Wool Marketing Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 2121

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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 31 July 1989.

BILL HAYDEN

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.

Sampling, testing and display—sale of greasy wool for export

2. Regulation 25f of the Principal Regulations is amended by inserting after paragraph (b) the following word and paragraph:

“or (c) the showfloors at which samples or bales of greasy wool are to be displayed and the operation of such showfloors;”.

Sampling, testing and display—withdrawal of greasy wool from sale for export

3. Regulation 25g of the Principal Regulations is amended by inserting after paragraph (b) the following word and paragraph:

“or (c) the showfloors at which samples or bales of greasy wool are to be displayed and the operation of such showfloors;”.

Sampling, testing and display—export of greasy wool

4. Regulation 25h is amended by omitting from subregulation (2) “the sale,” and substituting “its sale,”.

5. After regulation 25h of the Principal Regulations, the following regulations are inserted in Part IIA:

Sale of wool for export—wool not classed by registered woolclasser

“25i.Where the Corporation has, under subsection 74 (1) of the Act, prohibited the offering for sale for export of wool that has not been classed by a registered woolclasser, a person must not sell, or offer for sale, for export wool that, to the knowledge of the person, is wool to which the prohibition relates.

Penalty: $2,000.

Withdrawal of wool from sale for export—wool not classed by registered woolclasser

“25j.Where the Corporation has, under subsection 74 (1) of the Act, ordered a person to withdraw from sale for export wool that it considers does not meet industry standards or industry terms in that the wool has not been classed by a registered woolclasser, the person must not sell that wool for export.

Penalty: $2,000.

Export of wool not classed by registered woolclasser

“25k. (1) A person shall not knowingly export wool that has been sold in contravention of regulation 25i or 25j.

Penalty: $2,000.

“(2)Subregulation (1) does not apply where the wool has, since its sale, been classed by a registered woolclasser.”.

Interpretation

6. Regulation 26 of the Principal Regulations is amended:

(a) by omitting “or” (last occurring) from subparagraph (b) (ii) of the definition of “examinable document”;

(b) by inserting after subparagraph (b) (iii) of that definition the following word and subparagraph:

“or (iv) a sample or bale of greasy wool displayed at a registered showfloor was not displayed in accordance with the

terms on which the showfloor was registered by the Association”;

(c) by omitting “or” from paragraph (c) of that definition;

(d) by adding at the end of that definition the following word and paragraph:

“or (e) relevant to the display of samples or bales of greasy wool at a registered showfloor;”;

(e) by inserting after the definition of “register” in subregulation (1) the following definition:

“‘showfloor’ means a wool display area together with any associated sample security area;”.

Registration by the Secretary

7. Regulation 28 of the Principal Regulations is amended by inserting after subregulation (2) the following subregulation:

“(2a) Subject to regulations 29 and 31, where application for registration of a showfloor has been duly made, the Secretary shall register the showfloor for the purpose of displaying at the showfloor, in accordance with the terms on which the showfloor is registered by the Association, samples or bales of greasy wool.”.

Criteria for registration by the Secretary of sampling site, showfloor or laboratory

8. Regulation 29 of the Principal Regulations is amended by inserting in subregulations (1), (2) and (3) “, showfloor” after “site” (wherever occurring).

Proposed sampling site, showfloor or laboratory—inspection on behalf of the Secretary

9. Regulation 31 of the Principal Regulations is amended by inserting “, showfloor” after “site” (wherever occurring).

Powers of entry of inspectors appointed by the Secretary

10. Regulation 33 of the Principal Regulations is amended:

(a) by omitting from paragraph (1) (b) “and”;

(b) by adding at the end of subregulation (1) the following word and paragraph:

“; and (d) in the case of a registered showfloor—whether samples or bales of greasy wool have been or are displayed at the showfloor in accordance with the terms on which the showfloor is registered by the Association.”;

(c) by omitting from paragraph (4) (b) “and”;

(d) by adding at the end of subregulation (4) the following word and paragraph:

“; or (d) whether a registered showfloor satisfies the terms on which the showfloor is registered by the Association.”.

