{"id":"C1962A00099","name":"Wool Industry Act 1962","slug":"wool-industry-act-1962","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"99 of 1962","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":5077,"registerId":"commonwealth-C1962A00099-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Wool Industry Act 1962","content":"WOOL INDUSTRY.\n\nNo. 99 of 1962.\n\nAn Act relating to the Wool Industry.\n\n\\[Assented to 14th December, 1962.\\]\n\nBE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—\n\nPart I.—Preliminary.\n\nShort title.\n\n1. This Act may be cited as the Wool Industry Act 1962.\n\nCommencement.\n\n2. Parts I., II., V. and VI. of this Act shall come into operation on such date as is fixed by Proclamation and Parts III. and IV. of this Act shall come into operation on such later date as is, or on such later dates as respectively are, fixed by Proclamation.\n\nParts.\n\n3. This Act is divided into Parts, as follows:—\n\nPart I.—Preliminary (Sections 1-6).\n\nPart II.—The Australian Wool Board.\n\nDivision 1.—Preliminary (Section 7).\n\nDivision 2.—Establishment and Constitution of the Board (Sections 8-23).\n\nDivision 3.—Functions and Powers of the Board (Sections 24-26).\n\nDivision 4.—Staff of the Board (Sections 27-31).\n\nDivision 5.—Finances of the Board (Sections 32-37).\n\nPart\n\n  \nPart III.—Wool Testing.\n\nDivision 1.—Preliminary (Sections 38-39).\n\nDivision 2.—Establishment and Constitution of the Australian Wool Testing Authority (Sections 40-51).\n\nDivision 3.—Functions and Powers of the Australian Wool Testing Authority (Sections 52-55).\n\nDivision 4.—Miscellaneous (Sections 56-61).\n\nPart IV.—Wool Research (Sections 62-73).\n\nPart V.—Wool Stores (Sections 74-82).\n\nPart VI.—Miscellaneous (Sections 83-89).\n\nRepeal and transitional.\n\n4.—(1.) The following Acts are repealed:—\n\nWool Stores Act 1953;\n\nWool Use Promotion Act 1953;\n\nWool Use Promotion Act 1957;\n\nWool Use Promotion Act 1960.\n\n(2.) Upon the commencement of this Part—\n\n(a) all rights, property and assets that, immediately before the date of commencement of this Part, were vested in the Australian Wool Bureau, and all moneys and investments that, immediately before that date, constituted the Wool Use Promotion Fund, are, by force of this sub-section, vested in the Board; and\n\n(b) the Board becomes, by force of this sub-section, liable to pay and discharge all the debts, liabilities and obligations of the Australian Wool Bureau that existed immediately before that date.\n\n(3.) Any contract, agreement or other instrument subsisting immediately before the date of commencement of this Part to which the Australian Wool Bureau was a party has effect on and after that date as if—\n\n(a) the Board were substituted for the Bureau as a party to the contract, agreement or other instrument; and\n\n(b) any reference in the contract, agreement or other instrument to the Bureau were (except in relation to matters that occurred before that date) a reference to the Board.\n\n(4.) Notwithstanding the repeal effected by sub-section (1.) of this section, the Australian Wool Bureau, as constituted immediately before the commencement of this Part, shall, for the purpose of preparing and furnishing the report referred to in the next succeeding sub-section, continue in existence until it has furnished that report.\n\n(5.) The\n\n  \n\n(5.) The Australian Wool Bureau shall, as soon as practicable after the commencement of this Part, prepare and furnish to the Minister a report on the operation of the provisions of the Wool Use Promotion Act 1953-1960 relating to the Bureau during the period that commenced on the first day of July, One thousand nine hundred and sixty-two, and ended immediately before the commencement of this Part, and the Board shall provide the Bureau with such clerical and other assistance as is reasonably required by the Bureau to enable it to prepare the report.\n\nObjects of this Act.\n\n5.—(1.) The objects of this Act are—\n\n(a) to promote the export from Australia of wool and wool products;\n\n(b) to promote trade and commerce in wool and wool products among the States, between States and Territories and within the Territories;\n\n(c) to encourage the production, and the use, of wool and wool products in the Territories; and\n\n(d) to ensure the availability, when a state of war, or danger of war, exists, of wool stores for use for the purposes of the defence of the Commonwealth,\n\nand this Act shall be construed and administered accordingly.