EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 180
Issued by the Authority of the Minister of State for Primary Industry
WOOL INDUSTRY ACT 1972
WOOL INDUSTRY (ALLOWANCES) REGULATIONS
The purpose of these Regulations under the Wool Industry Act 1972 (the Act) is to permit the Australian Wool Corporation to pay a travelling allowance to the Australian Government member of the Corporation or to the deputy of that member whilst travelling on Corporation business. These Regulations will enable the Australian Wool Corporation to be consistent with all other statutory authorities responsible to the Minister for Primary Industry in paying the same travelling allowance to the Australian Government member or his deputy, while travelling on authority business, as that paid to other members of the respective statutory authorities.
Sub-section 14(3) of the Act provides that, subject to the Remuneration Tribunal Act 1973, members and deputies of members shall be paid such allowances as are prescribed. The Remuneration Tribunal Act 1973 provides for the determination of remuneration and allowances, including travelling allowance, for members of statutory authorities.
However, sub-section 14(2) of the Act specifically states that the Remuneration Tribunal Act 1973 does not apply to the member representing the Australian Government and the deputy of that member. Regulations under sub-section 14(3) of the Act are therefore required to prescribe a travelling allowance to be paid to that member or his deputy. Such payment would be payable out of the funds of the Australian Wool Corporation under sub-section 14(4) of the Act.
The Regulations prescribe that for the purposes of sub-section 14(3) of the Wool Industry Act 1972 the travelling allowance payable to the Australian Government member of the Australian Wool Corporation and to the deputy of that member is that travelling allowance payable to a member of that Corporation appointed to represent woogrowers.
Overview
The Wool Industry (Allowances) Regulations 2004 were enacted under the Wool Industry Act 1972 to address a specific gap in the allowance provisions for the Australian Government member of the Australian Wool Corporation and their deputy. These regulations were established by the authority of the Minister of State for Primary Industry to ensure consistency in the payment of travelling allowances for members of statutory authorities. The primary objective of these regulations is to allow the Australian Wool Corporation to pay a travelling allowance to the Australian Government member or their deputy while travelling on Corporation business, aligning with the allowances provided to other members of statutory authorities.
The necessity for these regulations arises from the fact that sub-section 14(2) of the Wool Industry Act 1972 exempts the Remuneration Tribunal Act 1973 from applying to the Australian Government member and their deputy, necessitating a separate regulatory framework. The regulations thus prescribe the travelling allowance to be paid to the Australian Government member or their deputy, ensuring equitable treatment and consistency in accordance with the funds available under sub-section 14(4) of the Act.
Scope and Application
The Wool Industry (Allowances) Regulations 1975, made under the Wool Industry Act 1972, establish the framework for the Australian Wool Corporation to provide a travelling allowance to the Australian Government member of the Corporation or their deputy while undertaking business on behalf of the Corporation. This allowance is intended to ensure consistency with the allowances paid to members of other statutory authorities responsible to the Minister for Primary Industry. The Regulations specifically address the exclusion of the Remuneration Tribunal Act 1973 from governing the allowances for the Australian Government member and their deputy, as outlined in section 14(2) of the Act. Instead, the Regulations prescribe the allowance payable to these individuals, aligning it with the allowance provided to a member representing woolgrowers. This allowance is to be funded by the Australian Wool Corporation as per section 14(4) of the Act. The Regulations are applicable nationally, aligning with the scope of the Wool Industry Act 1972, which operates across all states and territories of Australia.
Key Provisions
The key operative sections of these Regulations under the Wool Industry Act 1972 (section 14(3)) allow the Australian Wool Corporation to provide a travelling allowance to the Australian Government member of the Corporation or to the deputy of that member when they are travelling on Corporation business. This allowance is specifically prescribed to be the same as the travelling allowance given to a member of the Corporation who is appointed to represent woolgrowers. This provision is necessary because sub-section 14(2) of the Act excludes the Australian Government member and his deputy from the application of the Remuneration Tribunal Act 1973, which otherwise governs the remuneration and allowances for members of statutory authorities.
These Regulations impose an obligation on the Australian Wool Corporation to ensure that the travelling allowance for the Australian Government member and his deputy is paid in accordance with the prescribed amount. The allowance is payable out of the funds of the Corporation under sub-section 14(4) of the Wool Industry Act 1972. By adhering to these Regulations, the Corporation maintains consistency with other statutory authorities in the treatment of allowances for their respective members.
Breach of these Regulations would not directly result in criminal or civil penalties as they do not contain explicit provisions for offences or penalties. However, failure to comply with the prescribed allowance could lead to legal challenges regarding the proper allocation of funds within the Corporation, potentially impacting the Corporation’s governance and compliance with its statutory obligations. The implications of such non-compliance would be evaluated in the context of broader administrative and financial regulations governing the Corporation.