Wool Sales Deduction Legislation Repeal Act 1951

Legislation au C1951A00030 Not in force Act

Legislation content

WOOL SALES DEDUCTION LEGISLATION REPEAL.

 

No. 30 of 1951.

An Act to repeal the Wool Sales Deduction (Administration) Act 1950, the Wool Sales Deduction Act (No. 1) 1950 and the Wool Sales Deduction Act (No. 2) 1950, and for other purposes.

[Assented to 17th. November, 1951.]

BE it enacted by the Kings Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1. This Act may be cited as the Wool Sales Deduction Legislation Repeal Act 1951.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. Expressions used in this Act have the same meanings as those expressions had in the Wool Sales Deduction (Administration) Act 1950.

Repeal.

4. Subject to the next succeeding section, the Wool Sales Deduction (Administration) Act 1950, the Wool Sales Deduction Act (No. 1) 1950 and the Wool Sales Deduction Act (No. 2) 1950 are repealed.


Saving.

5. The Acts repealed by the last preceding section, and the regulations made under the Wool Sales Deduction (Administration) Act 1950, continue in force for all purposes in connexion with or arising out of the sale or other disposal, purchase or export of wool on. or before the thirtieth day of June, One thousand nine hundred and fifty-one.

Cessation of certain liabilities.

6. Subject to the next succeeding section, a person is not liable to make a payment to the Commissioner, under an Act repealed by this Act, in relation to wool sold or otherwise disposed of, purchased or exported after the thirtieth day of June, One thousand nine hundred and fifty-one.

Deductions held by brokers, &c., at commencement of Act.

7.—(1.) Where, before the date of commencement of this Act, a person has, in paying or accounting for the proceeds of the sale of wool sold by him on behalf of a producer after the thirtieth day of June, One thousand nine hundred and fifty-one, or in paying or accounting for the purchase price of wool purchased by him from a producer after that last-mentioned date, deducted or debited an amount by reason of the operation of section six of the Wool Sales Deduction (Administration) Act 1950 and has not, before the date of commencement of this Act, paid to the Commissioner, in relation to that sale or purchase, an amount equal to that amount, that person is (whether or not he has issued a wool deduction certificate in respect of the amount deducted or debited) liable to pay to the Commissioner an amount equal to that amount.

(2.) A person who is liable under this section to pay an amount to the Commissioner shall pay that amount to the Commissioner within fourteen days after the date of commencement of this Act.

Penalty: A fine not exceeding the amount payable to the Commissioner.

(3.) An amount payable to the Commissioner under this section may be sued for and recovered in a court of competent jurisdiction by the Commissioner suing in his official name.

(4.) In an action against a person for the recovery of such an amount, a certificate in writing signed by the Commissioner, certifying that the sum specified in the certificate was, at the date of the certificate, payable by that person to the Commissioner under this section is prima facie evidence-of the matters stated in the certificate.

(5.) A person who pays an amount to the Commissioner in pursuance of this section, or from whom the Commissioner recovers an amount payable in pursuance of this section, is, by force of this Act, discharged from his liability to pay to any other person, or account to any other person for, so much of the amount received by him for the wool concerned, or so much of the purchase price of the wool concerned, as the case may be, as is equal to that amount.


Refunds in respect of wool sold, &c., since 30th June, 1951.

8.—(1.) Where, before the commencement of this Act—

(a) a payment in relation to wool sold or otherwise disposed of, purchased or exported after the thirtieth day of June, One thousand nine hundred and fifty-one, has been made to the Commissioner under an Act repealed by this Act—

(i) by a producer; or

(ii) by a person who sold the wool on behalf of a producer or purchased it from a producer; or

(b) a person has, in paying or accounting to a producer, deducted or debited an amount in respect of which he is liable to make a payment to the Commissioner under sub-section (1.) of the last preceding section,

the Commissioner shall pay to that producer, by way of refund or reimbursement, an amount equal to the amount so paid, deducted or debited.

(2.) Where the producer has died, the payment under this section may be made to his legal personal representative.

Wool deduction certificates in respect of wool sold, &c., after 30th June, 1951.

