Wool Tax (Administration) Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 45 1

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Wool Tax (Administration) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the WoolTax (Administration) Act 1964.

Dated 4 March 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

bob collins

Minister for Primary Industries and Energy

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1.   Amendment

1.1   The Wool Tax (Administration) Regulations are amended as set out in these Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 3 (Interpretation)

2.1    Subregulation 3 (1):

Insert the following definitions:

“ ‘intermediary’, inrelation to a wool-tax payer, means:

• (a)

  a wool-broker who furnishes a return under subsection 28 (1) of the Act; or

• (b)

  a wool-dealer who furnishes a return under subsection 29 (1) of the Act; or

• (c)

  a manufacturer who furnishes a return under subsection 30 (1) of the Act; or

• (d)

  a person who furnishes a return under subsection 31 (1) or 32 (1) of the Act;

as the case requires, in relation to the wool-tax payer;

‘return’, in relation to particulars given by an intermediary, means a return under subsection 28 (1), 29 (1), 30 (1), 31 (1) or 32 (1) of the Act, to which the particulars relate;

‘wool-tax payer’ means a person who has paid wool tax imposed, on or after 1 July 1993, by the Wool Tax Acts on shorn wool;”.

2.2   Add at the end:

“(4)

A reference in these Regulations to selling wool includes a reference to incurring liability to pay tax otherwise than by selling wool.”.

3.   New regulation 7a

3.1   After regulation 7, insert:

Particulars to be given to the Commissioner

“7A.

(1)For the purposes of subsections 28 (2), 29 (2), 30 (2), 31 (2) and 32 (2) of the Act, an intermediary must give the Commissioner the following particulars (as far as the intermediary is able to ascertain them):

• (a)

  the full name and postal address of the wool-tax payer (including any applicable Australian Company Numbers and details of any associated trading names) relevant to the transactions to which the return relates;

• (b)

  the full name and postal address of the intermediary (including any applicable Australian Company Numbers and details of any associated trading names) relevant to the transactions to which the return relates;

• (c)

  the gross value of taxable wool sold by the wool-tax payer to which the return relates;

• (d)

  the gross value of any taxable carpet wool sold by the wool-tax payer to which the return relates;

• (e)

  the total tax paid by the intermediary in relation to the wool referred to in paragraphs (d) and (e);

• (f)

  the month and year in which each sale is concluded.

Penalty: 5 penalty units.

“(2)

An intermediary must not knowingly or recklessly give false particulars to the Commissioner.

Penalty: 5 penalty units.

 “(3)The particulars referred to in subregulation (1) must be given to the Commissioner:

• (a)

  in writing; or

• (b)

  in an electronic form acceptable to the Commissioner.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 11 March 1994.

2. Statutory Rules 1964 No. 71 as amended by 1984 Nos. 414 and 422.