Wool Realization Act 1945 (Cth)
WOOL REALIZATION.
An Act to approve an Agreement between the United Kingdom, the Commonwealth of Australia, the Dominion of New Zealand and the Union of South Africa in relation to the disposal of wool and to provide for the carrying out of the Agreement on the part of the Commonwealth of Australia, and for other purposes.
[Assented to 11th October, 1945.]
WHEREAS, during the war which commenced on the third day of September, One thousand nine hundred and thirty-nine, and in which the United Kingdom, the Commonwealth of Australia, the Dominion of New Zealand and the Union of South Africa have been jointly engaged, it became necessary and expedient, for the
more effectual prosecution of that war, for the Governments of those parts of the British dominions to enter into certain arrangements for the purchase of wool and sheepskins produced in Australia and elsewhere during that war and for a period thereafter:
And whereas, as a result of those arrangements and of the course which that war has followed, substantial stocks of wool grown in Australia, New Zealand and South Africa and purchased by His Majesty’s Government in the United Kingdom are now in existence:
And whereas those arrangements have terminated, and it is necessary to provide for the completion of transactions, matters and things which have been entered into or have arisen in the course of carrying out those arrangements and to ensure that those stocks of wool are disposed of in an orderly fashion and in such a way as not only to ensure the best possible realization of those stocks but also to prevent the sale of future clips of wool produced in Australia, New Zealand or South Africa from being prejudicially affected by the realization of those stocks in competition with those future clips:
And whereas the Governments of the United Kingdom, the Commonwealth of Australia, the Dominion of New Zealand and the Union of South Africa have by the exchange of communications entered into an Agreement for the adoption of a plan for and in relation to the disposal of those stocks of wool:
And whereas it is desirable that the Agreement should be approved and carried into effect:
And whereas it is necessary, for the purposes hereinbefore referred to, that the National Security (Wool) Regulations, the National Security (Wool Tops) Regulations, the National Security (Price of Wool for Manufacture for Export) Regulations, and the National Security (Sheepskins) Regulations should be continued in force for a limited period:
Be it, therefore, enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
“the Central Wool Committee” means the Central Wool Committee constituted under the National Security (Wool) Regulations;
“the Chairman” means the Chairman of the Commission, and includes the Executive Member of the Commission when acting as Chairman;
“the Commission” means the Australian Wool Realization Commission established by this Act;
“the Disposals Plan” means the Plan which is set forth in Appendix C to the Report of the Wool Conference held in London between the sixteenth day of April and the twenty-eighth day of May, One thousand nine hundred and forty-five, and the adoption of which has been agreed to by the Governments of the United Kingdom, Australia, New Zealand and South Africa, a copy of which Plan is set forth in the Schedule to this Act;
“the Joint Organization” means the Joint Disposals Organization constituted in accordance with the Disposals Plan;
“the National Security (Price of Wool for Manufacture for Export) Regulations” means the Regulations so entitled, being Statutory Rules 1941, No. 34, as amended by Statutory Rules 1941, No. 229 and by Statutory Rules 1942, No. 321;
“the National Security (Sheepskins) Regulations means the Regulations so entitled, being Statutory Rules 1940, No. 78;
“the National Security (Wool) Regulations means the Regulations so entitled, being Statutory Rules 1939, No. 108, as amended by Statutory Rules 1940, Nos. 77 and 227, by Statutory Rules 1942, Nos. 244, 496 and 514, and by Statutory Rules 1943, No. 88;
“the National Security (Wool Tops) Regulations means the Regulations so entitled, being Statutory Rules 1940, No. 80, as amended by Statutory Rules 1943, No. 148.
(
a ) two shall be representative of, and shall be appointed from a panel of four persons selected by, the organization known as the Australian Wool Growers’ Council;(
b ) two shall be representative of, and shall be appointed from a panel of four persons selected by, the organization known as the Australian Wool Producers’ Federation;(
c ) one shall be representative of, and shall be appointed from a panel of two persons selected by, the Federated Storemen and Packers’ Union of Australia; and(
d )two shall be persons with experience in the valuation or marketing of wool.
(2.) The members of the Commission shall be appointed by, and shall hold office during the pleasure of, the Governor-General.
(3.) The Governor-General mayappoint any person to be the deputy of any member of the Commission and, subject to sub-section (1.) of this section, any such deputy shall in the event of the absence (through illness or otherwise) of the member of whom he is the deputy have all the powers and functions of that member under this Act.
(4.) The performance of the duties, or the exercise of the powers and functions, of the Commission shall not be affected by reason only of there being a vacancy in the office of a member of the Commission.
