EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 266
Issued by the Authority of the Minister for Primary Industry
WOOL INDUSTRY ACT 1972
WOOL INDUSTRY (SAMPLING SITES) REGULATIONS (AMENDMENT)
The Wool Industry Act 1972 provides for the Governor-General to make regulations for and in relation to -
• the registration and inspection of wool sampling sites, and
• the fees payable in respect of the registration and inspection of sampling sites in accordance with the regulations.
The Wool Industry (Sampling Sites) Regulations provide for the registration of establishments testing wool and for monitoring their sampling and testing procedures to ensure that they maintain a high standard of performance. The Regulations prescribe the fees payable for registration and monitoring.
The Wool Industry (Sampling Sites) Regulations (Amendment) made the following changes:
• first, the definitions of “Department” and “financial year” were omitted from regulation 3 consequentially upon definitions of those terms having been included in the Acts Interpretation Act 1901,
• second, the word “Presale” was omitted from the definition of “I.W.T.O. Certificate” in regulation 3 in order to reflect the change in the title of the certificate of the International Wool Textile Organisation (I.W.T.O.) used to report the results of the testing of greasy wool samples taken from registered sampling sites and consequential changes were made in the remainder of the Regulations, and
• third, the fee for inspection of registered sampling sites by the Australian Wool Measurement and Standards Authority of the Department of Primary Industry was decreased.
The inspection fees have been revised with a view to achieving 50% recovery of costs incurred during the remainder of 1984-85 in line with Government policy. The fee is based on the number of lots of wool expected to be sampled at registered sampling sites for the purpose of the issue of I.W.T.O. Certificates during the 1983-84 financial year and the cost of inspection during that period.
The reduction in the fee per lot of wool sampled in respect of monitoring arose as a result of a significant increase expected in the size of the 1984-85 wool clip. No consequent increase in the number of inspection staff is expected.
The former and present fees are as follows
| Former fee | Present fee |
| 62 cents/lot sampled | 55 cents/lot sampled |
| OR | OR |
| $100 whichever is the greater | $100 whichever is the greater. |
The reduced rate of charge for monitoring of sampling at registered sampling sites is to come into effect from 1 October 1984.
Overview
The Wool Industry Act 1972, enacted by the Australian Parliament, was established to facilitate the regulation and inspection of wool sampling sites, ensuring they meet high standards of performance. The Act empowers the Governor-General to create regulations governing the registration, inspection, and associated fees of these sampling sites. To support this, the Wool Industry (Sampling Sites) Regulations were introduced, detailing the specific requirements for registration and the fees for monitoring the testing procedures of establishments that handle wool samples. The (Amendment) Regulations made in 1984, issued under the authority of the Minister for Primary Industry, primarily adjusted definitions to align with the Acts Interpretation Act 1901 and modified the fee structure for inspections to better reflect the anticipated increase in the wool clip size for the 1984-85 period. The policy objective of these amendments was to achieve a 50% recovery of costs incurred by the Australian Wool Measurement and Standards Authority during the inspection process.
Scope and Application
The Wool Industry Act 1972 and its related regulations, including the Wool Industry (Sampling Sites) Regulations, apply to entities involved in the registration and inspection of wool sampling sites in Australia. These regulations mandate the registration of establishments testing wool and stipulate fees for such registration and subsequent inspections, overseen by the Australian Wool Measurement and Standards Authority within the Department of Primary Industry. This regulatory framework ensures that wool sampling and testing procedures meet high standards, thereby maintaining the quality and integrity of the wool industry. The regulations apply nationally, extending to all states and territories within Australia. The amendments to these regulations, particularly the reduction in fees, aim to align with governmental cost recovery policies while reflecting changes in the wool industry, such as an expected increase in the size of the wool clip. These amendments also encompass updates to definitions and terminology to reflect changes within the International Wool Textile Organisation, ensuring the regulations remain relevant and effective.
Key Provisions
The main operative sections of the Wool Industry (Sampling Sites) Regulations (Amendment) primarily involve changes to definitions and fees associated with the registration and monitoring of wool sampling sites. Regulation 3 has been amended to remove the definitions of "Department" and "financial year" as these terms are now covered under the Acts Interpretation Act 1901. Additionally, the term "Presale" has been removed from the definition of "I.W.T.O. Certificate" to reflect the updated title of the certificate issued by the International Wool Textile Organisation (I.W.T.O.), and consequential changes have been made throughout the Regulations to align with this amendment. Furthermore, the amendment reduces the fee for inspecting registered sampling sites by the Australian Wool Measurement and Standards Authority of the Department of Primary Industry.
The obligations imposed on the parties governed by these Regulations include ensuring that establishments testing wool are registered and that their sampling and testing procedures are monitored to maintain a high standard of performance. This involves adhering to the updated definitions and fee structures outlined in the Regulations. Registered sampling sites must comply with the new fee structure for inspection, which has been adjusted to reflect government policy aiming for a 50% recovery of costs. The fee is calculated based on the number of lots of wool expected to be sampled and the cost of inspection during the financial year.
The Regulations impose specific financial obligations on the parties involved, including the payment of registration and monitoring fees as stipulated. For example, the inspection fee has been reduced from 62 cents per lot sampled to 55 cents, with a minimum fee of $100, whichever is greater. This reduction in fee is a result of the expected increase in the size of the 1984-85 wool clip and is set to come into effect from 1 October 1984. Parties must ensure that they are aware of and comply with these financial obligations to avoid any non-compliance issues.
In terms of consequences for breach, while the specific offences, penalties, or civil/criminal consequences for non-compliance with the Wool Industry (Sampling Sites) Regulations are not detailed in the provided text, it is common in legislative contexts for non-compliance to result in penalties. These could include fines, legal action, or other sanctions as prescribed by relevant legislation. The exact nature and severity of these penalties would typically be outlined in the primary Wool Industry Act 1972 or other related regulatory frameworks. It is important for parties governed by these Regulations to be fully aware of their obligations and the potential consequences of failing to comply with them.