Australian Wool Corporation Regulations (Amendment) 1992 No. 204
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 204
Issued by the Authority of the Minister for Primary Industries and Energy
AUSTRALIAN WOOL CORPORATION ACT 1991
Australian Wool Corporation Regulations (Amendment)
Section 94 of the Australian Wool Corporation Act 1991 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.
The following sections of the Act have been recently amended:
Section 26 concerns payments to the Commonwealth for exotic animal disease control. Under this section, the annual contribution to the Commonwealth from the Australian Wool Corporation (AWC) for exotic animal disease control is now prescribed each year, instead of the contribution being listed as applicable for each year up to 1994/95. Contributions may also be paid quarterly rather than in one annual amount on 1 July each year;
Subsection 49(6) concerns membership of the AWC. This subsection now includes a provision that an individual who is a member of a prescribed wool industry organisation, or an individual who is a member of the executive of a prescribed wool industry organisation, may not be appointed to the AWC. Members of the prescribed organisations, which are the major national wool industry organisations, or of their executives (as the case may be) are ineligible for appointment to the AWC because those organisations are represented on the Australian Wool Industry Council which has been established under the Australian Wool Industry Council Act 1991; and
Section 77 concerns the registration of certain wool premises as part of the process of ensuring the integrity of the wool prior to sale and the new section 77A enables the organisation which carries out the registration function to be prescribed.
As a result of these changes to the Act, amendment of, or additions to, the existing regulations are required.
In addition, subsection 91(2) of the Act provides for the prescribing of particulars (if any) which are to be included in the AWC's annual report. The proposed regulations list the items concerned. The list follows current guidelines for the content, preparation and presentation of annual reports by statutory authorities issued by the Senate.
The details of the proposed regulations are as follows:
Regulation 1 provides for regulation 3 to commence on 1 July 1992, regulations 4 and 5 to commence on the commencement of the Primary Industries and Energy Legislation Amendment Act (No 2) 1992, and for the remaining regulations to commence on gazettal.
Regulation 2 provides for amendment of the regulations.
Regulation 3 amends the existing regulation concerning payment to the Commonwealth of the AWC contribution for exotic animal disease control so that the currently prescribed amount of $204,595 is payable only in respect of the 1992/93 financial year.
Regulation 4 omits regulation 6 and inserts two new regulations
- new regulation 6 lists the organisations whose members, or members of their executives (as the case may be), are not eligible to be members of the AWC;
- new regulation 7 specifies that the National Association of Testing Authorities, Australia is the registering authority for the specified wool premises.
Regulation 5 inserts a new regulation 8 which lists the particulars to be included in the AWCs annual report.
Overview
The Australian Wool Corporation Regulations (Amendment) 1992 No. 204 were introduced to address amendments to the Australian Wool Corporation Act 1991, which were enacted by the Commonwealth Parliament. These amendments aimed to update the framework governing the operations of the Australian Wool Corporation (AWC) to better align with contemporary industry needs and regulatory requirements. The amendments include changes to the payment structure for exotic animal disease control contributions, restrictions on AWC membership to prevent conflicts of interest, and adjustments to the registration processes for wool premises to ensure the integrity of the wool prior to sale. The regulations were issued under the authority of the Minister for Primary Industries and Energy, with the overarching policy objective being to maintain and enhance the effectiveness and efficiency of the AWC in managing the wool industry.
Scope and Application
The Australian Wool Corporation Regulations (Amendment) 1992 No. 204, made under the authority of the Minister for Primary Industries and Energy, amends the Australian Wool Corporation Regulations to reflect recent legislative changes to the Australian Wool Corporation Act 1991. These regulations apply to the Australian Wool Corporation and its operations, specifically addressing contributions for exotic animal disease control, membership eligibility criteria, and the registration of wool premises. The amendments cater to the annual contributions for exotic animal disease control by prescribing the amount for the 1992/93 financial year and allowing for quarterly payments. They also introduce ineligibility for membership of the AWC for individuals who are members or executives of prescribed wool industry organisations, ensuring that these organisations are represented through the Australian Wool Industry Council. Additionally, the regulations specify the National Association of Testing Authorities, Australia as the registering authority for certain wool premises, ensuring the integrity of wool prior to sale. These changes are designed to align the regulatory framework with the legislative amendments and are intended to be effective from specified dates as outlined in the regulations.
Key Provisions
The Australian Wool Corporation Regulations (Amendment) 1992 No. 204 introduces several key changes to the Australian Wool Corporation Act 1991, primarily focusing on the payment of contributions, membership eligibility, and registration of wool premises. Under Section 26, the Act now prescribes the annual contribution to the Commonwealth for exotic animal disease control each year, rather than listing contributions applicable up to the 1994/95 financial year. Additionally, contributions may now be paid quarterly instead of a single annual amount on 1 July each year (Regulation 3). Subsection 49(6) has been amended to ensure that individuals who are members of a prescribed wool industry organisation, or members of the executive of such an organisation, are ineligible for appointment to the Australian Wool Corporation (AWC). This is to avoid conflicts of interest as these organisations are represented on the Australian Wool Industry Council (Regulation 4). Section 77 has been updated to allow for the registration of certain wool premises, with Section 77A enabling the prescribing of the organisation that carries out this registration function (Regulation 7).
The amended Act imposes specific obligations on the AWC, including the requirement to make annual contributions to the Commonwealth for exotic animal disease control, which can now be paid quarterly. It also mandates that certain individuals are ineligible for membership of the AWC to prevent conflicts of interest. Furthermore, the AWC must ensure that wool premises are registered as part of the process to ensure the integrity of the wool prior to sale. The AWC is also required to include particular items in its annual report, as specified in the regulations (Regulation 8). These obligations are intended to streamline financial contributions, maintain the integrity of the wool industry, and ensure transparency in reporting.
Breaches of these provisions may lead to civil or criminal consequences. For instance, failure to make the prescribed contributions on time could result in financial penalties, while appointing ineligible individuals to the AWC could lead to disciplinary actions. Non-compliance with the registration requirements for wool premises could also result in fines or other sanctions. The specific penalties are not detailed in the explanatory statement, but they would be in accordance with the general legal framework governing the AWC and related activities.