EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO 115
Issued by the Authority of Minister for Primary Industries and Energy
WOOL MARKETING ACT 1987
WOOL MARKETING REGULATIONS (AMENDMENT)
The purpose of these Regulations under the Wool Marketing Act 1987 (the Act) is to make certain amendments to the Wool Marketing Regulations (Statutory Rules 1987 No 132 - the Principal Regulations), made under the Act for the purpose of placing in regulations the administrative procedures for making wool tax refunds to growers.
These amendments result from a review of the Principal Regulations by the Senate Standing Committee on Regulations and Ordinances (SSCRO) in which a number of administrative and drafting problems were identified. The Regulations to be amended were identified as subregulations 11(4), 11(6), 19(3), 21(5), 45(1), 45(3) and Regulations 20, 23 and 43. At the same time the Australian Wool Corporation (AWC) has sought some minor changes to subregulations 3(1), 6(2), 9(1), 9(2), 13(1) and 13(2) to improve the procedures in place regulating the provision of wool tax refunds.
The effect of these amending regulations is to correct errors made in drafting the Principal Regulations and to tighten up some of the administrative procedures in order to improve the efficiency and timeliness of wool tax refunds.
Subregulation 3(1) of the proposed Regulations amends the Principal Regulations by providing for the inclusion of the definition of “authorised person” and “examinable document” from Regulation 23 to the more appropriate Regulation 3 - Interpretation.
Subregulation 6(2) of the proposed Regulations amends the Principal Regulations by providing the AWC with the discretion to authorise Registered Persons to re-pay moneys paid into Market Support Fund to former partners of dissolved partnerships.
Subregulations 9(1) and (2) of the proposed Regulations amend the Principal Regulations by providing for a flexible formula mechanism to take account of changes to the apportionment and total percentage of wool tax.
Regulation 11 of the proposed Regulations amends the Principal Regulations by omitting the redundant subregulation 11(6) and amending subregulation 11(4) to provide for a reasonable period to enable registered persons to comply with a direction from the Corporation regarding the provision of prescribed information.
Regulation 13 of the proposed Regulations amends the Principal Regulations by allowing persons to make a claim upon the AWC if they have not received a payment within three months after the date of publication in the Gazette of a refund period and gives the Corporation the discretion to make retrospective refunds with respect to a refund year if satisfied there was sufficient reason why the claim was not delivered to the Corporation within the prescribed period.
Subregulation 19(3) of the proposed Regulations amends the Principal Regulations by replacing the reference to “section” with a reference to “regulation” to correct a drafting error.
Regulation 20 of the proposed Regulations amends the Principal Regulations by replacing the reference to “principles” with a reference to “formula” to make the scope of the regulation more precise and remove any possible ambiguity.
Subregulation 20(7) of the proposed Regulations amends the Principal Regulations by replacing the reference to “section” with a reference to “regulation” to correct a drafting error.
Regulation 21 of the proposed Regulations amends the Principal Regulations by omitting subregulation 21(5) being, like subregulation 11(6), redundant as Regulations 22, 23 and 23A, B, C, D provide sufficient basis for action in any proceedings for an offence under the Principal Regulations.
Regulation 23 of the Principal Regulations is to be repealed and replaced by proposed Regulations 23, 23A, 23B, 23C, 23D to meet the SSCRO preference for regulations governing the entry of inspectors onto premises either with consent or pursuant to a search warrant, to be modelled on subsections 232 and 236 of the ACT Credit Ordinance 1985.
Regulation 43 of the Principal Regulations is to be repealed as the appeal rights it bestows are already provided for under section 125 of the Act.
Regulation 45 of the proposed Regulations amends the Principal Regulations by omitting subregulation 45(1) and deleting from subregulation 45(3) reference to subregulation 45(1) as, like regulation 43, it is made redundant by section 125 of the Act.
Overview
The Wool Marketing Regulations (Amendment) Statutory Rules 1988 No 115 were enacted to address administrative and drafting errors within the existing Wool Marketing Regulations, made under the Wool Marketing Act 1987. This amendment was necessitated by a review conducted by the Senate Standing Committee on Regulations and Ordinances (SSCRO), which identified several issues with the Principal Regulations. The policy objective of these amendments is to correct these errors and enhance the efficiency and timeliness of wool tax refunds. These changes include re-defining certain terms, providing the Australian Wool Corporation with more discretion in certain matters, and correcting drafting errors, all aimed at streamlining the administrative procedures and ensuring the regulations align more closely with the intent of the Wool Marketing Act.
