Australian Wool Corporation Regulations 1991 No. 215
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 215
Issued by the Authority of the Minister for State for Primary Industries and Energy AUSTRALIAN WOOL CORPORATION ACT 1991
AUSTRALIAN WOOL CORPORATION REGULATIONS
Section 96 of the Australian Wool Corporation Act 1991 (the Act) empowers the Governor-General to make regulations for the purposes of the Act.
Subsections 21(3), 26(1) and 49(6) of the Act concern prescription of, respectively, the amount of the wool tax which has been collected and which is payable to the Australian Wool Corporation (the Corporation); the amount payable by the Corporation to the Commonwealth for exotic animal disease control; and those wool industry organisations whose members are not eligible to be appointed as members of the Corporation.
The regulation concerning wool tax provides that where the wool tax imposed by the Wool Tax Acts (Nos 1-5) 1964 on shorn wool (other than carpet wool) or carpet wool has been received by the Commonwealth, then an amount equal to 2.5% of the sale value of that wool is payable by the Commonwealth to the Corporation in the 1991/92 financial year.
The regulation concerning exotic animal disease control provides that an amount of
$329,625 must be paid by the Corporation to the Commonwealth in each financial year ending before 1 July 1995 as a contribution to expenditure incurred by the Commonwealth under the Exotic Animal Disease Control Act 1959. That Act establishes the Exotic Animal Disease Preparedness Consultative Council (EXANDIS) and provides financial assistance for purposes related to the control and eradication of exotic animal diseases. The financial assistance is provided through a trust account which receives contributions from a range of animal industries, with expenditure from the account being matched by the Commonwealth.
The Australian Wool Corporation Act 1991 provides that before making regulations prescribing the amount payable by the Corporation, the Governor General must take into consideration any recommendation made to the Minister by those members of EXANDIS nominated by the National Farmers' Federation (NFF) and regulations shall not be made prescribing an amount greater than that last recommended. The NFF members of EXANDIS have recommended that the amount payable for 1991/92 be $329,625.
This regulation replaces a similar regulation made in May 1991 under the Wool Marketing Act 1987 which is to be repealed on 1 July 1991.
The regulation concerning Corporation membership prescribes those wool industry organisations whose members are not eligible under subsection 49(6) of the Act for appointment as a member of the Corporation.
Overview
The Australian Wool Corporation Regulations 1991 No. 215 were enacted to provide further details and clarifications in relation to the Australian Wool Corporation Act 1991. These regulations were introduced to address the need for specific guidelines concerning the wool tax, contributions for exotic animal disease control, and eligibility criteria for members of the Australian Wool Corporation. The regulations were issued by the authority of the Minister for Primary Industries and Energy, and they aim to ensure that the operations and financial transactions of the Australian Wool Corporation are conducted in accordance with the provisions of the Act. This includes the establishment of the wool tax amount payable to the Corporation, the amount the Corporation must pay to the Commonwealth for exotic animal disease control, and the specification of wool industry organisations whose members are ineligible for appointment as members of the Corporation.
Scope and Application
The Australian Wool Corporation Regulations 1991 apply to the Australian Wool Corporation and govern the financial obligations related to the wool industry as specified by the Australian Wool Corporation Act 1991. These regulations are applicable to entities involved in the wool industry, particularly those who are subject to the wool tax under the Wool Tax Acts (Nos 1-5) 1964 and any industry organisations whose members are not eligible for appointment as members of the Corporation. The regulations have a national jurisdictional reach as they pertain to the Commonwealth and the entities operating within Australia. Notably, these regulations exclude any carpet wool from the wool tax calculations and specify that certain wool industry organisations are ineligible for Corporation membership appointments. Furthermore, the regulations are subject to recommendations from the Exotic Animal Disease Preparedness Consultative Council (EXANDIS), specifically those made by the National Farmers' Federation members, which must be considered before prescribing certain amounts payable by the Corporation.
Key Provisions
The Australian Wool Corporation Regulations 1991, under Section 96 of the Australian Wool Corporation Act 1991, establish several key provisions concerning the Australian Wool Corporation (the Corporation). Section 21(3) stipulates that where the wool tax, as defined by the Wool Tax Acts (Nos 1-5) 1964, on shorn wool (excluding carpet wool) or carpet wool has been collected by the Commonwealth, an amount equivalent to 2.5% of the sale value of that wool is payable by the Commonwealth to the Corporation for the 1991/92 financial year. This regulation ensures that the Corporation receives a specific percentage of the sale value of wool collected through the wool tax.
Section 26(1) mandates that the Corporation must pay the Commonwealth an amount of $329,625 in each financial year ending before 1 July 1995. This payment is designated as a contribution towards the expenditure incurred by the Commonwealth under the Exotic Animal Disease Control Act 1959, which establishes the Exotic Animal Disease Preparedness Consultative Council (EXANDIS). The Act provides financial assistance for activities related to the control and eradication of exotic animal diseases, with the assistance coming from a trust account funded by various animal industries, and matched by Commonwealth contributions. The obligation on the Corporation to make these payments is clearly outlined and must be adhered to in order to support the objectives of the Exotic Animal Disease Control Act 1959.
Section 49(6) of the Act requires that before making any regulations prescribing the amount payable by the Corporation, the Governor-General must consider any recommendations made to the Minister by the members of EXANDIS nominated by the National Farmers' Federation (NFF). Furthermore, the regulations must not prescribe an amount greater than that last recommended by the NFF members of EXANDIS. For the 1991/92 financial year, the NFF members of EXANDIS recommended that the amount payable should be $329,625. This regulation replaces a similar one made in May 1991 under the Wool Marketing Act 1987, which is set to be repealed on 1 July 1991.
In terms of compliance and enforcement, any failure to adhere to these regulations may result in various civil or criminal consequences. While specific penalties are not detailed within the text, breaches of statutory provisions under the Australian Wool Corporation Act 1991 or related Acts could potentially result in fines or other legal actions as prescribed by the respective legislation. It is important for the Corporation and other governed entities to strictly comply with these regulatory requirements to avoid any adverse outcomes.