\n\n(2.) The Board, the Authority and any committee established by or under this Act shall not perform its functions or exercise its powers except for the purpose of achieving an object specified in the last preceding sub-section.\n\nDefinitions.\n\n6. In this Act, unless the contrary intention appears—\n\n“approved bank” means the Reserve Bank of Australia or another bank approved by the Treasurer for the purposes of the provision in which the expression occurs;\n\n“member of the staff of the Board” means an officer or employee of the Board, and includes a person who is in the employment of the Board by virtue of sub-section (1.) of section twenty-eight, or sub-section (1.) of section sixty-one, of this Act;\n\n“Territory” means a Territory of the Commonwealth forming part of the Commonwealth;\n\n“the Auditor-General” means the Auditor-General for the Commonwealth;\n\n“the Australian Wool Bureau” means the Australian Wool Bureau established by the Wool Use Promotion Act 1953;\n\n“the Australian Wool Industry Conference” or “the Conference” means the organization known as the Australian Wool Industry Conference which was formed on the twenty-fourth day of October, One thousand nine hundred and sixty-two;\n\n“the\n\n  \n\n“the Authority” means the Australian Wool Testing Authority established by this Act;\n\n“the Board” means the Australian Wool Board established by this Act;\n\n“the Wool Use Promotion Fund” means the Fund established under that name by the Wool Use Promotion Act 1953;\n\n“wool” means sheep’s wool, and includes lambs’ wool.\n\nPart II.—The Australian Wool Board.\n\nDivision I.—Preliminary.\n\nDefinitions.\n\n7. In this Part, unless the contrary intention appears—\n\n“member” means a member of the Board, and includes the Chairman;\n\n“the Chairman” means the Chairman of the Board;\n\n“the Deputy Chairman” means the Deputy Chairman of the Board.\n\nDivision 2.—Establishment and Constitution of the Board.\n\nEstablishment of the Board.\n\n8.—(1.) For the purposes of this Act, there shall be a Board by the name of the Australian Wool Board.\n\n(2.) The Board—\n\n(a) is a body corporate, with perpetual succession;\n\n(b) shall have a common seal;\n\n(c) is capable of acquiring, holding and disposing of real and personal property; and\n\n(d) may sue and be sued in its corporate name.\n\n(3.) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to a document and shall presume that it was duly affixed.\n\nMembership of the Board.\n\n9.—(1.) The Board shall consist of eleven members, namely:—\n\n(a) a Chairman;\n\n(b) six members to represent Australian woolgrowers;\n\n(c) one member to represent the Commonwealth; and\n\n(d) three other members.\n\n(2.) Each member shall be appointed by the Minister in accordance with this Part for the appropriate period specified in this Part.\n\n(3.) Subject to this Part, a member holds office for the period of his appointment, but is eligible for re-appointment.\n\n(4.) The performance of the functions or the exercise of the powers of the Board is not affected by reason only of there being a vacancy or vacancies in the membership of the Board.\n\n(5.) The\n\n  \n\n(5.) The appointment of a member is not invalidated and shall not be called in question by reason of a defect or irregularity in or in connexion with his nomination or appointment.\n\nThe Chairman.\n\n10.—(1.) The Chairman shall be appointed upon the nomination of the Board.\n\n(2.) The last preceding sub-section does not apply to the appointment of the first Chairman or an appointment to fill a vacancy in the office of Chairman that occurs before the expiration of the period of appointment of the first Chairman, but the Minister shall, before making any such appointment, consult with the Australian Wool Industry Conference with respect to the appointment.\n\n(3.) The Chairman shall, subject to section fourteen of this Act, be appointed for three years.\n\nMembers representing woolgrowers.\n\n11.—(1.) Each member to represent Australian woolgrowers shall be appointed upon the nomination of the Australian Wool Industry Conference.\n\n(2.) Of the six members to represent Australian woolgrowers first appointed—\n\n(a) two shall be nominated for appointment, and shall be appointed, for one year;\n\n(b) two shall be nominated for appointment, and shall be appointed, for two years; and\n\n(c) two shall be nominated for appointment, and shall be appointed, for three years.\n\n(3.) After the appointment of the six members to represent Australian woolgrowers first appointed, each subsequent appointment of a member to represent Australian woolgrowers shall, subject to section fourteen of this Act, be for three years.