Repeal

11. Regulations 34, 35 and 36 of the Principal Regulations are repealed.

Secretary to be informed of operations at sampling site or showfloor

12. Regulation 37 of the Principal Regulations is amended:

(a) by inserting after subregulation (1) the following subregulation:

“(1a)The Secretary may, by notice in writing given to the authorised representative of a registered showfloor, require the representative to inform the Secretary in writing of the days, within a period specified in the notice, on which the operator of the showfloor intends to display samples or bales of greasy wool at the showfloor.”;

(b) by inserting in subregulations (2) and (3) “or (lA)” after “subregulation (1)”.

Suspension or cancellation of registration by the secretary

13. Regulation 39 of the Principal Regulations is amended:

(a) by omitting from paragraph (4) (b) “or”;

(b) by inserting after paragraph (4) (c) the following word and paragraph:

“or (d) samples or bales of greasy wool are displayed at a registered showfloor otherwise than in accordance with the terms on which the showfloor is registered by the Association;”.

Amendments of certain provisions of the Principal Regulations

14. (1) The Principal Regulations are amended as set out in Schedule 1.

(2) The Principal Regulations are amended as set out in Schedule 2.

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SCHEDULE 1Subregulation 14 (1)

AMENDMENTS OF CERTAIN PROVISIONS OF THE PRINCIPAL REGULATIONS

Regulation 25a

Omit “Penalty: $5,000.”, substitute “Penalty: $2,000.”.

Regulation 25b

Omit “Penalty: $5,000.”, substitute “Penalty: $2,000.”.

Regulation 25c

Omit “Penalty: $5,000.”, substitute “Penalty: $2,000.”.

Regulation 25f

Omit “Penalty: $5,000.”, substitute “Penalty: $2,000.”.

SCHEDULE 1—continued

Regulation 25g

Omit “Penalty: $5,000.”, substitute “Penalty: $2,000.”.

Subregulation 25h (1)

Omit “Penalty: $5,000.”, substitute “Penalty: $2,000.”.

Heading to Part III

Insert “, SHOWFLOORS” after “SITES”.

Subregulation 26 (2)

Omit “and laboratories” (first occurring), substitute “, showfloors or laboratories”.

Paragraph 26 (2) (a)

Insert “, of showfloors” after “sites”.

Subregulation 33 (1)

Insert “, showfloor” after “site” (first occurring).

Paragraph 38 (a)

Insert “, registered showfloor” after “site”.

Paragraph 38 (b)

Insert “, registered showfloor” after “site”.

Paragraph 38 (c)

Insert “, registered showfloor” and “, showfloor” after “registered sampling site” and “the site” respectively.

Paragraph 38 (d)

Insert “, registered showfloor” after “site”.

Subregulation 39 (1)

Insert “, registered showfloor” after “registered sampling site”.

Insert “, showfloor” after “the site” (wherever occurring).

Subregulation 39 (2)

Insert “, registered showfloor” and “, showfloor” after “registered sampling site” and “the site” respectively.

Subregulation 39 (3)

Insert “, registered showfloor” and “, showfloor” after “registered sampling site” and “the site” respectively.

Paragraph 39 (4) (c)

Insert “or registered showfloor” after “site”.

Paragraph 39 (4)

Insert “, showfloor” after “site” (last occurring).

Insert “or (1a)” after “37 (1)”.

Paragraph 44 (1) (b)

Insert “, registered showfloor” after “site”.

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 SCHEDULE 2Subregulation 14 (2)

AMENDMENTS OF CERTAIN PROVISIONS OF THE PRINCIPAL REGULATIONS

1. The following provisions of the Principal Regulations are amended by inserting “, showfloor” after “site” (wherever occurring):

Subregulation 26 (1) (definition of “authorised representative”), subregulations 27 (1) and (2) and 28 (3), paragraph 33 (1) (a), subregulation 33 (2), paragraph 33 (3) (g) and subregulations 39 (5) and (7).

2. The following provisions of the Principal Regulations are amended by inserting “, showfloor” after “site”:

Subregulation 26 (1) (subparagraphs (a) (i), (ii) and (iii) and (b) (i) of the definition of “examinable document”), paragraphs 33 (4) (a) and 38 (e), (f) and (h), subregulation 39 (6) and paragraph 44 (1) (a).

NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 August 1989.

2. Statutory Rules 1987 No. 132 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 14 and see also