Wool Research and Development Corporation Regulations (Amendment) 1991 No. 227
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 227
Issued by the Authority of the Minister of State for Primary Industries and Energy
PRIMARY INDUSTRIES AND ENERGY RESEARCH AND DEVELOPMENT ACT 1989
Wool Research and Development Corporation Regulations (Amendment).
Section 149 of the Primary Industries and Energy Development Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
The Regulations make amendments to the Wool Research and Development Corporation Regulations.
Section 30B(3) of the Act concerns the payment to the Research and Development Corporation of wool tax received by the Commonwealth. Section 147A enables transitional and consequential provisions to be made which arise from the repeal of the Wool Marketing Act 1987, the establishment of the Australian Wool Realisation Commission, and the establishment of the new Australian Wool Corporation. The regulations provide:
(a) a prescribed percentage of wool tax received by the Commonwealth may be paid to the Wool Research and Development Corporation; and
(b) transitional arrangements for the purposes of agreements or instruments relating to research and development, the 5 year research and development plan and the annual research and development program.
The details of the Regulations are as follows:
Clause 1 provides for the commencement of the Regulations on 1 July 1991.
Clause 2 provides for the amendment of the Wool Research and Development Corporation Regulations.
Clause 3 inserts two new definitions in Regulation 3.
Clause 4 provides for the omission of Regulation 6 and substitutes a new provision for the purposes of subsection 30B(3) of the Act. This provision provides the percentage of wool tax receipts which will be allocated to the Wool Research and Development Corporation.
Clause 5 provides for a new Regulation 7 to be inserted after Regulation 6. The Wool Research and Development Corporation is substituted as a party for the Wool Corporation in respect of any agreements or instruments relating to research and development to which the Wool Corporation was a party prior to the repeal of the Wool Marketing Act 1987.
Clause 6 provides for a new Regulation 8 to be inserted after Regulation 7, providing for the current 5 year research and development plan made by the Wool Research and Development Council to continue until changed or replaced by the Wool Research and Development Corporation.
Clause 7 provides for a new Regulation 9 to be inserted after Regulation 8, providing for the 1991-92 research and development program prepared by the Wool Research and Development Council to be treated as the 1991-92 program for the Wool Research and Development Corporation.
The Regulations commence retrospectively on 1 July 1991.
The wool tax is collected under the Wool Tax (Administration) Act 1964 and the intent is that part of that tax is to be apportioned to the Wool Research and Development Corporation by the Commonwealth. Under current legislation there is no provision for the Commonwealth to effect this apportionment, although apportionments to the Australian Wool Realisation Commission and the Australian Wool Corporation may occur. This situation has occurred due to an administrative oversight. This amendment regulation addresses that oversight and provides for transitional arrangements from the former organisation to the new Wool Research and Development Corporation.
Advice received from the Attorney-General's Department indicates that the retrospective effect of these amending regulations does not offend section 48(2) of the Acts Interpretation Act 1901 and they can be made.
Overview
The Wool Research and Development Corporation Regulations (Amendment) 1991 No. 227 was enacted to amend the existing Wool Research and Development Corporation Regulations, providing a legal framework for the allocation of a portion of wool tax collected by the Commonwealth to the Wool Research and Development Corporation. This amendment was necessitated by an administrative oversight that previously did not allow for such apportionment, despite the existence of provisions for similar apportionments to other wool-related entities such as the Australian Wool Realisation Commission and the Australian Wool Corporation. The regulations were made under the authority of the Minister of State for Primary Industries and Energy and are intended to address the gap in the legislative framework by providing for the necessary allocation of wool tax and establishing transitional arrangements in light of the repeal of the Wool Marketing Act 1987 and the establishment of new entities like the Australian Wool Corporation.
The policy objective of these regulations is to ensure that the Wool Research and Development Corporation receives its rightful share of wool tax, thereby supporting the ongoing research and development efforts in the wool industry. By amending the Wool Research and Development Corporation Regulations, these statutory rules provide for the apportionment of wool tax and set out transitional measures for existing research and development agreements, the five-year research and development plan, and the annual research and development program. These amendments aim to facilitate a smooth transition and maintain continuity in research and development activities within the wool industry.
Scope and Application
The Wool Research and Development Corporation Regulations (Amendment) 1991 No. 227 applies to the Wool Research and Development Corporation, as well as the Australian Wool Realisation Commission and the Australian Wool Corporation, following the repeal of the Wool Marketing Act 1987. The amendment pertains specifically to the allocation of wool tax receipts from the Commonwealth to the Wool Research and Development Corporation, rectifying an oversight in current legislation. The Regulations also address transitional arrangements from the former wool industry organisations to the new Corporation, including the continuation of existing research and development plans and programs. These Regulations have a national reach, extending across Australia, as they are made under the Primary Industries and Energy Research and Development Act 1989. The regulations do not specify any exclusions or thresholds but instead focus on ensuring that a prescribed percentage of wool tax is allocated to the Corporation and that the transitional arrangements are effectively managed to maintain continuity in research and development efforts within the wool industry. The application of these Regulations is further extended through subordinate instruments, ensuring that they cover all necessary aspects of the transition and tax allocation process.
Key Provisions
The Wool Research and Development Corporation Regulations (Amendment) 1991 No. 227 sets forth amendments to the existing Wool Research and Development Corporation Regulations, addressing certain administrative oversights and legislative changes. Under Section 149 of the Primary Industries and Energy Development Act 1989, the Governor-General has the authority to make regulations for the purposes of the Act. The key operative sections of these regulations involve the allocation of a prescribed percentage of wool tax received by the Commonwealth to the Wool Research and Development Corporation (Section 30B(3)) and transitional provisions arising from the repeal of the Wool Marketing Act 1987 and the establishment of the Australian Wool Realisation Commission and the Australian Wool Corporation (Section 147A). These provisions are intended to ensure that the Wool Research and Development Corporation receives its share of wool tax and that there are smooth transitional arrangements for ongoing research and development activities.
The obligations imposed by the regulations primarily concern the payment of wool tax to the Wool Research and Development Corporation and the transition of existing research and development agreements and plans from the former Wool Corporation to the new corporation. Specifically, Clause 4 outlines the percentage of wool tax that will be allocated to the Corporation, while Clause 5 ensures that the Wool Research and Development Corporation is substituted as a party in any agreements or instruments relating to research and development that the former Wool Corporation was a party to. Clause 6 and Clause 7 provide for the continuation of the current 5-year research and development plan and the treatment of the 1991-92 research and development program prepared by the Wool Research and Development Council as the 1991-92 program for the Wool Research and Development Corporation. These clauses are designed to ensure continuity in research and development efforts without disruption.
The regulations do not explicitly state any specific offences, penalties, or civil/criminal consequences for non-compliance. However, the importance of these amendments lies in ensuring the smooth functioning of the wool industry’s research and development framework, which is critical for the industry’s sustainability and growth. Non-compliance with the provisions of these regulations could potentially lead to legal challenges or disputes regarding the allocation of wool tax and the continuity of research and development activities. While the regulations themselves do not outline specific penalties, any failure to adhere to these provisions could be subject to the general legal consequences as per the Primary Industries and Energy Development Act 1989 and other relevant legislation.