(2.) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Commission affixed to any document or notice and shall presume that it was duly affixed.
(2.) At any meeting of the Commission—
(
a ) five members shall form a quorum;(
b ) the Chairman or, in his absence, the Executive Member or, in the absence of both the Chairman and the Executive Member, a member appointed by the members present, shall preside;(
c ) all questions shall be decided by a majority of the votes of the members present; and(
d )the Chairman shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.
(3.) If the Chairman dissents from any decision of the Commission, signifies at the meeting to the other members present in person his intention to bring his dissent to the notice of the Minister and, within twenty-four hours after the close of the meeting, transmits to the Minister notice of his dissent together with full particulars of the decision, effect shall not be given to the decision unless the Minister approves of the decision (whether with or without variation) and, if the Minister approves of the decision subject to a variation, the decision so approved shall be deemed to be the decision of the Commission.
(4.) Subject to this Act, the Commission may make rules with respect to the order and conduct of the business of the Commission.
(2.) The Commission shall have all powers and authorities necessary, conducive or incidental to the carrying out of its duties and functions under the Disposals Plan.
(3.) The Commission shall have and perform all the duties, and shall have and may exercise all the powers, authorities and functions, of the Central Wool Committee under—
(
a )the National Security (Wool) Regulations;(
b ) the National Security (Wool Tops) Regulations;(
c ) the National Security (Price of Wool for Manufacture for Export) Regulations; and(
d )the National Security (Sheepskins) Regulations,
and for that purpose—
(i) the Commission shall, by force of this Act, be substituted for, and be deemed to be, the Central Wool Committee;
(ii) the assets of the Central Wool Committee shall, by force of this Act, be vested in the Commission;
(iii) all rights, obligations and liabilities which, immediately prior to the commencement of this Act, were vested in or imposed on the Central Wool Committee shall, by force of this Act, be vested in or imposed on the Commission; and
(iv) in any contract, agreement or other instrument to which the Central Wool Committee was a party, any reference to that Committee shall be read as a reference to the Commission.
(2.) Each Advisory or Technical Committee may, in addition, furnish to the Commission reports on any matter relating to the wool industry with respect to which the members of the Committee have special knowledge or experience.
(2.) Such amounts as are equivalent to the
amounts raised under the
(
a )in meeting the share of the industry in the operating expenses of the Joint Organization as provided in paragraph three of Part III. of the Disposals Plan;(
b ) in payment of interest, at such rate as the Treasurer determines, upon the amount from time to time expended by the Commonwealth in purchases of wool in pursuance of the Disposals Plan and unrecouped;(
c ) in payment in each financial year into the Wool Use Promotion Fund established by theWool Use Promotion Act 1945, of such amounts as in the opinion of the Treasurer would, but for the operation of theWool (Contributory Charge )Assessment Act 1945, have become payable in that financial year under theWool Tax Act 1936–1945: and(
d )in respect of the balance, if any, for the benefit of the wool-growing industry.
(
a ) all moneys received by the Commission in respect of sales of wool or otherwise; and(
b ) all moneys appropriated by the Parliament for the purposes of the Commission.
(2.) The Commission shall, out of the moneys standing to the credit of the account—
(
a )defray all costs, charges and expenses incurred by the Commission in the performance of its duties and the exercise of its powers, authorities and functions under this Act; and(
b )pay the remuneration and allowances of the members of the Commission and the salaries, wages and allowances of persons appointed or employed by the Commission.
Penalty: One hundred pounds, or imprisonment for six months, or both.
(2.) An offence against this Act shall not be prosecuted without the written consent of the Attorney-General or a person thereto authorized in writing by the Attorney-General.
(3.) For the purpose of the trial of a person for an offence against this Act, the offence shall be deemed to have been committed either at the place in which it actually was committed or at any place in which the person is.
THE SCHEDULE.
I.
Disposals Plan.
(
a ) to determine total quantities of wool to be offered from time to time concurrently in the Dominions and elsewhere, to be made up of all new clip wool and an appropriate proportion of wool from the Organization’s stock.(
b )to prepare schedules of reserve prices at which the Organization will itself be willing to acquire wool.(
c ) to lift from the market such quantities of new wool as cannot be sold at these reserve prices.(
d )to hold and dispose of stocks as the agent of the Governments concerned and where necessary to acquire and own stores, plant and equipment for this purpose.(
e ) to facilitate the sale of wool in every way possible, with a view to stimulating demand.
The Schedule—
II.
Constitution and Functions of Joint Organization.