\n\nMember representing the Commonwealth.\n\n12. The member to represent the Commonwealth shall, subject to section fourteen of this Act, be appointed for three years.\n\nMembers referred to in section 9 (1.)(d).\n\n13.—(1.) This section applies to the members referred to in paragraph (d) of sub-section (1.) of section nine of this Act.\n\n(2.) The members to whom this section applies shall be appointed—\n\n(a) in the case of the appointment of the three such members first appointed—from amongst persons whose names are included in a list of names of not less than five qualified persons submitted to the Minister by the Australian Wool Industry Conference; and\n\n(b) in\n\n  \n\n(b) in the case of a subsequent appointment of such a member—from amongst persons whose names are included in a list of names of not less than two qualified persons so submitted.\n\n(3.) Where the Conference has submitted to the Minister a list of names for the purposes of the last preceding sub-section, the Minister may, if he thinks fit, request the Conference to submit to him the names of additional qualified persons for inclusion in the list.\n\n(4.) Of the three members to whom this section applies who are first appointed—\n\n(a) one shall be appointed for one year;\n\n(b) one shall be appointed for two years; and\n\n(c) one shall be appointed for three years.\n\n(5.) After the appointment of the three members to whom this section applies who are first appointed, each subsequent appointment of a member to whom this section applies shall, subject to the next succeeding section, be for three years.\n\n(6.) In this section, “qualified person” means a person who—\n\n(a) is experienced in the marketing of wool or wool products or the manufacture of wool products or is otherwise experienced (whether in relation to wool or not) in commercial or financial matters; or\n\n(b) is experienced in scientific, technical or economic research in connexion with the production or use of wool or wool products.\n\nAppointments to fill casual vacancies.\n\n14. If a member ceases to hold office before the expiration of the period of his appointment, another person may, in accordance with this Part, be appointed in his place for the remainder of that period.\n\nDeputy Chairman.\n\n15.—(1.) The Board shall appoint a member, other than the Chairman, to be Deputy Chairman of the Board.\n\n(2.) A member appointed as Deputy Chairman shall hold office as such until the appointment of another member as Deputy Chairman, until the expiration of the period of his appointment as a member or until he ceases to be a member, whichever first happens.\n\n(3.) Where a member appointed as Deputy Chairman is, upon ceasing to be Deputy Chairman by virtue of the expiration of the period of his appointment as a member, re-appointed as a member, he is eligible for re-appointment as Deputy Chairman.\n\n16.—(1.) If\n\n  \nActing Chairman.\n\n16.—(1.) If the Chairman is granted leave of absence under section nineteen of this Act or the office of Chairman is vacant, the Deputy Chairman shall, subject to the next succeeding sub\\-section, act as Chairman during the period of the absence or vacancy.\n\n(2.) The Board may appoint a member, other than the Chairman or the Deputy Chairman, to act as Chairman during any period when—\n\n(a) the Chairman is absent on leave of absence granted under section nineteen of this Act or the office of Chairman is vacant; and\n\n(b) the Deputy Chairman is absent on leave of absence granted under that section or the office of Deputy Chairman is vacant.\n\n(3.) The Deputy Chairman or a member appointed to act as Chairman under the last preceding sub-section has, when acting as Chairman, all the powers, functions and duties conferred by this Act on the Chairman.\n\nDeputies of members.\n\n17.—(1.) A member, other than the Chairman or the member representing the Commonwealth, may, with the approval of the Board, appoint a person, other than a member, to be his deputy, and may revoke any such appointment.\n\n(2.) The Minister may appoint a person, other than a member, to be the deputy of the member representing the Commonwealth and may revoke any such appointment.\n\n(3.) A deputy of a member is, in the event of the absence of that member from a meeting of the Board, entitled to attend that meeting and, when so attending, shall be deemed to be a member.\n\nRemuneration and allowances of members and deputies of members.