Australian Wool Realisation Commission Regulations (Amendment) 1991 No. 432
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 432
Issued by the Authority of the Minister for Primary Industries and Energy AUSTRALIAN WOOL REALISATION COMMISSION ACT 1991
Australian Wool Realisation Commission Regulations (Amendment)
Section 72 of the Australian Wool Realisation Commission Act 1991 (the Act) provides for the Governor-General to make regulations for the purposes of the Act. Section 83 of the Act provides for the making of regulations in respect of transitional matters due to the repeal of the Wool Marketing Act 1987 (the repealed Act).
Subsection 80(2) of the Act provides for regulations to be made in relation to the payment of amounts due and payable to a person or body under three schemes which existed under the repealed Act. These schemes were:
(a) a scheme for the disposal of sheep, which operated from November 1990 to March 1991, in which woolgrowers were reimbursed a nominal amount for the orderly disposal of surplus sheep;
(b) a scheme for the payment of woolgrowers not able to sell their wool before 1 June 1990, when the minimum reserve price was lowered, due to the flooding which occurred in New South Wales and Queensland in April and May 1990;
(c) the repayment of woolgrowers' wool-tax contributions to the Market Support Fund (MSF). The MSF was a pool of woolgrowers' funds used to support the Reserve Price Scheme. These funds were repaid to woolgrowers periodically, with the last repayment period announced in May 1989, and pertaining to the 1983-84 and 1984-85 seasons.
Subsection 80(2) also provides for regulations to be made in respect of the period within which any payment is to be made by the Australian Wool Realisation Commission (the Commission) under these schemes. As the period to which the schemes apply has passed, it is necessary from the Commission's perspective to finalise payments relating to the schemes. The Regulations provide that all payments must be made by the Commission by 31 December 1991, and, in addition, rectify an incorrect reference in existing regulation 6 to the relevant subsection of the Act.
The details of the Regulations are as follows:
Clause 1 provides for the commencement of the Regulations, with subregulation 3.1 to apply retrospectively to 1 July 1991. This clause pertains to the amendment of the
incorrect reference to the relevant subsection of the Act, and has no adverse financial implications for any persons involved with the schemes;
Clause 2 provides for the amendment of the Regulations; and
Clause 3 Subregulation 3.1 omits the reference to the incorrect subsection in the existing regulation 6, and inserts the correct subsection as ‘subsection 80(2)'.
Subregulation 3.2 adds at the end of the existing regulation 6 that all payments under the three schemes must be made by the Commission by 31 December 1991.
Overview
The Australian Wool Realisation Commission Regulations (Amendment) 1991 No. 432 were enacted to amend the Australian Wool Realisation Commission Regulations and address issues arising from the transition following the repeal of the Wool Marketing Act 1987. This amendment was necessary to finalise payments related to three specific schemes that existed under the repealed Act, including the disposal of surplus sheep, compensation for woolgrowers affected by flooding, and the repayment of woolgrowers' wool-tax contributions to the Market Support Fund. The Regulations were issued by the Minister for Primary Industries and Energy under the authority of the Australian Wool Realisation Commission Act 1991 and aim to ensure that all payments under these schemes are completed by 31 December 1991, while also correcting an inaccurate reference in existing regulation 6. The Parliament of Australia enacted these Regulations to facilitate a smooth transition and provide clarity and finality to the payment processes affected by the legislative changes.
Scope and Application
The Australian Wool Realisation Commission Regulations (Amendment) 1991 No. 432 applies to the Australian Wool Realisation Commission and the various woolgrowers who participated in the schemes established under the repealed Wool Marketing Act 1987. These schemes involved the reimbursement of woolgrowers for the disposal of surplus sheep, payments for woolgrowers affected by flooding in New South Wales and Queensland in 1990, and the repayment of woolgrowers' wool-tax contributions to the Market Support Fund. The amendment is designed to finalise payments under these schemes by ensuring that all payments are made by 31 December 1991 and to correct a reference in existing regulation 6 to the appropriate subsection of the Australian Wool Realisation Commission Act 1991. This legislative instrument extends to the Commonwealth of Australia and affects all entities and persons involved with the specified payment schemes under the repealed Act. The Regulations do not introduce any new exclusions, exemptions, or thresholds but rather seek to ensure compliance with the original legislative intent by rectifying an administrative error and setting a clear deadline for payment completion.
Key Provisions
The Australian Wool Realisation Commission Regulations (Amendment) 1991 No. 432, made under the Australian Wool Realisation Commission Act 1991, provide for the finalisation of payments under three specific schemes that were in operation under the repealed Wool Marketing Act 1987. Section 80(2) of the Act mandates the making of these regulations to address the payment of amounts due to woolgrowers under the three schemes. These schemes included the disposal of surplus sheep, compensation for woolgrowers affected by flooding, and the repayment of woolgrowers' contributions to the Market Support Fund. Clause 1 of the Regulations sets the commencement date as 1 July 1991, with subregulation 3.1 applying retrospectively to that date. Clause 2 details the amendments to the existing regulations, while Clause 3 specifically corrects an erroneous reference in regulation 6 to the appropriate subsection of the Act and mandates that all payments under the schemes must be made by the Commission by 31 December 1991.
The Regulations impose several obligations on the Australian Wool Realisation Commission (the Commission). Primarily, the Commission is required to ensure that all outstanding payments under the three specified schemes are finalised by the stipulated date of 31 December 1991. This includes the reimbursement of woolgrowers for the disposal of surplus sheep, compensation for woolgrowers affected by the 1990 flooding, and the repayment of woolgrowers' contributions to the Market Support Fund. Additionally, the Regulations mandate the correction of a previously incorrect reference in regulation 6 to the correct subsection of the Act, namely subsection 80(2). These obligations are designed to ensure that all financial matters arising from the schemes are resolved in a timely and accurate manner, providing certainty to the parties involved.
While the Regulations themselves do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach, any failure by the Commission to meet the obligations set out in the Regulations could potentially lead to legal action by affected parties. Given the context of the legislation, the primary remedy would likely involve seeking a declaration or an injunction to enforce compliance with the mandated timelines and correct the regulatory reference. However, the precise consequences would depend on the specific circumstances of any breach and the applicable laws at the time. The Regulations focus on ensuring the orderly and timely conclusion of financial obligations rather than on punitive measures.