Wool (Reserve Prices) Fund Distribution Regulations (Cth)

STATUTORY RULES.

1951. No. 153.

 

REGULATIONS UNDER THE WOOL (RESERVE PRICES) FUND ACT 1950.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wool (Reserve Prices) Fund Act 1950.

Dated this twenty-second day of November, 1951.

Administrator.

By His Excellency’s Command,

Minister of State for Commerce and Agriculture.

—————

WOOL (RESERVE PRICES) FUND DISTRIBUTION REGULATIONS.

PART I.—PRELIMINARY.

Citation.

1. These Regulations may be cited as the Wool (Reserve Prices) Fund Distribution Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Payment of Refunds in Special Circumstances.

Part III.—Method of Distribution.

Part IV.—Miscellaneous.

Definitions and interpretation.

3.—(1.) In these Regulations, unless the contrary intention appears—

“amount of charge” means an amount collected as charge imposed by the Wool (Contributory Charge) Acts (No. 1) 1950 or the Wool (Contributory Charge) Acts (No. 2) 1950;

“refund” means the amount of refund to which a person is entitled under sub-section (2.) of section 5 of the Act;

“the Commission” means the Australian Wool Realization Commission established under the Wool Realization Act 1945-1950.

(2.) In these Regulations a reference to the payment of an amount of charge shall, in relation to a refund, be read as a reference to the payment of the amount of charge in respect of which the refund is payable.

 

* Notified in the Commonwealth Gazette on , 1951.

5876.—PRICE 5D.  9/21.11.1951.

(3.) For the purposes of these Regulations, where an amount of charge was paid by a person who was, under the provisions of the Wool (Contributory Charge) Assessment Act 1945-1950, entitled to recover from another person, or retain out of moneys payable to another person, that amount of charge, the amount of charge shall be deemed to have been paid by that other person.

PART II.—PAYMENT OF REFUNDS IN SPECIAL CIRCUMSTANCES.

Death of person entitled.

4. Subject to regulation 5 of these Regulations, where an amount of charge was paid by a person who has died—

(a) the refund which would otherwise be payable to that person may be paid to the personal representatives of that person; and

(b) the rights, duties and liabilities of the personal representatives in respect of the refund are the same as if it were part of the proceeds of a sale of the wool, in respect of which the amount of charge was paid, made at the time the amount of charge became payable.

Bankruptcy of person entitled.

5.—(1.) Where an amount of charge was paid by—

(a) a person whose affairs have at any subsequent time been administered, or are being administered, under any of the provisions of the Bankruptcy Act 1924-1950, by a trustee;

(b) a person who has died and whose estate has at any subsequent time been, or is being, so administered; or

(c) a personal representative in the administration of an estate which has at any subsequent time been, or is being, so administered,

the refund which would otherwise be payable to the person who paid the amount of charge or to his personal representative, as the case may be, may, subject to these Regulations, be paid to the trustee.

(2.) A refund received by a trustee by virtue of this regulation shall, for all purposes of the Bankruptcy Act 1924-1950 and of an instrument executed in pursuance of that Act, be deemed to be received by him in his capacity as trustee.

(3.) This regulation does not apply where—

(a) the creditors who were entitled to share in distributions by the trustee have been paid in full; or

(b) the trustee was acting under a sequestration order, and that order has been annulled.

Partnerships.

6.—(1.) Where an amount of charge was paid by a partnership which has been dissolved, the refund which would otherwise be payable to the partnership may be paid to a former partner or partners, or to the personal representatives of a deceased former partner.

(2.) Where, in respect of an amount of charge paid by a partnership, a refund has been paid, the rights, duties and liabilities of the person or persons to whom it is paid are, in respect of the refund, the same as if it were part of the proceeds of a sale by the partnership of the wool, in respect of which the amount of charge was paid, made at the time the amount of charge became payable.

Personal representatives and trustees.

7. Subject to regulation 5 of these Regulations, where an amount of charge was paid by a person acting in the capacity of trustee, or of personal representative of a deceased person, and there has been a change in the identity of the trustees of the trust or of the personal representatives of the deceased person, a refund otherwise payable under the Act to the person who paid the amount of charge may be paid to the trustee for the time being of the trust or the personal representatives for the time being of the deceased person.

Holder of security.

8. Where an amount of charge was paid by a person in respect of wool over which he had rights by way of security, he has and is subject to the same rights, duties and liabilities in respect of a refund payable to him in relation to that amount as if that refund were part of an amount which was received by him on a sale of the wool made at the time the amount of charge became payable.

Persons of unsound mind.

9.—(1.) Subject to regulation 5 of these Regulations, where an amount of charge was paid by a person who has since become, and is, a person of unsound mind, the refund which would otherwise be payable to that person may be paid to a person who, under the law of the State or Territory in which the person of unsound mind resides, is authorized to receive payments of money on behalf of the person of unsound mind.

(2.) The rights, duties and liabilities of a person who receives a refund under this regulation are, in respect of the refund, the same as if it were part of the proceeds of a sale of the wool, in respect of which the amount of charge was paid, made at the time the amount of charge became payable.

PART III.—METHOD OF DISTRIBUTION.

Distribution by Commission.

10. The Commission shall make the distribution directed by subsection (2.) of section 5 of the Act on behalf of the Commonwealth, and for that purpose shall be paid the amount standing to the credit of the Fund other than amounts to which that sub-section does not apply.

Persons may act as agents of Commission.