\n\n18. Members and deputies of members shall be paid such remuneration and allowances as the Governor-General determines.\n\nLeave of absence.\n\n19. The Board may grant leave of absence to a member upon such terms and conditions as to remuneration or otherwise as the Board determines.\n\nRemoval of members.\n\n20.—(1.) The Minister may remove a member from office for inability or misbehaviour.\n\n(2.) If the Australian Wool Industry Conference requests the removal from office of a member representing Australian wool-growers, the Minister shall remove that member from office.\n\nResignation of member.\n\n21. A member may resign his office by writing under his hand delivered to the Minister.\n\n22.—(1.) If\n\n  \nVacation of office.\n\n22.—(1.) If a member—\n\n(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;\n\n(b) is absent, except on leave granted by the Board, from three consecutive meetings of the Board; or\n\n(c) fails to comply with his obligations under the next succeeding sub-section,\n\nthe Minister shall, by notice published in the Gazette, remove the member from office.\n\n(2.) A member who is directly or indirectly interested in a contract made or proposed to be made by the Board, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than twenty-five persons, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Board.\n\n(3.) A disclosure under the last preceding sub-section shall be recorded in the minutes of the Board, and the member—\n\n(a) shall not take part after the disclosure in any deliberation or decision of the Board with respect to the contract; and\n\n(b) shall be disregarded for the purpose of constituting a quorum of the Board for any such deliberation or decision.\n\n(4.) The preceding provisions of this section (other than paragraph (b) of sub-section (1.) ) apply to and in relation to a deputy of a member in like manner as they apply to and in relation to a member.\n\n(5.) If a member is appointed Chairman of the Board, he shall cease to be a member otherwise than as Chairman and, if the deputy of a member is appointed Chairman of the Board, he shall cease to be a deputy.\n\nMeetings of the Board.\n\n23.—(1.) Subject to this section, meetings of the Board shall be held at such times and places as the Board from time to time determines.\n\n(2.) The Chairman may at any time convene a meeting of the Board.\n\n(3.) In the event of—\n\n(a) the absence of the Chairman on leave of absence granted under section nineteen of this Act or of a vacancy in the office of Chairman; and\n\n(b) the\n\n  \n\n(b) the absence of the Deputy Chairman on leave of absence granted under that section or of a vacancy in the office of Deputy Chairman,\n\nanother member may convene a meeting of the Board for the purpose of appointing a member under sub-section (2.) of section sixteen of this Act to act as Chairman.\n\n(4.) The Chairman shall preside at all meetings of the Board at which he is present.\n\n(5.) In the event of the absence of the Chairman from a meeting of the Board, the Deputy Chairman shall preside at that meeting.\n\n(6.) In the event of the absence of both the Chairman and the Deputy Chairman from a meeting of the Board, the member, if any, acting as Chairman by virtue of sub-section (2.) of section sixteen of this Act shall preside at the meeting or, if there is no member so acting, the members present shall appoint one of their number to preside at the meeting.\n\n(7.) At a meeting of the Board, seven members constitute a quorum.\n\n(8.) A question arising at a meeting of the Board shall be decided by a majority of the votes of the members present and voting.\n\n(9.) At a meeting of the Board at which the Chairman presides, the Chairman does not have a deliberative vote but, in the event of an equality of votes, has a casting vote.\n\n(10.) At a meeting of the Board at which a member other than the Chairman presides, that member has a deliberative vote and, in the event of an equality of votes, also has a casting vote.\n\n(11.) Where at a meeting of the Board at which a person is to be—\n\n(a) nominated for appointment as Chairman; or\n\n(b) appointed as Deputy Chairman or to act as Chairman, there is more than one candidate for nomination or appointment, the Board shall hold an election for the purpose of determining which of the candidates is to be nominated or appointed, and voting at the election shall be by secret ballot.\n\nDivision 3—Functions and Powers of Board.\n\nFunctions and powers of the Board.\n\n24.