Australian Wool Realisation Commission Regulations 1991 No. 216
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 216
Issued by the authority of the Minister of State for Primary Industries and Energy. AUSTRALIAN WOOL REALISATION COMMISSION ACT 1991
AUSTRALIAN WOOL REALISATION COMMISSION REGULATIONS
Section 74 of the Australian Wool Realisation Commission Act 1991 empowers the Governor-General to make regulations for the purposes of the Act.
Subsections 25(2), 39(6) and 82(2) of the Act concern, respectively, the amount of the wool tax which has been collected and which is payable to the Australian Wool Realisation Commission (Commission); the wool industry organisations whose members are not eligible for appointment as a member of the Commission; and regulations relating to the payment of any refunds of wool tax not paid before 1 July 1991 for any previously declared refund period under section 51 of the Wool Marketing Act 1987.
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) has been received by the Commonwealth, then an amount equal to 9% of the sale value of that wool is payable by the Commonwealth to the Commission in the 1991/92 financial year.
The regulation concerning Commission membership prescribes those wool industry organisations whose members are not eligible under subsection 39(6) of the Act for appointment as a member of the Commission.
The transitional regulation concerns matters relating to eligibility for, and payment of, refunds of wool tax for refund periods which have been declared under section 51 of the Wool Marketing Act 1987. The specified Wool Marketing Regulations continue to apply after 1 July 1991 for any refunds which might have been due, but not paid, before that date. References in those regulations to the then Australian Wool Corporation are taken to be references to the Commission.
Overview
The Australian Wool Realisation Commission Regulations 1991 were enacted to provide a detailed framework for the operation of the Australian Wool Realisation Commission, established under the Australian Wool Realisation Commission Act 1991. This legislation was introduced to address the need for a structured approach to the management and distribution of funds collected through the wool tax, as well as to define the governance and operational processes of the Commission. The regulations were issued by the authority of the Minister of State for Primary Industries and Energy, ensuring alignment with the overarching policy objectives of the Act, which include the effective management of wool industry finances and the equitable distribution of benefits among stakeholders. These regulations outline specific provisions for the collection and distribution of wool tax, eligibility criteria for Commission membership, and transitional measures for refund payments, thereby providing a comprehensive regulatory environment for the wool industry.
Scope and Application
The Australian Wool Realisation Commission Regulations 1991 apply to the administration and operation of the Australian Wool Realisation Commission established under the Australian Wool Realisation Commission Act 1991. These regulations cover matters such as the allocation of wool tax collected by the Commonwealth from shorn wool, excluding carpet wool, and its payment to the Commission. The regulations also determine the eligibility of members from certain wool industry organisations for appointment to the Commission and address transitional provisions for the payment of wool tax refunds that were due but not paid before 1 July 1991. These regulations have a national jurisdictional reach and apply across Australia, as they pertain to the activities of the Commission and the management of the wool industry. There are no specific exclusions or thresholds outlined in the regulations, but they do provide detailed mechanisms for the implementation of the Act. The application and enforcement of these regulations may be extended or modified through subordinate instruments as deemed necessary by the relevant authorities.
Key Provisions
The Australian Wool Realisation Commission Regulations 1991 No. 216 outline several key provisions under the Australian Wool Realisation Commission Act 1991. Section 74 of the Act empowers the Governor-General to make these regulations for the purposes of the Act. Subsections 25(2), 39(6), and 82(2) specifically address the wool tax, eligibility for Commission membership, and refunds of wool tax respectively. The regulation concerning the wool tax stipulates that where the wool tax on shorn wool (excluding carpet wool) has been collected, an amount equal to 9% of the sale value of that wool is payable to the Commission in the 1991/92 financial year. This means that the Commonwealth, having collected the wool tax, must transfer a portion of this tax to the Commission.
The obligations imposed by these regulations are primarily on the Commonwealth and the wool industry organisations. The Commonwealth must ensure that the wool tax collected is accurately calculated and remitted to the Commission as per the stipulated percentage of the sale value of the wool. Wool industry organisations are required to adhere to the specified eligibility criteria for Commission membership, as outlined in subsection 39(6) of the Act. These regulations provide a clear framework for the transfer of tax revenue from the Commonwealth to the Commission and the eligibility of Commission members, ensuring compliance with the statutory requirements.
Breaches of these regulations can result in various consequences. While the specific penalties are not detailed in the Explanatory Statement, it is reasonable to infer that non-compliance could lead to legal action or administrative penalties. For example, failure to remit the correct amount of wool tax to the Commission could result in financial penalties or legal action by the Commission to recover the owed amounts. Similarly, failure to adhere to the eligibility criteria for Commission membership could lead to disqualification of members, which might have further legal or operational implications for the wool industry organisations involved.
In summary, the Australian Wool Realisation Commission Regulations 1991 No. 216 provide a structured approach to the administration of wool tax and the governance of the Commission. The regulations ensure that the wool tax collected by the Commonwealth is appropriately transferred to the Commission, and they establish the eligibility criteria for Commission membership. Non-compliance with these regulations could lead to financial penalties, legal actions, or disqualification of members, underscoring the importance of adherence to these provisions.