Scope and Application
The Wool Marketing Regulations (Amendment) Statutory Rules 1988 No 115 amend the Wool Marketing Regulations 1987 under the Wool Marketing Act 1987 to address administrative and drafting issues identified during a review by the Senate Standing Committee on Regulations and Ordinances. These amendments apply to all entities and individuals involved in wool marketing, including wool growers, registered persons, and the Australian Wool Corporation, with the aim of improving the efficiency and timeliness of wool tax refunds. The scope of these regulations extends to the Commonwealth, influencing the administration of wool marketing across Australia. The amendments correct errors in the Principal Regulations and refine administrative procedures without altering the fundamental rights or obligations of stakeholders. Some exclusions apply where the appeal rights or specific regulatory provisions are already covered under other sections of the Act, such as section 125. These regulations may be further extended or restricted through subordinate instruments, enabling the Australian Wool Corporation to adapt to changing circumstances in the wool industry.
Key Provisions
The Wool Marketing Regulations (Amendment) 2004 amends the Wool Marketing Regulations 1987 to refine and correct the administrative procedures for making wool tax refunds to growers. These amendments address issues identified during a review by the Senate Standing Committee on Regulations and Ordinances (SSCRO) and incorporate minor changes suggested by the Australian Wool Corporation (AWC). The amendments focus on correcting drafting errors and enhancing the efficiency and timeliness of wool tax refunds.
Section 3(1) of the amended regulations now includes the definitions of "authorised person" and "examinable document" in Regulation 3 – Interpretation, which was previously in Regulation 23. This move aims to place these definitions in a more appropriate section, thereby improving clarity. Section 6(2) grants the AWC discretion to authorise Registered Persons to repay moneys paid into the Market Support Fund to former partners of dissolved partnerships. This allows for more flexible handling of financial transactions related to dissolved partnerships.
Section 9(1) and (2) introduce a flexible formula mechanism to account for changes in the apportionment and total percentage of wool tax. This adjustment aims to better reflect current market conditions and tax liabilities. Section 11 amends subregulation 11(4) to provide a reasonable period for registered persons to comply with Corporation directions regarding prescribed information, while omitting the redundant subregulation 11(6). This change seeks to streamline compliance processes and ensure that information is provided in a timely manner.
Section 13 allows individuals to claim a refund from the AWC if they have not received payment within three months of the publication date of a refund period in the Gazette. Additionally, it grants the Corporation discretion to make retrospective refunds if there is sufficient reason why the claim was not delivered within the prescribed period. This provision aims to provide recourse for growers who may have missed the standard claim deadline due to valid reasons. Section 19(3) corrects a drafting error by replacing a reference to "section" with a reference to "regulation."
Section 20 replaces the term "principles" with "formula" in subregulation 20(7), making the regulation's scope more precise and eliminating potential ambiguities. Sections 21 and 23 address redundancies and replace the existing Regulation 23 with Regulations 23A, 23B, 23C, and 23D to align with the SSCRO preference for regulations governing inspector entry onto premises. Regulation 43 is repealed as its appeal rights are already covered under section 125 of the Act. Section 45(1) is omitted and references to it are removed from subregulation 45(3), as it is made redundant by section 125.
The amendments impose specific obligations on parties and entities governed by the Wool Marketing Act 1987 and its regulations. For instance, registered persons must comply with Corporation directions regarding prescribed information within the specified timeframe, and the AWC must consider and potentially authorise the repayment of funds to former partners of dissolved partnerships. Inspectors must follow the new regulations governing their entry onto premises, ensuring compliance with search warrant procedures.
Breaches of these regulations can lead to various consequences. While specific offences and penalties are not detailed in the explanatory statement, it is implied that non-compliance with these regulations could lead to administrative penalties, enforcement actions, or legal proceedings under the Wool Marketing Act 1987. The maximum penalties for offences under the Act can vary, but they typically include fines and, in some cases, imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined by the relevant courts based on the specific circumstances of each case.