9. Except as provided in the last preceding section, the Commissioner is not required to allow a credit or make a payment in respect of the amount of a wool deduction certificate delivered in relation to wool sold or otherwise disposed of, purchased or exported after the thirtieth day of June, One thousand nine hundred and fifty-one.

Appropriation.

10. Payments under section eight of this Act shall be made out of the Consolidated Revenue Fund, which is, to the necessary extent, hereby appropriated accordingly.

 

Overview

The Wool Sales Deduction Legislation Repeal Act 1951 was enacted to repeal the Wool Sales Deduction (Administration) Act 1950, the Wool Sales Deduction Act (No. 1) 1950 and the Wool Sales Deduction Act (No. 2) 1950, thus addressing the need to streamline and consolidate the existing legislative framework governing wool sales deductions. This Act was passed by the Australian Parliament, aiming to simplify the legislative process and ensure that all relevant legislation is coherent and up-to-date. The Act came into operation on the day of its Royal Assent, reflecting the urgency and importance of the legislative changes it proposed. The repealed Acts continued to apply to wool sales and other transactions occurring before 30 June 1951, while new liabilities for wool sales after this date were ceased. The Act also provided for the payment of any deductions held by brokers and other persons at the time of its commencement, and mandated refunds for any overpayments made to the Commissioner before the Act's commencement.

Scope and Application

The Wool Sales Deduction Legislation Repeal Act 1951 is a Commonwealth Act that repeals three specific Acts concerning wool sales deductions, namely the Wool Sales Deduction (Administration) Act 1950, the Wool Sales Deduction Act (No. 1) 1950, and the Wool Sales Deduction Act (No. 2) 1950. The Act applies to any person or entity involved in the sale, purchase, or export of wool, and its repeal takes effect from the date it receives Royal Assent. The geographic reach of the Act is national, applying across all jurisdictions within Australia. The Act includes provisions for certain transactions to remain governed by the repealed legislation until 30 June 1951, ensuring that liabilities and transactions occurring before this date are not affected. Post this date, individuals and entities are no longer liable to make payments to the Commissioner under the repealed Acts for wool transactions. The Act also provides for refunds or reimbursements to producers who made payments before the commencement of this Act and mandates that deductions held by brokers or other persons before the Act's commencement be paid to the Commissioner.

Key Provisions

The Wool Sales Deduction Legislation Repeal Act 1951 (section 1) serves to repeal existing legislation on wool sales deductions, namely the Wool Sales Deduction (Administration) Act 1950, the Wool Sales Deduction Act (No. 1) 1950, and the Wool Sales Deduction Act (No. 2) 1950. This repeal is effective as of the day the Act receives Royal Assent (section 2). The Act retains the meanings of certain terms as they were defined in the Wool Sales Deduction (Administration) Act 1950 (section 3). The repealed Acts and related regulations remain in effect for transactions occurring on or before 30 June 1951 (section 5), but liabilities to make payments to the Commissioner under these repealed Acts cease for transactions after that date (section 6). Entities and individuals who have deducted amounts for wool sales or purchases after 30 June 1951 but have not yet paid these amounts to the Commissioner must now remit these sums within 14 days of the Act's commencement (section 7). Failure to do so subjects the person to a penalty, a fine not exceeding the amount due (section 7(1)). The Commissioner is authorised to pursue legal action to recover these amounts, and a certificate from the Commissioner serves as prima facie evidence of the amount owed (section 7(3) and (4)). Once the amount is paid or recovered, the person is discharged from any further liability to another party for the same amount (section 7(5)). If a payment was already made to the Commissioner before the Act's commencement in relation to wool transactions post-30 June 1951, the Commissioner is required to refund this amount to the producer, or their legal personal representative if the producer has died (section 8). No credit or payment is required for wool deduction certificates issued in relation to wool sold, purchased, or exported after 30 June 1951, except as provided for in the refund provisions (section 9). The funds for these refunds are to be appropriated from the Consolidated Revenue Fund (section 10). The Act aims to ensure that financial obligations related to wool sales and purchases are appropriately managed and that any overpayments are rectified, while also streamlining the legislative framework by repealing the previous Acts.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.