Australian Wool Realisation Commission Regulations (Amendment) 1992 No.
205
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 205
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 that the Governor-General may make regulations for the purposes of the Act.
Subsection 39(6) of the Act, which refers to persons who may not be appointed as a member of the Australian Wool Realisation Commission (AWRC), has recently been amended. The subsection now includes 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 AWRC. A change to the corresponding regulation is therefore required. The proposed regulation prescribes the major national wool industry organisations, members of which or of the executives of which (as the case may be) are ineligible for appointment to the AWRC because those organisations are represented on the Australian Wool Industry Council which has been established under the Australian Wool Industry Council Act 1991.
Subsection 69(2) of the Act provides for the prescribing of particulars (if any) which are to be included in the AWRC'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 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 omits regulation 5 and inserts a new regulation 5 listing the organisations whose members, or members of their executives (as the case may be), are not eligible to be members of the AWRC.
Regulation 4 inserts a new regulation 5A which lists the particulars to be included in the AWRC's annual report.
Overview
The Australian Wool Realisation Commission Regulations (Amendment) 1992 No. 205, issued under the authority of the Minister for Primary Industries and Energy, amends the Australian Wool Realisation Commission Regulations to address the updated eligibility criteria for appointments to the Australian Wool Realisation Commission (AWRC) as specified in the Australian Wool Realisation Commission Act 1991. This amendment was introduced to ensure that individuals who are members of prescribed wool industry organisations or their executives are ineligible for appointment to the AWRC, given that these organisations are represented on the Australian Wool Industry Council. This change aligns with the policy objective of maintaining the independence and integrity of the AWRC in its decision-making processes. Additionally, the proposed regulation specifies the particulars to be included in the AWRC’s annual report, following guidelines for the content, preparation and presentation of annual reports by statutory authorities.
Scope and Application
The Australian Wool Realisation Commission Regulations (Amendment) 1992 No. 205 amends the Australian Wool Realisation Commission Regulations under the authority of the Australian Wool Realisation Commission Act 1991. This legislation applies to the Australian Wool Realisation Commission (AWRC) and specifically addresses the eligibility of individuals for appointment to the AWRC. It restricts appointments to members of the AWRC who are not members of, or executives of, prescribed wool industry organisations, as these organisations are represented on the Australian Wool Industry Council established under the Australian Wool Industry Council Act 1991. The amendment aims to ensure that AWRC members do not have potential conflicts of interest by excluding individuals affiliated with organisations already represented on the council. Additionally, the regulations outline the specific particulars that must be included in the AWRC's annual report, aligning with guidelines issued by the Senate for statutory authorities. These regulations have a specific commencement date, with regulation 3 coming into effect upon the enactment of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1992, while other regulations commence on gazettal.
Key Provisions
The Australian Wool Realisation Commission Regulations (Amendment) 1992 No. 205 amends the existing regulations to align with recent changes to the Australian Wool Realisation Commission Act 1991. Section 39(6) of the Act now specifies that individuals who are members of prescribed wool industry organisations or their executives are ineligible for appointment to the Australian Wool Realisation Commission (AWRC). This amendment necessitates a corresponding change in the regulations to reflect these updated eligibility criteria. Specifically, Regulation 3 omits the previous regulation 5 and inserts a new regulation 5, which now lists the specific wool industry organisations whose members or executives are ineligible for AWRC membership. This change ensures that the regulatory framework accurately reflects the legislative intent to prevent conflicts of interest by barring certain industry representatives from the AWRC.
The obligations imposed by these regulations include a clear delineation of the wool industry organisations whose members are ineligible for AWRC appointments. By prescribing these organisations, the regulations aim to uphold the integrity and impartiality of the AWRC. Additionally, Regulation 4 introduces a new regulation 5A, which outlines the particulars that must be included in the AWRC's annual report. These particulars follow the guidelines for the content, preparation, and presentation of annual reports by statutory authorities issued by the Senate, ensuring transparency and consistency in reporting.
Failure to comply with the provisions of the Australian Wool Realisation Commission Act 1991 and the amended regulations may result in civil or criminal consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is reasonable to infer that breaches of eligibility criteria for AWRC membership could lead to legal actions. The regulations likely impose penalties for non-compliance, although the exact nature and maximum penalties are not specified in the provided text. The overarching aim is to maintain the regulatory integrity and operational effectiveness of the AWRC by enforcing these eligibility and reporting requirements.