Statutory Rules
1980 No. 172
REGULATIONS UNDER THE WOOL TAX ACT (No. 5) 19641
WHEREAS it is provided by sub-section 6 (3) of the Wool Tax Act (No. 5) 1964 that, before making regulations under that section prescribing a rate of tax, the Governor-General shall take into consideration any recommendations with respect to that rate made to the Minister by the Wool Council of Australia:
NOW THEREFORE I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and after taking into consideration the recommendations with respect to that rate of tax made to the Minister by the Wool Council of Australia, hereby make the following Regulations under the Wool Tax Act (No. 5) 1964.
Dated this eighteenth day of June 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
JOHN HOWARD
Treasurer
WOOL TAX (No. 5) REGULATIONS
Citation
1. These Regulations may be cited as the Wool Tax (No. 5) Regulations.
Interpretation
2. In these Regulations, “the Act” means the Wool Tax Act (No. 5) 1964.
Prescribed percentage
3. (1) For the purposes of paragraph 5 (1) (a) of the Act, 0.5 per cent is prescribed.
(2) For the purposes of paragraph 5 (1) (b) of the Act, 2.5 per cent is prescribed.
NOTE
1. Notified in the Commonwealth of Australia Gazette on 25 June 1980.
Overview
The Wool Tax (No. 5) Regulations 1980, under the Wool Tax Act (No. 5) 1964, were enacted to address the need for updated tax rates on wool, as prescribed by the legislation. This legislative instrument was developed to ensure that the rates of tax on wool exports align with the economic conditions and recommendations provided by the Wool Council of Australia. The enacting body, the Governor-General of the Commonwealth of Australia, made these regulations with advice from the Federal Executive Council, taking into account the recommendations from the Wool Council regarding the prescribed tax rates. The policy objective of these regulations is to facilitate the implementation of the tax rates specified in the Act, ensuring that the taxation system remains effective and responsive to industry feedback.
Scope and Application
The Wool Tax (No. 5) Regulations, made under the Wool Tax Act (No. 5) 1964, apply to the industry concerned with the production and sale of wool within the Commonwealth of Australia. These regulations specifically prescribe the percentage of tax to be applied to wool transactions, as mandated by the Act. The regulations are applicable to all persons and entities involved in the sale of wool, including woolgrowers, processors, and merchants, ensuring that the prescribed tax rates are uniformly enforced across the industry. The geographic scope of these regulations is limited to Australia, impacting all transactions within the country’s borders. There are no exclusions, exemptions, or thresholds specified within these regulations themselves, but any such provisions would typically be detailed in the primary Act or other subordinate instruments. The regulations were made after considering recommendations from the Wool Council of Australia, illustrating the collaborative approach in setting tax rates for the wool industry.
Key Provisions
The Wool Tax (No. 5) Regulations 1980, made under the authority of the Wool Tax Act (No. 5) 1964, establish specific tax rates that apply to the tax on wool. Section 3(1) prescribes a tax rate of 0.5 per cent for a particular category of wool, while section 3(2) sets a rate of 2.5 per cent for another category. These percentages directly relate to the tax obligations outlined in section 5(1)(a) and (b) of the Act. The Regulations aim to clarify and enforce the tax rates as recommended by the Wool Council of Australia and approved by the Minister.
Under these Regulations, parties or entities involved in the wool industry are required to comply with the specified tax rates. This includes wool growers, exporters, and any other stakeholders who must ensure that the appropriate tax is paid on wool transactions as dictated by the prescribed percentages. The obligation extends to the accurate calculation and payment of the tax based on the type of wool being dealt with, as defined in the Regulations. Failure to adhere to these tax rates can result in non-compliance with the Wool Tax Act and the subsequent Regulations.
In the event of non-compliance with the Wool Tax (No. 5) Regulations, the Act provides for certain consequences. Although the specific penalties are not detailed in the excerpt provided, the Wool Tax Act typically includes provisions for both civil and criminal penalties for breaches. These may include fines or other financial penalties for civil infractions and potential imprisonment for more serious breaches. The exact penalties would be determined by the courts and based on the severity and frequency of the non-compliance. It is crucial for all parties involved in the wool industry to be aware of these obligations and potential consequences to ensure compliance with the legislation.