EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 117
Issued by the Authority of the Minister for Primary Industry
WOOL INDUSTRY ACT 1972
The Wool Industry Act 1972 (the Act) provides that the Governor-General may make regulations which are not inconsistent with the Act and which may prescribe penalties not exceeding $500 for offences against the Regulations.
In particular, the Act provides that the Regulations may make provision 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 purpose of the Regulations is to amend the Wool Industry (Sampling Sites) Regulations to take account of the omission from the Wool Industry Act 1972 of any reference to the Australian Wool Testing Authority. The Authority was abolished and its rights, property and assets vested in the Australian Wool Corporation. The Corporation also became liable to pay or discharge any debts, liabilities or obligations of the Authority.
The fees payable by the operator of a registered sampling site for the inspection of the site by the Department of Primary Industry were formerly calculated from the number of International Wool Textile Organisation (IWTO) Presale Test Certificates issued by the Australian Wool Testing Authority in respect of samples of wool drawn at the site.
The amendment requires the operator of the site to keep a record of the number of lots of wool from which samples are drawn on the site, being samples that are suitable for testing for the purpose of the issue of IWTO Certificates.
The inspection fee for a site will now be calculated from the number of such samples disclosed in a record required to be forwarded by the operator of the site to the Secretary of the Department of Primary Industry.
The amending Regulations also delete other references to the Australian Wool Testing Authority which no longer have any effect.
Overview
The Wool Industry Act 1972 was enacted to establish a regulatory framework governing the wool industry in Australia, with specific focus on the registration and inspection of wool sampling sites, as well as the associated fees. The Act authorises the Governor-General to make regulations prescribing penalties not exceeding $500 for offences against these regulations. The 2004 Statutory Rules, issued under the authority of the Minister for Primary Industry, amended the Wool Industry (Sampling Sites) Regulations to reflect the changes following the abolition of the Australian Wool Testing Authority and the transfer of its responsibilities to the Australian Wool Corporation. The primary objective of these amendments was to update the regulatory framework to account for the structural changes within the industry, ensuring that the fees for site inspections are calculated based on the number of suitable wool samples, rather than International Wool Textile Organisation (IWTO) Presale Test Certificates, and to remove outdated references to the abolished Authority.
Scope and Application
The Wool Industry Act 1972 applies to the regulation of wool sampling sites within Australia, with the Act empowering the Governor-General to issue regulations concerning the registration and inspection of these sites. The Act is applicable to entities and individuals operating wool sampling sites, ensuring compliance with standards set forth in the Act and its subordinate regulations. The scope of the Act extends to the entire Commonwealth of Australia, governing the conduct of wool sampling site operators and the processes involved in the registration and inspection of these sites. The Act allows for the imposition of penalties for non-compliance, with the maximum penalty for offences against the Regulations not exceeding $500. The Regulations amend the Wool Industry (Sampling Sites) Regulations to reflect the legislative changes that followed the abolition of the Australian Wool Testing Authority, transferring its rights and obligations to the Australian Wool Corporation. This includes updating the calculation of fees for site inspections based on the number of lots of wool sampled, rather than the number of International Wool Textile Organisation Presale Test Certificates issued by the former Authority. The Regulations also remove outdated references to the abolished Authority, ensuring the legislation remains relevant and effective in its regulatory purpose.
Key Provisions
The main operative sections of the Wool Industry (Sampling Sites) Regulations 1984 (C2004L06386) amend the existing regulations to reflect the abolition of the Australian Wool Testing Authority (AWTA) and the transfer of its functions to the Australian Wool Corporation (AWC). Specifically, section 3 of the Regulations requires the operator of a wool sampling site to maintain a record of the number of lots of wool from which samples are drawn, which are suitable for testing to issue International Wool Textile Organisation (IWTO) Certificates. This amendment replaces the previous fee calculation method, which was based on the number of IWTO Presale Test Certificates issued by the AWTA. Instead, fees for inspecting sampling sites will now be calculated based on the number of samples recorded and forwarded to the Department of Primary Industry.
The amended Regulations impose several obligations on the parties involved. Operators of registered wool sampling sites must ensure they keep accurate records of the number of lots of wool from which samples are drawn and suitable for testing. These records must be forwarded to the Secretary of the Department of Primary Industry as required. Failure to maintain accurate records or submit them as required can lead to non-compliance with the Regulations. The Department of Primary Industry, on the other hand, is tasked with inspecting these sites and calculating fees based on the submitted records. It must ensure that these inspections are conducted in a manner consistent with the purposes of the Wool Industry Act 1972.
Breach of the amended Regulations could result in civil consequences, including fines. Under section 4 of the Act, penalties for offences against the Regulations can be up to $500. This is a significant deterrent for non-compliance, as it imposes a financial penalty on operators who fail to maintain accurate records or submit them as required. Such penalties are intended to ensure that the regulatory framework remains effective and that the interests of all stakeholders in the wool industry are protected.
The Regulations also provide for the deletion of any references to the AWTA, which no longer have any effect following its abolition. This ensures that the regulatory framework is up to date and reflects the current organisational structure of the wool industry in Australia. By doing so, the Regulations aim to maintain clarity and consistency in the regulatory environment, facilitating compliance and effective governance.