exercise all or any of the powers under subregulation 23A (3) in relation to examinable documents if, and only if, the search is made and those powers are exercised:
(a) pursuant to a warrant issued under regulation 23C; or
(b) after obtaining the consent of the occupier or other person apparently in charge of the premises.
(1) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that examinable documents may be upon or in any premises and the information sets out those grounds, the Magistrate may issue a search warrant authorising an authorised person, with such assistance as is necessary and reasonable and by such force as is necessary and reasonable, to enter upon or into those premises, to search those premises and to exercise all or any of the powers referred to in subregulation 23A (3) in regard to those documents.
A Magistrate shall not issue a warrant under subregulation (1) unless:
(a) the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.
There shall be stated in a warrant issued under this regulation:
(a) the purpose for which the warrant is issued;
(b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and
(c) a day, not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.
(1) Before obtaining the consent of a person for the purposes of regulation 23B, an authorised person shall inform the person that he or she may refuse to give consent.
Where an authorised person obtains the consent of a person for the purposes of regulation 23B, he or she shall ask the person to sign a written acknowledgment:
(a) of the fact that he or she has been informed that he or she may refuse to consent;
(b) of the fact that he or she has voluntarily given consent; and
(c) of the day on which, and the time at which, he or she gave consent.
Where it is material, in any proceedings, for a court to be satisfied of the consent of a person for the purposes of regulation 23B and an acknowledgment, in accordance with subregulation (2), signed by the person is not produced in evidence, the court shall assume, unless the contrary is proved, that the person did not give such a consent.”.
(a) by omitting subregulation (1);
(b) by omitting from subregulation (3) “subregulation (1) or”.
1. Notified in the
Commonwealth of Australia Gazette on 10 June 1988.2. Statutory Rules 1987 No. 132 as amended by 1987 No. 308.
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