Australian Wool Realisation Commission (Transitional Payments Arrangements) Regulations 1991 No. 250
EXPLANATORY STATEMENT
STATUTORY RULES 1991 No. 250
Issued by the Authority of the Minister for Primary Industries and Energy
AUSTRALIAN WOOL REALISATION COMMISSION ACT 1991 AND
AUSTRALIAN WOOL CORPORATION ACT 1991
Australian Wool Realisation Commission (Transitional Payments Arrangements) Regulations
Section 72 of the Australian Wool Realisation Commission Act 1991 (the Commission Act) and Section 94 of the Australian Wool Corporation Act 1991 (the Corporation Act) provide that the Governor-General may make regulations for the purposes of the Acts.
Section 83 of the Commission Act together with Section 99 of the Corporation Act enable regulations to be made for transitional matters as a result of repeal of the Wool Marketing Act 1987 (the repealed Act) and enactment of the Commission Act, the Corporation Act and the establishment of the Wool Research and Development Corporation (WRDC) under the Primary Industries and Energy Research and Development Act 1989. Under this legislation the Australian Wool Corporation was abolished and its remaining functions divided between three new bodies the Australian Wool Realisation Commission (AWRC), the WRDC and a new Australian Wool Corporation (AWC).
Under the repealed Act, the Commonwealth was required to pay wool tax moneys it had received to the then Australian Wool Corporation for the purposes of the Corporation and also to pay moneys to match expenditure from the Wool Research and Development Fund. The repealed Act was repealed on 1 July 1991 and, immediately before that date, there were payments due to the then Australian Wool Corporation which had not been made by the Commonwealth. The payments were made to that Corporation's successor organisation, the AWRC, after 1 July 1991 under Section 8 of the Acts Interpretation Act 1901. The proposed regulations require the AWRC to pay relevant portions of such payments to the WRDC and the AWC.
The details of the regulations are as follows:
Clause 1 provides for the citation of the regulations
Clause 2 provides for the commencement of the regulations
Clause 3 requires the AWRC to transfer to the WRDC that part of the wool research and development portion of the wool tax and the Commonwealth's matching research and development money, both of which had not been paid by the Commonwealth immediately before 1 July 1991 but have been paid to the AWRC subsequent to that date.
Clause 4 requires the AWRC to transfer to the AWC the promotion and other purposes portion of the wool tax which had not been paid by the Commonwealth immediately prior to 1 July 1991 but has been paid to the AWRC subsequent to that date and, and had not the repealed Act been repealed, would have formed part of the funds in the Promotion Reserve or General Reserve.
The proposed regulations are to commence retrospectively on 1 July 1991, which is the same date of repeal of the repealed Act and the commencement of the new legislation relating to the wool industry.
The proposed regulations were not made prior to 1 July 1991 because of the limited time available between date of passage and Royal Assent of the new wool legislation in June 1991 and the start up date for the new legislation, coupled with an administrative oversight in preparing the transitional arrangements. Advice from Attorney-General's Department indicates that the retrospective effect of the regulations does not offend Section 48(2) of the Acts Interpretation Act 1901 and they can be made.
Overview
The Australian Wool Realisation Commission (Transitional Payments Arrangements) Regulations 1991 were enacted to address the transitional financial obligations arising from the repeal of the Wool Marketing Act 1987 and the establishment of the Australian Wool Realisation Commission, the Wool Research and Development Corporation, and a new Australian Wool Corporation. These regulations were issued by the Minister for Primary Industries and Energy under the authority of the Australian Wool Realisation Commission Act 1991 and the Australian Wool Corporation Act 1991. The policy objective is to ensure that outstanding payments, which were due to the former Australian Wool Corporation but not made by the Commonwealth before the repeal of the Wool Marketing Act 1987, are appropriately allocated to its successor entities. The regulations are designed to be retrospective, taking effect from 1 July 1991, to correctly distribute the wool tax and matching research and development funds among the new entities in accordance with their respective roles and functions.
Scope and Application
The Australian Wool Realisation Commission (Transitional Payments Arrangements) Regulations 1991 No. 250 applies to the Australian Wool Realisation Commission (AWRC), the Wool Research and Development Corporation (WRDC), and the Australian Wool Corporation (AWC), as successors to the Australian Wool Corporation following the repeal of the Wool Marketing Act 1987. These regulations are designed to manage the financial transition resulting from the repeal and the establishment of new legislative entities to handle wool-related activities. Geographically, the application of these regulations is federal, applying across Australia in accordance with the Commonwealth's jurisdiction under the Australian Wool Realisation Commission Act 1991 and the Australian Wool Corporation Act 1991. The regulations require the AWRC to transfer certain portions of wool tax and Commonwealth matching funds to the WRDC and the AWC, ensuring that outstanding payments made prior to the establishment of the new entities are appropriately allocated. The regulations commence retrospectively on 1 July 1991, the date of the repeal of the former Act and the commencement of the new legislative framework.
Key Provisions
The Australian Wool Realisation Commission (Transitional Payments Arrangements) Regulations 1991 No. 250 (the Regulations) provide specific directives for the distribution of certain payments due under the now repealed Wool Marketing Act 1987. According to Section 83 of the Australian Wool Realisation Commission Act 1991 (Commission Act) and Section 99 of the Australian Wool Corporation Act 1991 (Corporation Act), these Regulations were made to handle transitional matters following the abolition of the Australian Wool Corporation and the establishment of the Australian Wool Realisation Commission (AWRC), the Wool Research and Development Corporation (WRDC), and a new Australian Wool Corporation (AWC). Clause 3 of the Regulations specifies that the AWRC must transfer the portion of wool tax and the Commonwealth's matching research and development money intended for wool research and development to the WRDC. This transfer pertains to payments that were due immediately before the repeal of the Wool Marketing Act 1987 on 1 July 1991 but had not been made by the Commonwealth at that time. Conversely, Clause 4 mandates that the AWRC transfer the portion of the wool tax designated for promotion and other purposes to the AWC. These payments, which were also due before the Act's repeal but had not been made by the Commonwealth, would have otherwise formed part of the funds in the Promotion Reserve or General Reserve if the Act had not been repealed.
The Regulations impose certain obligations on the AWRC, primarily to ensure that the specified payments are correctly allocated to the WRDC and the AWC. Specifically, the AWRC is required to transfer specific portions of the wool tax and the Commonwealth's matching research and development money to the WRDC as per Clause 3, and the portion of the wool tax for promotion and other purposes to the AWC as per Clause 4. These obligations are to be performed in accordance with the retrospective effect of the Regulations, which commence on 1 July 1991, the same date the Wool Marketing Act 1987 was repealed and the new legislation came into effect. It is also important to note that these Regulations were not made prior to 1 July 1991 due to the limited time available for their preparation and an administrative oversight, but legal advice confirms that their retrospective application does not contravene any legislative provisions.
In terms of legal consequences, the Regulations themselves do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, under the Commission Act and the Corporation Act, failure to comply with the Regulations could potentially result in legal actions or other enforcement measures by the relevant authorities. The precise nature and extent of these consequences would depend on the specific circumstances of non-compliance and the applicable legal frameworks. Nonetheless, it is clear that adherence to these Regulations is essential for the proper distribution of the transitional payments and for ensuring the smooth operation of the newly established entities within the wool industry.