Wool Industry Amendment Act 1985

Legislation au C2004A03123 Not in force Act

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No. 84 of 1985

An Act to amend the Wool Industry Act 1972, and for related purposes

[Assented to 6 June 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Wool Industry Amendment Act 1985.

(2) The Wool Industry Act 19721 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on 1 July 1985.

Payments to Fund

3. (1) Section 68 of the Principal Act is amended—

(a) by omitting paragraph (1) (a) and substituting the following paragraph:

“(a) where all the tax imposed on particular shorn wool by a Wool Tax Act has been received by the Commonwealth—an amount equal to a prescribed percentage of the sale value of that shorn wool;”; and

(b) by inserting after sub-section (1) the following sub-sections:

“(1a) Regulations prescribing a percentage for the purposes of paragraph (1) (a) shall not be such that the sum of—

(a) the percentage prescribed for the purposes of that paragraph;

(b) the percentage prescribed for the purposes of sub-section 83 (1); and

that apply in relation to the sale value of particular shorn wool is not equal to the percentage specified in the rate of tax imposed by a Wool Tax Act that is the rate of tax that applied to that wool.

“(1b) For the purposes of this section, the sale value of any shorn wool is the amount that, by virtue of section 10 of the Wool Tax (Administration) Act 1964, is the sale value of that wool for the purposes of that Act.

“(1c) Before making regulations prescribing a percentage for the purposes of paragraph (1) (a), the Governor-General shall take into consideration any recommendations with respect to that percentage made to the Minister by the Wool Council of Australia.”.

(2) Notwithstanding the amendments of section 68 of the Principal Act made by sub-section (1) of this section, section 68 of the Principal Act continues to apply, after the commencement of this Act, to and in relation to tax that—

(a) was imposed before the commencement of this Act by any Wool Tax Act within the meaning of the Principal Act; and

(b) was received by the Commissioner of Taxation before, or is received by the Commissioner of Taxation after, the commencement of this Act.

(3) Money payable to the Wool Research Trust Fund under section 68 of the Principal Act in its application in accordance with sub-section (2) of this section is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

4. (1) Section 83 of the Principal Act is repealed and the following section is substituted:

Payments to Corporation

“83. (1) Where all the tax imposed on particular shorn wool by a Wool Tax Act has been received by the Commonwealth, there is payable to the Corporation an amount equal to a prescribed percentage of the sale value of that shorn wool.

“(2) Regulations prescribing a percentage for the purposes of sub-section (1) shall not be such that the sum of—

(a) the percentage prescribed for the purposes of that sub-section;

(b) the percentage precribed for the purposes of paragraph 68 (1) (a); and

(c) the percentage prescribed for the purposes of sub-section 84a (1), that apply in relation to the sale value of particular shorn wool is not equal to the percentage specified in the rate of tax imposed by a Wool Tax Act that is the rate of tax that applied to that wool.

“(3) For the purposes of this section, the sale value of any shorn wool is the amount that, by virtue of section 10 of the Wool Tax (Administration) Act 1964, is the sale value of that wool for the purposes of that Act.

“(4) Before making regulations prescribing a percentage for the purposes of sub-section (1), the Governor-General shall take into consideration any recommendations with respect to that percentage made to the Minister by the Wool Council of Australia.”.

(2) Notwithstanding the repeal of section 83 of the Principal Act by sub-section (1) of this section, section 83 of the Principal Act continues to apply, after the commencement of this Act, to and in relation to tax that

(a) was imposed before the commencement of this Act by any Wool Tax Act within the meaning of the Principal Act; and

(b) was received by the Commissioner of Taxation before, or is received by the Commissioner of Taxation after, the commencement of this Act.

(3) Money payable to the Australian Wool Corporation under section 83 of the Principal Act in its application in accordance with sub-section (2) of this section is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

5. (1) Section 84a of the Principal Act is repealed and the following section is substituted:

Payment to Corporation in respect of market support

“84a. (1) Where all the tax imposed on particular shorn wool by a Wool Tax Act has been received by the Commonwealth, there is payable to the Corporation an amount equal to a prescribed percentage of the sale value of that shorn wool.

“(2) An amount payable to the Corporation under sub-section (1) is

(a) payable in addition to money payable to the Corporation under the preceding provisions of this Part; and

(b) payable in accordance with determinations of the Minister as to the times of payments of amounts under that sub-section.

“(3) A percentage that is prescribed for the purposes of sub-section (1) shall not—

(a) exceed 5%; or

(b) be less than 4%.

“(4) Regulations prescribing a percentage for the purposes of sub-section (1) shall not be such that the sum of—

(a) the percentage prescribed for the purposes of that sub-section;

(b) the percentage prescribed for the purposes of paragraph 68 (1) (a); and

“(5) For the purposes of this section, the sale value of any shorn wool is the amount that, by virtue of section 10 of the Wool Tax (Administration) Act 1964, is the sale value of that wool for the purposes of that Act.

“(6) Before making regulations prescribing a percentage for the purposes of sub-section (1), the Governor-General shall take into consideration any recommendations with respect to that percentage made to the Minister by the Wool Council of Australia.”.

