Wool Marketing Regulations (Amendment)

Legislation au C2004L06393 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1988 NO 139

Issued by the Authority of the Minister for Primary Industries and Energy

WOOL MARKETING ACT 1987

WOOL MARKETING REGULATIONS (AMENDMENT)

Section 127 of the Wool Marketing Act 1987 (the Act) provides that the Governor-General may make Regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act including the fees payable in respect of the registration and inspection of sampling sites.

Paragraph 27(b) of the Wool Marketing Regulations (the Regulations) provides that upon lodgement with the Secretary of an application for registration of a sampling site, such application shall be accompanied by the prescribed fee.

Subregulation 35(1) of the Regulations prescribed the amount of such fee to be $100. The Wool Marketing Regulations (Amendment) (the amending Regulations) changes such prescribed amount from $100 to $120.


Subregulation 35(2) of the Regulations requires the operator of a registered sampling site to pay an inspection fee in respect of an inspection or inspections carried out in relation to the site during each financial year.

Paragraph 35(3)(b), in effect, prescribes that the minimum fee payable under subregulation 35(2) of the Regulations to be $100. The amending Regulations will change such prescribed fee from $100 to $120.

The amending Regulations came into operation on 1 July 1988.

Overview

The Wool Marketing Regulations (Amendment) 1988 was enacted to amend the fees associated with the registration and inspection of sampling sites under the Wool Marketing Act 1987. This amendment was introduced to address the need for adjustments in the financial requirements of the wool marketing industry, ensuring that the fees reflect current economic conditions and administrative costs. The amending Regulations were issued by the authority of the Minister for Primary Industries and Energy, reflecting the policy objective of maintaining a fair and efficient wool marketing system. By adjusting the fees from $100 to $120 for both the registration and inspection of sampling sites, the amendment aims to provide adequate resources for the continued effective operation and oversight of wool marketing activities. The Wool Marketing Regulations (Amendment) 1988 was enacted by the Parliament of Australia under the authority granted by Section 127 of the Wool Marketing Act 1987, ensuring that the changes to the fees were consistent with the overarching objectives of the Act. The amendment was designed to maintain the integrity and functionality of the wool marketing system by updating the financial obligations for operators of sampling sites. The policy objective behind this amendment was to ensure that the fees charged are sufficient to cover the costs associated with the registration and inspection processes, thereby supporting the smooth operation of the wool marketing infrastructure.

Scope and Application

The Wool Marketing Regulations (Amendment) 1988 amends the fees associated with the registration and inspection of sampling sites under the Wool Marketing Act 1987. This Act applies to the marketing of wool in Australia, covering entities such as wool growers, wool brokers, and exporters who are involved in the wool industry. The Act's jurisdiction is national, as it operates under the Commonwealth to regulate the wool marketing industry across all states and territories. The amendment increases the registration fee for sampling sites from $100 to $120 and the minimum inspection fee from $100 to $120, effective from 1 July 1988. These changes are made through subordinate legislation under Section 127 of the Act, which allows for the regulation of matters necessary for the Act's implementation. There are no stated exclusions or exemptions within the scope of these amendments.

Key Provisions

The main operative sections of the Wool Marketing Regulations (Amendment) relate to the fees for the registration and inspection of sampling sites. Section 27(b) of the Regulations stipulates that an application for the registration of a sampling site must be accompanied by a prescribed fee. This requirement is unchanged by the amending Regulations. Subregulation 35(1) of the original Regulations set the registration fee at $100, which is increased to $120 by the amending Regulations. Similarly, subregulation 35(2) originally required an inspection fee of $100 for inspections conducted each financial year, a figure also increased to $120 in the amending Regulations. These changes came into effect on 1 July 1988. The obligations imposed by the amending Regulations on parties or entities governed by the Wool Marketing Act 1987 primarily revolve around the financial aspect of compliance. Operators of registered sampling sites must ensure they pay the updated fees as outlined in the amending Regulations. This includes paying a $120 fee for registration and another $120 fee for inspections conducted each financial year. These obligations ensure that the administrative costs associated with the regulation and oversight of sampling sites are adequately covered, thus supporting the effective implementation of the Act. Under the amending Regulations, breaches of the fee payment obligations can result in certain consequences. While the specific legal consequences for non-payment are not detailed in the explanatory statement, it can be inferred that failure to pay the prescribed fees could lead to penalties or other enforcement actions under the Act. Typically, non-compliance with regulatory requirements in such contexts can lead to civil penalties or even criminal charges, depending on the severity and intent of the breach. The maximum penalties are not specified in the explanatory statement, but they would generally align with those stipulated elsewhere in the Wool Marketing Act 1987 for similar regulatory breaches.

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