The Directors of the principal company will consist of an independent Chairman, appointed by the four Governments in agreement, four directors appointed by the United Kingdom Government, two by the Government of Australia, and one each by the Governments of New Zealand and South Africa. In addition, the Chairman of the three Dominion subsidiaries will be ex officio Directors of the principal Company without additional voting power.
The functions of the principal Company will be primarily to buy, hold and sel wool as agent for the four Governments and generally to administer the scheme agreed upon between them.
The Schedule
The functions of each subsidiary will include the following:—
(
a )to hold wool in the Dominion as the agent of the principal Company.(
b ) to sell wool from stocks in the Dominions, and to arrange for the regulation of sales of current clips by auction.(
c ) to assess on the basis laid down by the principal Company the appropriate reserve prices for the individual lots of wool (from stocks or current clips), being offered for sale.(
d ) to take up wool offered at auction for which the reserve price or better is not offered by a commercial buyer.(
e ) to conduct the financial operations of the principal Company in the Dominion.(
f ) to furnish to the principal Company annual reports on its activities, including statements of its accounts and information regarding its purchases, sales and stocks.
III.
Financial Plan.
(
a )The United Kingdom and the Dominion concerned will each take up 50 per cent. of the original capital represented by the opening stock of wool grown in that Dominion to be handed over to the Joint Organization.(
b ) The opening stock will be taken in by the Joint Organization at its original cost (including f.o.b. payments)less the amounts accumulated in the divisible profits accounts. Except in the case of South Africa, these amounts are estimated fully to cover depreciation of that stock. (In the case of South Africa, where the estimated depreciation exceeds the accumulated balance, the stock will be taken in at the original cost loss an agreed figure representing the full amount of the estimated depreciation). The balances in the divisible profits accounts will be retained by the United Kingdom Government.(
c ) Payment of the Dominions’ shares of the original capital will be made in four annual instalments, to which will be applied the Dominions’ shares of the proceeds of sales by the Joint Organization, and of the net profit during the interim period referred to in paragraph 6; but subject to a minimum payment in each year of one quarter of the total.(If a Dominion’s share of the proceeds and net profit in any of the first three years exceeds one quarter of its initial capital share plus that Dominion’s share of any new capital to be provided in any one year, the excess of proceeds and net profit will be paid to the United Kingdom, and the payment necessary in the fourth year will be correspondingly reduced.)
The payment necessary to reach the minimum in any year will be made at the end of that wool year.
No interest will be charged by the United Kingdom Government on outstanding instalments.
The Schedule—
(
d )Each Dominion and the United Kingdom share equally in the provision of any further capital required by the Joint Organization during the operation of the scheme for payment for bought-in new wool of that Dominion.
(
a ) The operating expenses of the Joint Organization will be borne equally between the industry and the Joint Organization itself. The share of the industry will be paid by the Dominion Governments primarily from the proceeds of a contributory charge on all sales of new clip wool; the share of the Joint Organization will be met by deduction from the proceeds of sales by the Joint Organization before application to capital repayment.(
b ) No charge will be made for interest in the operating expenses of the Joint Organization.(
c ) Operating expenses in any year will include all current expenses, such as costs of administration, storage, reconditioning, insurance and selling expenses. The storage expenses will include an annual sum sufficient to cover over ten years the cost of stores and other capital plant and equipment transferred to the Joint Organization.(
d )Operating expenses will also include provision to cover depreciation of wool bought-in by the Joint Organization as indicated in this paragraph. This provision will be calculated at a rate to be determined by the Joint Organization on bought-in wool taken into stock each year and will be credited to a Suspense Account. As bought-in wool is sold the Joint Organization will assess the amount of difference between the price realized for it and for new wool of similar type and yield—both to be calculated at time of resale. The amount so assessed will be withdrawn from the Suspense Account and added to the actual proceeds of sale for the purpose of capital repayment.
(
a )The United Kingdom will be responsible for the purchase of the whole clip, the management and sale of which will be entrusted to the Joint Organization as soon as constituted. The United Kingdom will be reimbursed by each Dominion for one half of the cost of that part of the new clip of that Dominion unsold at the end of the wool year.(
b ) The net proceeds of the sales of old wool during the interim year, plus (or minus) the net profit (or loss) on sales of new clip wool after meeting the whole operating costs of the Joint Organization and such incidental costs (including interest at 1¼ per cent. per annum. on the monthly balance of the working capital provided by United Kingdom) as the United Kingdom may incur in connexion with the purchase of the new clip, will be allocated to capital repayment.(
c ) All sales whether to consumers in the partner countries or elsewhere will be on the basis of the selling prices determined by the Joint Organization.
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