Wool Tax (No. 3) Amendment Act 1993
No. 68 of 1993
An Act to amend the Wool Tax Act (No. 3) 1964
[Assented to 12 November 1993]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Wool Tax (No. 3) Amendment Act 1993.
(2) In this Act, “Principal Act” means the Wool Tax Act (No. 3) 19641.
Commencement
2. This Act commences on the day on which the Australian Wool Research and Promotion Organisation Act 1993 commences.
Regulations
3. Section 6 of the Principal Act is amended by omitting subsection (5) and substituting the following subsection:
“(5) Before making regulations under this section prescribing a rate of tax that is to apply in relation to a financial year commencing on or after 1 July 1994, the Governor-General is required to take into consideration:
(a) in the case of regulations to prescribe a rate for the purposes of paragraph 5(1)(b):
(i) the percentage fixed by subsection 43(2) of the Wool International Act 1993; and
(ii) the recommendations that are the current recommendations applying to the financial year for the purposes of sections 49 and 50 of the Australian Wool Research and Promotion Organisation Act 1993; or
(b) in the case of regulations to prescribe a rate for the purposes of paragraph 5(2)(b), the recommendations that are the current recommendations applying to the financial year for the purposes of sections 49 and 50 of the Australian Wool Research and Promotion Organisation Act 1993.”.
NOTE
1. No. 27, 1964, as amended. For previous amendments, see No. 66, 1973; No. 68, 1974; No. 88, 1975; Nos. 37 and 74, 1976; No. 46, 1977; No. 74, 1978; No. 34, 1979; No. 53, 1980; No. 87, 1985; No. 48, 1987; Nos. 65 and 93, 1990; and No. 104, 1991.
[Minister’s second reading speech made in—
House of Representatives on 30 September 1993
Senate on 18 October 1993]
Overview
The Wool Tax (No. 3) Amendment Act 1993 was enacted by the Parliament of Australia to address the need for updating and aligning the regulatory framework governing the taxation of wool. The principal objective of this amendment was to ensure that the rates of wool tax are determined with consideration of relevant recommendations from the Australian Wool Research and Promotion Organisation Act 1993 and the Wool International Act 1993. This Act amended the Wool Tax Act (No. 3) 1964 to modify the process for setting the rates of tax, particularly by requiring the Governor-General to take into account specific recommendations before making regulations that prescribe the tax rates for financial years commencing on or after 1 July 1994.
Scope and Application
The Wool Tax (No. 3) Amendment Act 1993 serves to amend the Wool Tax Act (No. 3) 1964, and its application is primarily focused on the regulation of wool taxation in Australia. This Act applies to the industry involved in the production and sale of wool, impacting entities such as woolgrowers, wool brokers, and wool processors. The amendment specifically modifies the process for determining the rate of tax to be applied to wool, requiring the Governor-General to consider certain percentages and recommendations before making regulations under the principal Act. The amendment extends its jurisdictional reach across the Commonwealth of Australia and came into effect concurrently with the Australian Wool Research and Promotion Organisation Act 1993. The Act does not explicitly state exclusions or exemptions but implies that the revised regulatory considerations apply broadly within the wool industry. The scope of application may further be defined or restricted by subordinate instruments such as regulations or orders made under the principal Act.
Key Provisions
The Wool Tax (No. 3) Amendment Act 1993 primarily focuses on amending the Wool Tax Act (No. 3) 1964, with key changes introduced in Section 3. This section revises subsection (5) of Section 6 in the Principal Act, which relates to the process for setting the rate of tax for financial years beginning on or after 1 July 1994. The amendment requires the Governor-General to consider specific factors when making regulations to set the tax rate. These factors include the percentage fixed by a subsection in the Wool International Act 1993 and the recommendations applying to the financial year as stipulated in the Australian Wool Research and Promotion Organisation Act 1993.
The obligations under this Act are centred on ensuring that the tax rate for wool is set with due consideration of the specified factors. The Governor-General must take into account the percentage fixed by the Wool International Act 1993 and the recommendations from the Australian Wool Research and Promotion Organisation Act 1993. This requirement ensures that the tax rate is not only based on a fixed percentage but also aligned with broader recommendations pertinent to wool research and promotion. The intention is to foster a balanced approach to taxation that considers industry-wide needs and recommendations.
Failure to comply with the provisions of this Act may lead to civil or criminal consequences. Although the specific penalties are not detailed within the provided excerpt of the Act, it is typical for breaches of tax legislation to result in financial penalties, fines, or other legal repercussions. The exact nature and severity of these penalties would typically be outlined in the relevant tax legislation or related Acts. Ensuring adherence to these provisions is crucial for all parties involved in the wool industry to avoid any potential legal ramifications.