Wool Marketing Regulations (Amendment) (Cth)

Statutory Rules 1987 No. 3081

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Wool Marketing Regulations2 (Amendment)

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 Wool Marketing Act 1987.

Dated 21 December 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

JOHN KERIN

Minister of State for Primary Industries and Energy

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Principal Regulations

1. In these Regulations, “Principal Regulations” means the Wool Marketing Regulations.

Interpretation

2. Regulation 2 of the Principal Regulations is amended by adding at the end the following definition:

“‘wool-broker’ means a person who carries on business as a wool-selling broker.”.

Interpretation

3. Regulation 3 of the Principal Regulations is amended by omitting the definition of “wool-broker”.

4. The Principal Regulations are amended by inserting after Part II the following Part:

“PART IIa—QUALITY ASSURANCE

Pesticide residue—sale of wool

“25a. Where the Corporation has, under subsection 74 (1) of the Act, prohibited the offering for sale at an export auction of wool that does not meet industry standards or industry terms in relation to the level of pesticide residue, a person shall not sell or offer for sale at an export auction wool that, to the knowledge of that person, is wool to which the prohibition relates.

Penalty: $5,000.

Pesticide residue—withdrawal of wool

“25b. Where the Corporation has, under subsection 74 (1) of the Act, ordered a person to withdraw from any export auction wool that it considers does not meet industry standards or industry terms in relation to pesticide residue, the person shall not sell that wool at such an auction and shall withdraw that wool from sale by such an auction.

Penalty: $5,000.

Pesticide residue—export of wool

“25c. A person shall not knowingly export wool that has been sold in contravention of regulation 25a or 25b unless the wool has subsequently been prepared in accordance with industry standards or industry terms in relation to pesticide residue.

Penalty: $5,000.

Ownership of wool

“25d. (1) For the purpose of ascertaining the ownership of wool that has been found at wool testing facilities to have an excessive level of pesticide residue, the Corporation may, by notice in writing, request:

(a) an operator of a wool testing facility;

(b) a wool-broker; or

(c) a purchaser of wool by private treaty;

to give to the Corporation the name and address of the owner of such wool of that kind as is specified in the request.

“(2) Within the period of 2 days, or such longer period as is specified in the request, after the date of receipt of a request made under subregulation (1), the person to whom the request was made shall:

(a) if the name and address of the owner of the specified wool is known to the person—give that information, in writing, to the Corporation;

(b) if the name but not the address of the owner of the specified wool is known to the person—give to the Corporation a statement, in writing, setting out the name of the owner of the specified wool and stating that he or she is unable to give the address;

(c) if the address but not the name of the owner of the specified wool is known to the person—give to the Corporation a statement, in writing, setting out the address of the owner of the specified wool and stating that he or she is unable to give the name; and

(d) in any other case—give to the Corporation a statement, in writing, that he or she is unable to give the name and address of the owner of the specified wool.

Penalty: $1,000.

Relevant woolgrowers

“25e. (1) For the purpose of informing relevant woolgrowers of instances of excessive levels of pesticide residue in wool or wool products, the Corporation may, by notice in writing, request:

(a) an operator of a wool testing facility;

(b) a wool-broker; or

(c) a purchaser of wool by private treaty;

to give to the Corporation the name and address of the grower of such wool as is specified in the request, being wool that has been found to contain excessive levels of pesticide residues.

“(2) Within the period of 2 days, or such longer period as is specified in the request, after receipt of a request made pursuant to subregulation (1) a person shall:

(a) if the name and address of the grower of the specified wool is known to the person—give that information, in writing, to the Corporation;

(b) if the name but not the address of the grower of the specified wool is known to the person—give to the Corporation a statement, in writing, setting out the name of the grower of the specified wool and stating that he or she is unable to give the address;

(c) if the address but not the name of the grower of the specified wool is known to the person—give to the Corporation a statement, in writing, setting out the address of the grower of the specified wool and stating that he or she is unable to give the name; and

(d) in any other case—give to the Corporation a statement, in writing, that he or she is unable to give the name and address of the grower of the specified wool.

Penalty: $1,000.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 December 1987.

2. Statutory Rules 1987 No. 132.