Australian Wool Testing Authority Act 1957

Legislation au C1957A00038 Not in force Act

Legislation content

AUSTRALIAN WOOL TESTING AUTHORITY.

 

No. 38 of 1957.

An Act to provide for the Establishment of an Australian Wool Testing Authority.

[Assented to 12th September, 1957.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title.

1. This Act may be cited as the Australian Wool Testing Authority Act 1957.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Parts.

3. This Act is divided into Parts, as follows:—

Part I.—Preliminary (Sections 1–4).

Part II.—The Australian Wool Testing Authority.

Division 1.—Establishment and Constitution of the Authority (Sections 5–13).

Division 2.—Functions, Powers and Duties of the Authority (Sections 14–18).

Division 3.—Staff (Sections 19–23).

Division 4.—Finances of the Authority (Sections 24–32)

Part III.—Miscellaneous (Sections 33–36).


Definitions.

4. In this Act, unless the contrary intention appears—

“member” means a member of the Authority;

“the Authority” means the Australian Wool Testing Authority established under this Act.

Part II.—The Australian Wool Testing Authority.

Division 1.—Establishment and Constitution of the Authority.

Establishment of Authority.

5.—(1.) For the purposes of this Act there shall be an Authority by the name of the Australian Wool Testing Authority.

(2.) The Authority—

(a) shall be a body corporate with perpetual succession and a common seal; and

(b) shall be capable, in its corporate name, of acquiring, holding and disposing of real and personal property and of suing and being sued.

(3.) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to a document and shall presume that it was duly affixed.

Constitution of Authority.

6.—(1.) The Authority shall consist of seven members, who shall be appointed by the Governor-General and shall be—

(a) a person nominated by the Australian Council of Wool Buyers;

(b) a person nominated by the National Council of Wool Selling Brokers of Australia;

(c) a person nominated by the Wool Scourers, Carbonizers and Fellmongers’ Federation of Australia;

(d) a person nominated by the Australian Wool Bureau;

(e) a person nominated by the Commonwealth Scientific and Industrial Research Organization;

(f) an officer of the Department of Primary Industry; and

(g) one other person.

(2.) A member shall be appointed to hold office for three years but is eligible for re-appointment.

(3.) In the event of a member ceasing to hold office before the termination of the period of his appointment, another member may be appointed in his place for the remainder of that period.

(4.) The exercise of a power or the performance of a function by the Authority is not invalidated by reason only of there being a vacancy or vacancies in the membership of the Authority.

(5.) The appointment of a member is not invalidated and shall not be called in question by reason of a defect…

Overview

The Australian Wool Testing Authority Act 1957 was enacted to address the need for a centralised body responsible for testing and certifying wool and wool products intended for trade both within Australia and internationally. The Act establishes the Australian Wool Testing Authority, a body corporate designed to conduct tests on wool and wool products, ensuring they meet specific standards before entering the market. This legislation was passed by the Commonwealth Parliament to provide a structured and reliable system for wool testing, thereby enhancing the credibility and competitiveness of Australian wool in the global market. The Act outlines the establishment, functions, powers, and governance of the Authority, ensuring it operates efficiently and transparently to meet its statutory objectives.

Scope and Application

The Australian Wool Testing Authority Act 1957 establishes the Australian Wool Testing Authority, a body corporate with the power to acquire, hold and dispose of property and to sue and be sued. The Authority is tasked with conducting tests on wool and wool products intended for trade, both internationally and interstate, and includes the establishment and operation of testing facilities in Australia. The Authority is prohibited from discriminating against any person seeking its services without reasonable cause. The Act outlines the constitution of the Authority, which comprises seven members appointed by the Governor-General, representing various stakeholders in the wool industry, and specifies the terms of their appointment, including provisions for resignation, dismissal, and vacancies. The Authority has the power to make contracts, appoint agents and attorneys, and institute legal proceedings, among other things, and is required to conduct its affairs to secure necessary revenue. The Act also mandates that the Authority issue certificates for tests carried out, which serve as evidence of the test results, and specifies the conditions under which the Authority may borrow money and invest its funds. The Authority's operations are subject to audit by the Auditor-General, who reports annually to the Minister, and the Authority itself must submit an annual report to the Minister, including financial statements. The Act further includes provisions for the limitation of the Authority's liability and the regulation-making power of the Governor-General.

Key Provisions

  • The Australian Wool Testing Authority Act 1957 (the "Act") establishes the Australian Wool Testing Authority (the "Authority") and outlines its functions, powers, duties, and governance. The Authority is established as a body corporate with perpetual succession, capable of acquiring, holding, and disposing of property, and of suing and being sued (Section 5). The Authority consists of seven members appointed by the Governor-General, representing various wool industry stakeholders, and it operates with a quorum of four members (Sections 6 and 13). Members are appointed for a term of three years and are eligible for re-appointment (Section 6(2)).
  • The Authority is tasked with conducting tests on wool and wool products intended for trade, establishing and maintaining testing facilities, and issuing certificates for tests carried out (Sections 14 and 18). The Authority must not refuse to make its services available without reasonable cause (Section 15). It has the power to acquire and dispose of property, make contracts, institute legal proceedings, and charge fees for its services (Section 16). The Authority is also required to manage its finances prudently, keeping proper accounts, and making provisions for depreciation and future liabilities (Sections 28–30). The Authority is subject to audit by the Auditor-General, who reports annually to the Minister on the Authority’s financial statements (Sections 31 and 35).
  • The Act imposes several obligations on the Authority, including the need to conduct its affairs with a view to securing necessary revenue (Section 17), to disclose any conflicts of interest (Section 12), and to prepare and submit annual reports and financial statements to the Minister (Section 35). Members of the Authority have specific duties, such as disclosing any personal interests in contracts and refraining from participating in related decisions (Section 12).
  • Breaches of the Act may lead to civil or criminal consequences, though specific offences and penalties are not detailed within the provided text. The Authority enjoys certain immunities, such as limited liability for its actions, except in cases of negligence or misconduct by its servants or agents (Section 34). The Act allows for the making of regulations necessary for its effective implementation, provided they do not conflict with the Act itself (Section 36).

Legal classification tags

Area of Law
Commercial Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Delegation & Subordinate Legislation
Enforcement Powers
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.