Wool International Regulations (Amendment) 1997 No. 78
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 78
Issued by the Authority of the Minister for Primary Industries and Energy
Wool International Act 1993
Wool International Regulations (Amendment)
The Wool International Act 1993 (the Act) provides for, amongst other things, the disposal management of the wool stockpile and elimination of the debt associated with the stockpile.
Until 30 June 1996, the Act provided for a wool tax of 4.5 per cent of the value of shorn wool (except carpet wool), imposed on wool tax payers to assist in the repayment of the debt associated with the stockpile. This rate was amended to be set by regulation, which currently sets the tax rate at zero.
Section 45 of the Act related to additional contributions by wool-tax payers, over and above the mandatory debt component of the wool tax requirements for the sale value of shorn wool, other than carpet wool.
The Government decided that provision for voluntary contributions to be made to repay debt associated with the stockpile could be removed in light of the removal of that component of the wool tax relating to repayment of the debt. This was achieved first by repealing section 45 by an amendment to the Primary Industries and Energy Legislation Amendment Act (No. 1) 1996 (the PIELA Act). Second, these Wool International Regulations repeal the relevant Regulations providing for payment of additional contributions.
These Regulations therefore remove any reference in the Wool International Regulations (1993) to additional contributions following the repeal of the relevant section of the Act.
The Wool Council of Australia supports the removal of this provision.
Details of the Regulations are set out below:
Regulation 1 provides for the Wool International Regulations to be amended as set out in these Regulations.
Regulation 2 repeals Regulation 5 which makes provision for additional contributions.
Regulation 3 repeals Sub-regulation 6(2)(b) relating to statements of additional contributions made under section 45 of the Act.
Regulation 4 removes Regulations providing for information about wool tax payers who have made additional contributions to be recorded on the wool tax register.
The Regulations commenced on gazettal.
Overview
The Wool International Regulations (Amendment) 1997, issued under the authority of the Minister for Primary Industries and Energy, amends the Wool International Regulations (1993) to address the issue of voluntary contributions by wool-tax payers towards the debt associated with the wool stockpile. This was enacted to streamline the debt repayment process in light of the amendment to the wool tax rate set by regulation, which has been reduced to zero. The Wool International Act 1993 originally allowed for a wool tax of 4.5 per cent on the sale value of shorn wool, other than carpet wool, to assist in repaying the stockpile debt. However, this tax rate is now set by regulation, and the additional contributions by wool-tax payers, as provided for in section 45 of the Act, have been repealed. These regulations thus remove any reference to additional contributions in the Wool International Regulations, reflecting the policy objective of simplifying the debt repayment process and removing redundant provisions.
Scope and Application
The Wool International Regulations (Amendment) 1997 No. 78 amends the Wool International Regulations (1993) under the authority of the Minister for Primary Industries and Energy, in accordance with the Wool International Act 1993. This legislative change applies to entities involved in the wool industry, particularly those who were previously subject to a wool tax and the additional contributions requirement. The Act and these Regulations primarily pertain to the management and disposal of the wool stockpile, as well as the elimination of debt associated with it. Geographically, this Act and its regulations apply on a Commonwealth level, thereby extending across all states and territories within Australia. These Regulations specifically address the removal of the additional contributions requirement for wool-tax payers, following the amendment of the Act which set the wool tax rate at zero and repealed the section concerning voluntary contributions. This change was supported by the Wool Council of Australia and effectively eliminates any regulatory provision for additional contributions, streamlining the regulatory framework for the wool industry. The Regulations took effect immediately upon gazettal.
Key Provisions
The main operative sections of the Wool International Regulations (Amendment) 1997 No. 78 revolve around amendments to the existing Wool International Regulations (1993) to reflect the legislative changes in the Wool International Act 1993. Regulation 1 outlines the amendments, while Regulation 2 repeals Regulation 5, which had provided for additional contributions. Regulation 3 repeals Sub-regulation 6(2)(b), which related to statements of additional contributions made under section 45 of the Act. Regulation 4 removes the requirement to record information about wool tax payers who have made additional contributions on the wool tax register. These changes are significant as they eliminate the provision for additional contributions to repay debt associated with the wool stockpile, which was previously possible under section 45 of the Act.
The obligations and requirements imposed by these regulations on the parties or entities they govern primarily relate to the cessation of additional contributions to the wool stockpile debt. With the repeal of section 45 of the Act and the corresponding regulations, wool tax payers are no longer required to make additional voluntary contributions. This change simplifies the compliance requirements for wool tax payers by removing the need to account for or report on additional contributions. The amendments also involve updating records and registers, as specified in Regulation 4, to ensure they no longer include references to these contributions.
The consequences for breach of these regulations, or the underlying Act, are not explicitly detailed within the explanatory statement provided. However, generally, breaches of regulations made under the Wool International Act 1993 can lead to civil and criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment, depending on the severity and nature of the breach. The maximum penalties would be determined by the specific provisions of the Act and any relevant case law, but the exact penalties are not outlined in this particular amendment. The focus of these regulations is to streamline the regulatory framework by removing outdated provisions, rather than imposing new penalties.