(2) Notwithstanding the repeal of section 84a of the Principal Act by sub-section (1) of this section, section 84a of the Principal Act continues to apply, after the commencement of this Act, to and in relation to tax that—

(a) was imposed before the commencement of this Act by any Wool Tax Act within the meaning of the Principal Act; and

(b) was received by the Commissioner of Taxation before, or is received by the Commissioner of Taxation after, the commencement of this Act.

(3) Money payable to the Australian Wool Corporation under section 84a of the Principal Act in its application in accordance with sub-section (2) of this section is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

NOTE

1. No. 111, 1972, as amended. For previous amendments, see No. 63, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 65 and 152, 1974; No. 71, 1976; Nos. 43 and 92, 1977; Nos. 36 and 71, 1978; Nos. 31 and 49, 1979; No. 50, 1980; Nos. 63 and 74, 1981; No. 39, 1983; and No. 9, 1984.

[Minister’s second reading speech made in—

House of Representatives on 8 May 1985

Senate on 27 May 1985]

Overview

The Wool Industry Amendment Act 1985 was enacted by the Queen, with the Senate and the House of Representatives of the Commonwealth of Australia, to amend the Wool Industry Act 1972. This amendment was introduced to address the need to adjust the distribution of funds to the Wool Research Trust Fund and the Australian Wool Corporation, which were established to support research and market support activities in the wool industry. The Act ensures that payments to these entities are calculated based on a prescribed percentage of the sale value of shorn wool, with specific provisions to avoid exceeding the tax rate set by the Wool Tax Act. The Governor-General is required to consider recommendations from the Wool Council of Australia before making regulations that prescribe these percentages. The Act also ensures that the specified payments are made out of the Consolidated Revenue Fund. The policy objective is to maintain an equitable distribution of funds among the Wool Research Trust Fund, the Australian Wool Corporation, and the government while ensuring compliance with the tax rates set by existing legislation.

Scope and Application

The Wool Industry Amendment Act 1985 amends the Wool Industry Act 1972, affecting the operations of the wool industry in Australia. This Act applies to all entities involved in the production, sale, and taxation of shorn wool, particularly those entities required to pay taxes under any Wool Tax Act. The Act applies nationally across the Commonwealth of Australia and does not specify exclusions or exemptions within its text, although it allows for the regulation of certain percentages prescribed for payments to various funds and the Corporation. The Act authorises the creation of subordinate legislation to further specify the percentages for payments to the Wool Research Trust Fund, the Australian Wool Corporation for general purposes, and for market support. These regulations must take into account recommendations from the Wool Council of Australia. The Act also ensures that certain provisions of the Principal Act continue to apply to taxes imposed before the Act's commencement and taxes received before or after this date.

Key Provisions

The Wool Industry Amendment Act 1985 amends the Wool Industry Act 1972 (the Principal Act). The main operative sections of this Act pertain to the amendments made to the payment mechanisms for the Wool Research Trust Fund, the Australian Wool Corporation, and an additional payment in respect of market support for the Corporation. Section 3 amends section 68 of the Principal Act to change the basis for payments to the Wool Research Trust Fund, now requiring that these payments be an amount equal to a prescribed percentage of the sale value of shorn wool (subsection 3(1)(a)). This amendment also includes provisions to ensure that the sum of percentages prescribed for different payments does not exceed the rate of tax imposed by a Wool Tax Act (subsection 3(1)(a)). Section 4 repeals section 83 of the Principal Act and substitutes it with a new section (section 83), which mandates payments to the Australian Wool Corporation based on a prescribed percentage of the sale value of shorn wool, with similar constraints on the sum of prescribed percentages (subsection 4(2)). Section 5 repeals section 84a of the Principal Act and substitutes it with a new section (section 84a), which requires additional payments to the Australian Wool Corporation in respect of market support, subject to a range between 4% and 5% of the sale value of shorn wool (subsection 5(3)). The Wool Industry Amendment Act 1985 imposes obligations on various entities. The Minister must consider recommendations from the Wool Council of Australia before making regulations prescribing percentages for payments (subsections 3(1)(c), 4(4), and 5(6)). The Governor-General must also consider these recommendations before making regulations. Furthermore, payments to the Wool Research Trust Fund, the Australian Wool Corporation, and in respect of market support for the Corporation are to be made from the Consolidated Revenue Fund, which is appropriated accordingly (subsections 3(3), 4(3), and 5(3)). The Act does not explicitly outline offences, penalties, or civil/criminal consequences for breaches. However, failure to comply with the provisions regarding the prescribed percentages and the recommendations from the Wool Council of Australia could lead to regulatory scrutiny or potential legal challenges regarding the appropriateness and legality of the payments. The Act's provisions are designed to ensure that the total prescribed percentages do not exceed the applicable tax rate, thereby maintaining the integrity and legality of the payment mechanisms established by the amended sections.

Area of Law: Commercial Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Compliance Obligations; Regulatory Standards

Interactions

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.

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