Wool Publicity and Research Act 1936 (Cth)

 

WOOL PUBLICITY AND RESEARCH.

 

No. 24 of 1938.

An Act to make provision for Improving and Increasing the Production and Use of Wool.

[Assented to 28th May, 1936.]

Preamble.

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of. appropriating the grant originated in the House of Representatives, as follows :—

Short title.

1. This Act may be cited as the Wool Publicity and Research Act 1936.

Operation of Act.

2.—(1.) An application in writing may be made to the Minister between the first day of January, One thousand nine hundred and forty, and the thirtieth day of June, One thousand nine hundred and forty, for the taking of a poll to determine whether this Act shall or shall not continue in operation, and, if the Minister is satisfied that the application is signed by producers who constitute at least ten per centum of all the producers, and who own in the aggregate, at least fifteen per centum of all the sheep in Australia, a poll of producers shall be taken accordingly, in the prescribed manner, throughout the Commonwealth.

 

(2.) If, at a poll taken, in pursuance of this section, not later than the thirty-first day of December, One thousand nine hundred and forty, votes in favour of the discontinuance of this Act are given by a majority of the producers voting at the poll and by producers owning in the aggregate more than one-half of all the sheep owned by the producers so voting, this Act shall cease to have effect upon the thirty-first day of May, One thousand nine hundred and forty-one.

(3.) For the purposes of this section “producer” means a person carrying on the business of wool-growing exclusively or as part of his business, and owning not less than one hundred sheep.

Definitions.

3. In this Act, unless the contrary intention appears—

“the Board” means the Board constituted under this Act;

“the Council” means the body known as the Australian Wool-growers’ Council;

“the Fund” means the Wool Publicity and Research Fund established under this Act.

Australian Wool Board.

4.—(1.) There shall be an Australian Wool Board.

(2.) The Board shall consist of one member (in this Act referred to as “the Government representative”) to be appointed by the Governor-General and to hold office during the pleasure of the Governor-General, and six members to be appointed by the Governor-General upon the nomination of the Council.

(3.) Any nomination made by the Council shall be in writing and shall be forwarded to the Minister so as to be received by him on or before a date to be fixed by the Minister by notice in the Gazette.

(4.) Each of the members of the Board first appointed, other than the Government representative, shall, subject to this Act, hold office for a period of three years and for such period (if any) thereafter as is prescribed, and shall be eligible for reappointment.

(5.) Subject to this Act, the members of the Board, other than the Government representative and the first members of the Board, shall hold office for three years.

(6.) Members of the Board, other than the Government representative, may be removed from office by the Governor-General on the recommendation of the Board.

(7.) On the occurrence of any casual vacancy in the office of any member of the Board, other than the Government representative, the Governor-General may, on the nomination of the Board, appoint a person to fill the vacancy, and any person so appointed shall, subject to this Act, hold office for the residue of the term of the member whose place became vacant.

(8.) The powers and functions conferred on the Board by this Act shall not be affected by reason only of there being a vacancy in the membership of the Board.

Incorporation of Board.

5. The Board shall be a body corporate with perpetual succession and a common seal and shall be capable of suing and being sued and of holding real and personal property.

 

Deputies of members.

6. A member of the Board, other than the Government representative, may, with the approval of the Board, appoint any person to be his deputy during his inability, through illness, absence or any other cause, to attend a meeting or other business of the Board, and the person so appointed shall, during such inability, exercise and perform all the powers and functions of a member of the Board.

Validity of appointments.

7. The appointment of any person as a member on the nomination of the Council, shall not be questioned on the ground that there was any defect in the nomination of that person.

Delegation by Board.

8.—(1.) The Board may, by writing under its seal, delegate, to any committee, consisting of such one or more of its members as it thinks fit, any of its powers and functions under this Act (except this power of delegation) in relation to any matters or class of matters, or to any particular State or Territory, so that the delegated powers and functions may be exercised by the delegate with respect to the matters or class of matters specified, or the State or Territory specified, in the instrument of delegation.

(2.) Every delegation by the Board shall be revocable in writing at will, and no delegation shall prevent the exercise of any power by the Board.

Fees and expenses.

9.—(1.) Members of the Board and the deputies of members of the Board while acting as such shall be entitled to receive fees and expenses as provided in this section in respect of attendance at meetings or while engaged (whether in Australia or overseas) on such business of the Board as the Board determines.

(2.) If a member or his deputy is also a member of the Parliament of the Commonwealth or of any State, he shall not be entitled to receive any fees, but shall be entitled to be reimbursed such expenses as he actually incurs by reason of such attendance or while engaged on such business.

(3.) If a member or his deputy is not a member of the Parliament of the Commonwealth or of any State, he shall be entitled to receive such fees and allowances as are prescribed.

Appointment of officers.

10.—(1.) The Board may appoint such officers as it thinks necessary to assist the Board in carrying out its functions under this Act.

(2.) Officers appointed in pursuance of this section shall not be subject to the Commonwealth Public Service Act 1922–1934 and shall hold office during the pleasure of the Board.

(3.) The salaries and conditions of employment of officers appointed in pursuance of this section shall be as determined by the Board.

Powers of Board.

11. The Board shall have power to make, with any authority, association or person, any arrangement which, in the opinion of the Board, is likely to be conducive to—

(a) the improvement of the production of wool in Australia ; or

(b) the increase and extension, by publicity and research or any other means, of the use of wool throughout the world.

 

Wool Publicity and Research Fund.

12.—(1.) There shall be a Wool Publicity and Research Fund into which shall be paid, out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, all moneys received by the Commissioner of Taxation under the Wool Tax Act 1936.

(2.) Where any account referred to in section fourteen of this Act is opened, payment into that account of the moneys mentioned in the last preceding sub-section shall be deemed to be payment into the Fund.

(3.) Income derived from the investment of the Fund shall form part thereof.

(4.) The income of the Fund shall not be subject to taxation by the Commonwealth or a State.

Application of moneys paid into Fund.

13. The Fund shall be administered by the Board and the moneys in the Fund shall be applied by the Board—

(a) for any purpose which the Board deems to be necessary or desirable for the improvement of the production of wool in Australia;

(b) for the purpose of increasing and extending, by publicity or research or any other means, the use of wool throughout the world;

(c) in payment of expenses and other charges incurred by the Board or for which the Board may become liable;

(d) in payment of salaries and allowances of officers of the Board;

(e) in payment of fees and allowances or other remuneration to members of the Board ; and

(f) in investment in any securities of or guaranteed by the Government of the Commonwealth or of a State.

Moneys in Fund uninvested may be lodged in bank.

14. Moneys held in the Fund uninvested may be lodged in an account at call or on fixed deposit or partly in an account at call and partly on fixed deposit with a bank.

Audit.

15. The accounts of the Board shall be subject to inspection and audit by the Auditor-General for the Commonwealth.

Liability of Board for its acts.

16. The members of the Board shall not be personally liable for any act or default of the Board done or omitted to be done in good faith in the course of the operations of the Board.

Annual Report.

17. The Board shall in the month of July in each year report to the Minister as to the operation of the Act during the last preceding financial year.

Conduct of business and proceedings.

18. The Board may make rules with respect to the order and conduct of the business of the Board and its committees.

Regulations.

19.