Statutory Rules 1992 No. 1151
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Wool Research and Development Corporation Regulations2 (Amendment)
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Primary Industries and Energy Research and Development Act 1989.
Dated 21 April 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
SIMON CREAN
Minister of State for Primary Industries and Energy
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1. Amendment
1.1 The Wool Research and Development Corporation Regulations are amended as set out in these Regulations.
[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48]
2. Regulation 6B (Notifying eligible levy payers of a general meeting
2.1 After subregulation 6B (1), insert:
“(1A) If:
(a) an eligible levy payer becomes a registered wool‑tax payer in the circumstances mentioned in subregulation 5DA (1) of the Australian Wool Corporation Regulations; and
(b) for that reason the Research Corporation cannot give to the eligible levy payer at least 28 days before the day on which an annual general meeting of the Research Corporation is to be held the notice and other documents specified in subregulation (1) in respect of that meeting;
the Research Corporation is taken to have complied with subregulation (1) if it gives the notice and other documents to the eligible levy payer at the earliest practicable time before the meeting.”.
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NOTES
1. Notified in the Commonwealth of Australia Gazette on 28 April 1992.
2. Statutory Rules 1991 No. 178 as amended by 1991 Nos. 227 and 471.
Overview
The Wool Research and Development Corporation Regulations (Amendment) Statutory Rules 1992 No. 1151 were enacted to address specific administrative gaps within the existing regulatory framework governing the Wool Research and Development Corporation, as established under the Primary Industries and Energy Research and Development Act 1989. These regulations were introduced to ensure that the Corporation could effectively communicate with its levy payers, particularly in situations where the timing of communications might be impacted by changes in the levy payer's registration status. The policy objective of these amendments is to streamline the notification process for annual general meetings, ensuring that levy payers receive necessary information in a timely manner even when circumstances, such as changes in registration, might otherwise delay the standard notification timeline. Enacted by the Governor-General of the Commonwealth of Australia, these regulations underscore the commitment to maintaining efficient and transparent governance within the Corporation.
Scope and Application
The Wool Research and Development Corporation Regulations, as amended by Statutory Rules 1992 No. 1151, apply to entities involved in the wool industry in Australia, specifically those liable to pay levies under the Primary Industries and Energy Research and Development Act 1989. These regulations primarily govern the processes related to the notification of annual general meetings to eligible levy payers, ensuring that all stakeholders within the wool industry are adequately informed about meetings of the Research Corporation. The amendments specifically address scenarios where an eligible levy payer becomes a registered wool-tax payer, adjusting the timeline for notification to ensure compliance with the regulations. The regulations have a nationwide reach within the Commonwealth of Australia and extend to any entity subject to the Primary Industries and Energy Research and Development Act 1989. The regulations do not explicitly outline exclusions or exemptions, but the provisions are designed to accommodate specific circumstances where levy payers transition to different regulatory categories. The application and enforcement of these regulations can be further detailed or modified through subordinate instruments as necessary.
Key Provisions
The main operative sections of the Wool Research and Development Corporation Regulations 2 (Amendment) Statutory Rules 1992 No. 1151 involve amendments to Regulation 6B. Specifically, Regulation 6B (Notifying eligible levy payers of a general meeting) is altered to accommodate a new condition (1A). This condition applies when an eligible levy payer becomes a registered wool-tax payer under subregulation 5DA (1) of the Australian Wool Corporation Regulations, and the Research Corporation cannot provide the required notice and documents at least 28 days before the annual general meeting. In such cases, the Research Corporation is deemed to have fulfilled its obligations if it provides the notice and documents at the earliest practicable time before the meeting.
The amended regulations impose several obligations on the Research Corporation. Primarily, they mandate that the Corporation must notify eligible levy payers of the annual general meeting, including providing them with the necessary documents. This obligation remains consistent even when the Corporation cannot meet the standard 28-day notice period due to the circumstances specified in subregulation (1A). The requirement to notify at the earliest practicable time ensures that levy payers are still informed and can participate in the meeting, maintaining transparency and compliance with the regulations.
There are no explicit offences, penalties, or civil/criminal consequences detailed in the provided text for breaches of these regulations. The focus of the amendment is on procedural adjustments to ensure continued compliance and notification in specific scenarios. Therefore, while adherence to the amended Regulation 6B is crucial for the Research Corporation, the specific consequences of non-compliance are not outlined in the provided legislative instrument. However, it is reasonable to infer that failure to comply with notification requirements could potentially lead to procedural or administrative issues, which might be addressed under the broader provisions of the Primary Industries and Energy Research and Development Act 1989 or other relevant legislation.