Wool Marketing Regulations (Amendment) 1991 No. 35
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 35
Issued by the Authority of the Minister of State for Primary Industries and Energy Wool Marketing Act 1987
Wool Marketing Regulations (Amendment)
Section 148 of the Wool Marketing Act 1987 (the Act) empowers the Governor- General to make regulations, not inconsistent with Part X (Temporary Provisions) of the Act, prescribing all matters that are required or permitted by Part X to be prescribed, or that are necessary or convenient to be prescribed. The regulations may amend any provision of the Act other than Part X. (Part X provides for the Wool Industry Supplementary Payments, among other things.)
Sections 119A, 119B, and 119C of the Act concern the appointment of authorised persons and their powers of entry to, and inspection of, premises to monitor compliance in relation to refunds of the market support fund (MSF) portion of wool tax. The amendments to the Wool Marketing Regulations insert new regulations which expand the coverage of those sections of the Act to also include supplementary payments and, in particular, to
(a) provide the Secretary of the Department of Primary Industries and Energy with the ability to appoint a Departmental officer (in addition to the ability of the Managing Director of the Australian Wool Corporation (AWC) to appoint a Corporation officer) to conduct inspections relating to refunds and supplementary payments;
(b) enable officers appointed as inspectors to enter and inspect premises for the purposes of monitoring compliance with the guidelines relating to supplementary payments, in addition to MSF refunds requirements; and
(c) permit a magistrate to issue a search warrant to enable an inspector to have access to a premises for monitoring compliance with the guidelines relating to supplementary payments, in addition to MSF refunds requirements.
Details of the amendments are set out in the attachment.
(d) inserting in subsection 119(5) 'or supplementary payments document'. As a result of this amendment, it is a reasonable excuse for the purpose of subsection 119B(4) for a person to refuse or fail to make available a refund or supplementary payments document on the grounds that so doing might tend to incriminate the person.
(c) inserts in subsection 119B(6) the definition of supplementary payments document.
Regulation 43C amends section 119C of the Act which covers application for and issuing of a warrant by a magistrate and the items which the warrant must contain (including name of inspector, timing of authorised entry and a date on which the warrant ceases to have effect). The amendment to the section
(a) inserts a new subsection 119(2A) which provides for a magistrate to issue a warrant if satisfied by information on oath that it is reasonably necessary for the inspector to have access to the premises for the purpose of finding out whether the requirements of the guidelines relating to supplementary payments are being complied with; and
(b) inserts a reference in subsection 119(3) to the new subsection 119(2A) above.
ATTACHMENT
WOOL MARKETING REGULATIONS (AMENDMENT)
Regulation 1 defines the Regulations to be amended
Regulation 2 inserts new regulations 43, 43A, 43B and 43C into the Wool Marketing Regulations as follows:
Regulation 43 repeals the heading to Division 1 of Part VIIA of the Act and substitutes a new heading to reflect the inclusion of inspections relating to supplementary payments.
Regulation 43A amends section 119A of the Act by inserting a provision which allows the Secretary of the Department to appoint an officer of the Department to be an inspector for the purposes of inspections relating to refunds and supplementary payments and the issue of an identity card to that person. The identity card is to contain a recent photograph of the inspector and is to state that the cardholder is an inspector for the purposes of Division 1 of Part VIIA of the Act. Similar provisions already exist in section 119A for the Managing Director of the AWC to appoint a Corporation officer as an inspector.
Regulation 43B amends section 119B of the Act by
(a) inserting a new subsection which provides that subject to subsection 119B(2) an inspector may enter any premises and exercise the powers set out in subsection 119B(3) to find out whether the requirements of the Act and the Guidelines relating to supplementary payments have been, or are being complied with. Subsection 119(2) provides that an inspector must not enter any premises or exercise any power under subsection 119B(1) unless consent is given or a warrant under section 119C obtained.
(b) , (c) inserting 'or supplementary payments document' in paragraphs 119B(3)(a) and (c) of the Act. The effect of this insertion is to enable an inspector who enters premises, to inspect any refund or supplementary payment document on the premises;
to take copies and make extracts from any such documents; and to require any person on the premises to make available any such document kept on the premises.
Currently, a penalty of $3000 applies under subsection 119B(4) to a person who, without reasonable excuse, fails to comply with a requirement made of any person on the premises to make available any refund or supplementary payments document.