11.—(1.) The Commission may enter into an agreement with a person for the appointment of that person as agent of the Commission for the purpose of effecting refunds.

(2.) A person so appointed shall—

(a) comply with the directions of the Commission in relation to the performance of his functions under the agreement;

(b) account to the Commission, in the manner and at the times required by the Commission by notice in writing, in respect of moneys paid by the Commission to the agent for the purpose of enabling the agent to effect refunds, and, on demand by the Commission by notice in writing, repay to the Commission so much of those moneys as has not been used for the making of refunds; and

(c) if so required by the Commission by notice in writing, submit his books and accounts relevant to the performance of his functions as agent of the Commission to the Commission for audit by the Auditor-General.

Commission may require information.

12. The Commission may, by notice in writing, require a person to furnish in writing to the Commission within the time specified in the notice, such information as is specified in the notice, being information which the Commission requires for the purpose of enabling it to ascertain the persons entitled to refunds and the amount of those refunds.

Claims.

13. A person who claims to be entitled to a refund, and who is not satisfied that his claim will be otherwise considered, may apply to the Commission for recognition of his claim, and shall furnish such information and evidence, by statutory declaration or otherwise, in support of his claim as the Commission requires.

Payment into Court by Commission.

14.—(1.) “Where the Commission is in doubt as to the identity of a person to whom a refund is, or may be, payable, the Commission may pay the amount of the refund into a Court (including a Court of a State or Territory of the Commonwealth) having jurisdiction in actions for the recovery of debts equal to that amount.

(2.) A Court into which an amount is so paid—

(a) shall have jurisdiction—

 (i) to determine the person entitled to the amount;

 (ii) to order payment of the amount in accordance with its determination; and

(iii) to make such other order in relation to the amount as appears to it to be just; and

(b) subject to any rules of court which are applicable, may give such directions as it considers necessary in relation to proceedings in respect of that amount.

(3.) If the whole or any part of an amount paid into Court under this regulation has not been paid out at the expiration of three years after it was paid into Court, it shall be repaid to the Commission or, if the Commission is not then in existence, to the Treasurer, and shall be deemed to be unclaimed moneys to which regulation 19 of these Regulations applies.

PART IV.—MISCELLANEOUS.

Remuneration of agents.

15. The Commission shall pay to an agent of the Commission appointed under these Regulations remuneration, in respect of each refund made by that agent on behalf of the Commission, at a rate fixed by the Minister.

Charges of Commission.

16. The Commission may make charges, on a basis approved by the Minister, for the performance of its functions under these Regulations.

Expenses of distribution.

17. The amount of moneys paid by the Commission by way of remuneration to agents under regulation 15 of these Regulations, and the charges of the Commission under the last preceding regulation, shall be paid to the Commission out of amounts, representing income earned by investments, standing to the credit of the Fund.

Indemnity to the Commission.

18. The Commonwealth shall indemnify the Commission in respect of any loss which the Commission may incur in the performance in good faith of its functions under these Regulations.

Unclaimed moneys.

19.—(1.) Where the Commission is unable to effect payment of a refund in accordance with the Act or these Regulations, the Commission shall retain the refund as unclaimed moneys until the expiration of two years after the date of publication in the Gazette of a notice calling upon persons who have not been paid refunds to which they may be entitled to make a claim for those refunds.

(2.) Refunds which remain unpaid at the expiration of the period of two years shall be dealt with in such manner as the Minister determines.

(3.) If the Commission ceases to exist before it has disposed of the unclaimed moneys, the remaining unclaimed moneys shall be paid to the Treasurer who shall credit the moneys to a trust account, and may deal with those moneys in the same manner as the Commission could have done if it had not ceased to exist.

Assignments.

20.—(1.) In determining the person who is entitled to receive a refund, the Commission is not bound to take notice of, or act upon, an assignment of, or an agreement to assign, the refund or of an agreement otherwise relating to the refund.

(2.) This regulation does not affect the rights, duties and obligations of the parties to an assignment or agreement as beween themselves.

Payments in error.

21. Where the Commission or an agent of the Commission has paid an amount under the Act or these Regulations to a person who was not entitled to receive it, the Commission may recover from that person, by action in a court of competent jurisdiction, as a debt due by that person to the Commission—

(a) the whole of that amount; or

(b) if any part of that amount has been paid by that person to, or recovered from that person by, a person who was entitled under the Act or these Regulations to the sum so paid or recovered—so much of that amount as remains after deducting the sum so paid or recovered.

Service of notices.

22. A notice required or permitted by these Regulations to be given by the Commission may be given by serving the notice by post on the person to whom it is addressed at the last-known place of abode, or at any place of business, of that person.

False returns or information.

23. A person shall not—

(a) in a return or claim furnished or made for the purposes of the Act or these Regulations; or

(b) otherwise in connexion with the Act or these Regulations,

furnish to the Commission, or an agent of the Commission, any information which is false or misleading in any particular.

Destruction of records.

24. A person shall not—

(a) except with the consent of the Commission, destroy or part with the possession of any books, documents or papers which relate to—

 (i) wool on which an amount of charge, in respect of which a refund is payable, has been paid;

 (ii) the payment of moneys in connexion with any such wool; or

(iii) the refund of moneys under the Act or these Regulations; or

(b) with intent to mislead the Commission or to defraud, alter or deface any entry in those books, documents or papers.

Offences.

25. A person shall not contravene, or fail to comply with, any provision of these Regulations which is applicable to him.

Penalty: One hundred pounds, or imprisonment for six months, or both.

 

By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.