Wool Services Privatisation (Wool Levy Poll) Amendment (Frequency of Recommendations) Regulation 2015

Administered by Department of Agriculture

Legislation au F2015L00296 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

SELECT LEGISLATIVE INSTRUMENT No. 19, 2015

 

Issued by Authority of the Minister for Agriculture

 

Wool Services Privatisation Act 2000

 

Wool Services Privatisation (Wool Levy Poll) Amendment (Frequency of Recommendations) Regulation 2015

 

 

Section 39 of the Wool Services Privatisation Act 2000 (the Act) provides that the

Governor-General may make regulations prescribing 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. In particular, regulations may be made for matters of a transitional or saving nature arising from the amendments or repeals made by the Act.

 

Section 32 of the Act provides that the declared research body for the wool industry must conduct a poll before it can make a recommendation in relation to rate-setting clauses. The poll determines the rate of the levy paid by wool growers for the following three year period. The conduct of the poll is governed by the Wool Services Privatisation (Wool Levy Poll) Regulations 2003 (the Regulations).

 

The Wool Services Privatisation (Wool Levy Poll) Amendment (Frequency of Recommendations) Regulation 2015 (the Regulation) amends the Regulations so that the timing of the recommendation, and therefore of the poll, is governed by the Regulations instead of by the Act.

 

The Regulation reduces red tape by allowing any future changes to the timing of the poll to occur through an amendment to the Regulations rather than the Act.

 

The Regulation removes the Note in Section 3 of the Regulations, and inserts a Section 18A into the Regulations to specify timing for when the research body must make a recommendation to the Minister for Agriculture based on the outcomes of the poll.

 

Timing for the poll was previously prescribed within subsections 32 (2) and (3) of the Act; with reference to note subsections 32 (2) and (3) of the Act specified in Note under Section 3 of the Regulations. Australian Wool Innovation (AWI) is the declared research body for the wool industry. Following extensive consultation with industry stakeholders, including AWI, a decision was made in December 2013 to remove the timing of the poll from the Act through the Rural Research and Development Legislation Amendment Act 2013.

 

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Regulation as it is of a machinery nature (ID:17077).

 

Amendment of the Regulations to include timing was delayed to enable wool industry representatives time to gauge support from levy payers for changing the timing of the poll from three to four or five years. This consultation was subsequently postponed and timing of the poll now remains unchanged at every three years.

 

Details of the Regulation are set out in Attachment A.

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulation is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

 

 


Attachment A

 

Details of the Wool Services Privatisation (Wool Levy Poll) Amendment (Frequency of Recommendations) Regulation 2015

 

 

Section 1 – Name of Regulation

 

This is the Wool Services Privatisation (Wool Levy Poll) Amendment (Frequency of Recommendations) Regulation 2015.

 

Section 2 – Commencement

 

This instrument commences on the day after it is registered.

 

Section 3 – Authority

 

This instrument is made under the Wool Services Privatisation Act 2000.

 

Schedule 1 – Amendments

 

This instrument amends the Wool Services Privatisation (Wool Levy Poll) Regulations 2003.

 

Item 1 – Regulation 3 (note)

Repeal the note

 

Item 2 – After regulation 18

  Insert:

 

18A When must research body make rate-setting recommendations

 

For subsection 32(3) of the Act, each recommendation must be made not later than 3 years after the previous recommendation made under that subsection.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Wool Services Privatisation (Wool Levy Poll) Amendment (Frequency of Recommendations) Regulation 2015

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of the amendment was to remove the reference to Note in Section 3 of the Wool Services Privatisation (Wool Levy Poll) Regulations 2003 (the Regulations) and to insert Section 18A into the Regulations to specify timing for when the research body must make a recommendation to the Minister for Agriculture based on the outcomes of the Wool Levy Poll.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

The Hon. Barnaby Joyce MP

Minister for Agriculture

 

 

Overview

The Wool Services Privatisation (Wool Levy Poll) Amendment (Frequency of Recommendations) Regulation 2015 was enacted to amend the Wool Services Privatisation (Wool Levy Poll) Regulations 2003 under the authority of the Wool Services Privatisation Act 2000. This amendment was introduced to streamline administrative processes by moving the governance of the timing for the Wool Levy Poll from the Act to the Regulations. The intent was to reduce red tape by allowing any future changes to the timing of the poll to be effected through an amendment to the Regulations, rather than requiring changes to the Act itself. The policy objective was to provide flexibility in the regulatory framework, facilitating easier adjustments to the poll frequency as needed, while ensuring that the declared research body, Australian Wool Innovation, could still effectively conduct the poll and make recommendations to the Minister for Agriculture based on the poll outcomes. This amendment was part of a broader effort to refine the legislative machinery in response to extensive consultation with industry stakeholders.

Scope and Application

The Wool Services Privatisation (Wool Levy Poll) Amendment (Frequency of Recommendations) Regulation 2015 applies to the declared research body for the wool industry, specifically Australian Wool Innovation (AWI), and concerns the frequency of rate-setting recommendations based on the outcomes of the Wool Levy Poll. This regulation is made under the authority of the Wool Services Privatisation Act 2000 and affects the conduct of the poll, which determines the rate of the levy paid by wool growers for the subsequent three-year period. By amending the Wool Services Privatisation (Wool Levy Poll) Regulations 2003, the Regulation allows for any future changes to the timing of the poll to be made through an amendment to the Regulations rather than the Act, thereby reducing red tape. The regulation specifies that each recommendation must be made not later than three years after the previous recommendation. This amendment ensures that the timing of the poll is governed by the Regulations, not the Act, and allows for more flexible and responsive adjustments without the need for legislative changes.

Key Provisions

The Wool Services Privatisation (Wool Levy Poll) Amendment (Frequency of Recommendations) Regulation 2015 (the Regulation) amends the existing Wool Services Privatisation (Wool Levy Poll) Regulations 2003 (the Regulations). Under Section 39 of the Wool Services Privatisation Act 2000 (the Act), the Governor-General can make regulations that are required or permitted by the Act, necessary or convenient to its operation. Here, the Regulation specifies the timing of recommendations by the declared research body, Australian Wool Innovation (AWI), for rate-setting clauses based on the results of the Wool Levy Poll. This amendment shifts the governance of the timing of the poll and subsequent recommendations from the Act to the Regulations, streamlining the process by reducing the need for legislative amendments to change the frequency of the poll. The Regulation imposes specific obligations on the research body, AWI, to conduct a poll and make recommendations within a defined timeframe. Section 18A of the amended Regulations mandates that AWI must make a recommendation to the Minister for Agriculture not later than three years after the previous recommendation. This requirement ensures a consistent and predictable cycle for rate-setting, which is crucial for the planning and budgeting processes of wool growers. Failure to comply with the provisions of the amended Regulations may result in civil or administrative consequences. However, the explanatory statement does not explicitly outline the specific penalties or consequences for non-compliance. Generally, under the Wool Services Privatisation Act 2000, non-compliance with regulatory requirements can lead to enforcement actions by the relevant authorities, potentially resulting in fines or other sanctions. The exact penalties would depend on the specific circumstances and the provisions of the primary Act and any associated regulations. The Regulation also ensures compatibility with human rights as declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is provided, indicating that the Legislative Instrument does not engage any of the applicable rights or freedoms, thereby affirming its alignment with human rights standards.

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