WOOL
SALES DEDUCTION LEGISLATION REPEAL.
No. 30 of 1951.
An Act to repeal the Wool Sales Deduction (Administration) Act 1950, the Wool Sales Deduction Act (No.
1) 1950 and the Wool Sales Deduction
Act (No. 2) 1950, and for other purposes.
[Assented
to 17th. November, 1951.]
BE
it enacted by the King’s Most Excellent Majesty, the Senate, and the House of
Representatives of the Commonwealth of Australia, as follows:—
Short
title and citation.
1.This Act may be cited as
the Wool Sales Deduction Legislation
Repeal Act 1951.
Commencement.
2.This Act shall come into operation on the day on which
it receives the Royal Assent.
Interpretation.
3.Expressions used in this Act have the same meanings as
those expressions had in the Wool Sales
Deduction (Administration) Act 1950.
Repeal.
4. Subject to the next succeeding section, the Wool Sales Deduction (Administration) Act 1950, the Wool Sales
Deduction Act (No. 1) 1950 and
the Wool Sales Deduction Act (No. 2) 1950 are repealed.
Saving.
5.The Acts repealed by the last preceding section, and
the regulations made under the Wool Sales
Deduction (Administration) Act 1950, continue in force for all
purposes in connexion with or arising out of the sale or other disposal,
purchase or export of wool on. or before the thirtieth day of June, One
thousand nine hundred and fifty-one.
Cessation
of certain liabilities.
6.Subject to the next succeeding section, a person is
not liable to make a payment to the Commissioner, under an Act repealed by this
Act, in relation to wool sold or otherwise disposed of, purchased or exported
after the thirtieth day of June, One thousand nine hundred and fifty-one.
Deductions
held by brokers, &c., at commencement of Act.
7.—(1.) Where, before the date of commencement of
this Act, a person has, in paying or accounting for the proceeds of the sale of
wool sold by him on behalf of a producer after the thirtieth day of June, One
thousand nine hundred and fifty-one, or in paying or accounting for the
purchase price of wool purchased by him from a producer after that
last-mentioned date, deducted or debited an amount by reason of the operation
of section six of the Wool Sales
Deduction (Administration) Act 1950 and has not, before the date
of commencement of this Act, paid to the Commissioner, in relation to that sale
or purchase, an amount equal to that amount, that person is (whether or not he
has issued a wool deduction certificate in respect of the amount deducted or
debited) liable to pay to the Commissioner an amount equal to that amount.
(2.) A person
who is liable under this section to pay an amount to the Commissioner shall pay
that amount to the Commissioner within fourteen days after the date of
commencement of this Act.
Penalty: A fine not exceeding the amount payable to
the Commissioner.
(3.) An amount
payable to the Commissioner under this section may be sued for and recovered in
a court of competent jurisdiction by the Commissioner suing in his official
name.
(4.) In an
action against a person for the recovery of such an amount, a certificate in
writing signed by the Commissioner, certifying that the sum specified in the
certificate was, at the date of the certificate, payable by that person to the
Commissioner under this section is prima
facie evidence-of the matters stated in the certificate.
(5.) A person
who pays an amount to the Commissioner in pursuance of this section, or from
whom the Commissioner recovers an amount payable in pursuance of this section,
is, by force of this Act, discharged from his liability to pay to any other
person, or account to any other person for, so much of the amount received by
him for the wool concerned, or so much of the purchase price of the wool
concerned, as the case may be, as is equal to that amount.
Refunds
in respect of wool sold, &c., since 30th June, 1951.
8.—(1.) Where, before the commencement of this Act—
(a)a payment in relation to wool sold or otherwise disposed of, purchased or
exported after the thirtieth day of June, One thousand nine hundred and
fifty-one, has been made to the Commissioner under an Act repealed by this Act—
(i)
by a producer; or
(ii)
by a person who sold the wool on behalf of a producer or purchased it from a
producer; or
(b)a person has, in paying or accounting to a producer, deducted or debited an
amount in respect of which he is liable to make a payment to the Commissioner
under sub-section (1.) of the last preceding section,
the
Commissioner shall pay to that producer, by way of refund or reimbursement, an
amount equal to the amount so paid, deducted or debited.
(2.) Where the
producer has died, the payment under this section may be made to his legal
personal representative.
Wool
deduction certificates in respect of wool sold, &c., after 30th June, 1951.
9.Except as provided in the last preceding section, the
Commissioner is not required to allow a credit or make a payment in respect of
the amount of a wool deduction certificate delivered in relation to wool sold
or otherwise disposed of, purchased or exported after the thirtieth day of
June, One thousand nine hundred and fifty-one.
Appropriation.
10.