—(1.) The functions of the Board are—\n\n(a) to promote the use of wool and wool products in Australia and other countries;\n\n(b) to inquire into, and from time to time report to the Australian Wool Industry Conference upon, methods of marketing wool and any other matters connected with the marketing of wool; and\n\n(c) such\n\n  \n\n(c) such other functions as are conferred on the Board by this Act or, being functions conducive to the achievement of an object of this Act, are approved by the Minister.\n\n(2.) The Board has power to do all things necessary or convenient to be done for or in connexion with, or as incidental to, the performance of its functions and, in particular, without limiting the generality of the foregoing, may—\n\n(a) appoint agents, either in Australia or elsewhere;\n\n(b) make arrangements conducive to the performance of its functions with persons, authorities or associations in Australia or elsewhere and, with the consent of the Minister, with a State; and\n\n(c) use such means as it thinks fit for the purpose of promoting the use of wool and wool products, including—\n\n(i) the use of publicity;\n\n(ii) the encouraging of research in connexion with the production or use of wool; and\n\n(iii) the encouraging of the improvement of production of wool in Australia.\n\nWool Marketing Committee and other committees.\n\n25.—(1.) As soon as practicable after the commencement of this Part, the Board shall establish a committee, to be known as the Wool Marketing Committee, to assist the Board in carrying out the functions of the Board referred to in paragraph (b) of sub-section (1.) of the last preceding section.\n\n(2.) The Board may establish such other committees under this section as the Board thinks fit to assist the Board in carrying out any other functions of the Board (other than the function referred to in section sixty-six of this Act), and may abolish any such committee.\n\n(3.) A committee shall consist of such persons (whether members of the Board or not) as the Board from time to time appoints, but the Board shall not remove a person from membership of a committee without his consent unless at least seven members of the Board concur in the removal.\n\n(4.) The Board may give to a committee such directions as it thinks fit, including directions—\n\n(a) as to the manner in which the committee is to carry out its functions; and\n\n(b) with respect to the procedure to be followed at or in relation to meetings of the committee, including directions with respect to—\n\n(i) the convening of meetings of the committee;\n\n(ii) the\n\n  \n\n(ii) the number of members of the committee to constitute a quorum;\n\n(iii) the appointment of a member of the committee to preside at meetings of the committee; and\n\n(iv) the manner in which questions arising at a meeting of the committee shall be decided.\n\n(5.) Members of a committee shall be paid, in respect of attendance at meetings of the committee or while engaged (whether in Australia or overseas), with the approval of the Board, on business of the committee, such remuneration and allowances as the Board, with the approval of the Minister, determines.\n\n(6.) In this section, “committee” means a committee established under this section.\n\nDelegation.\n\n26.—(1.) Subject to sub-section (4.) of this section, the Board may, either generally or otherwise as provided in the instrument of delegation, by writing under its common seal, delegate to a person, or to a committee established under the last preceding section, any of the powers of the Board under this Act, except this power of delegation.\n\n(2.) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.\n\n(3.) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Board.\n\n(4.) The Board shall not delegate any power of the Board in relation to the function referred to in paragraph (b) of sub-section (1.) of section twenty-four of this Act except to the Wool Marketing Committee established under the last preceding section.\n\nDivision 4.—Staff of the Board.\n\nOfficers and employees.\n\n27.—(1.) Subject to this Act, the Board may appoint such officers and engage such employees as it thinks necessary for the purposes of this Act.\n\n(2.) The terms and conditions of employment of persons so appointed or engaged are such as are determined by the Board.\n\n(3.) Salary is not payable to a person so appointed or engaged at a rate that exceeds Three thousand seven hundred and fifty pounds per annum unless the Minister has approved the payment of salary at that rate to that person and the other terms and conditions of employment applicable to him.\n\n(4.) The last preceding sub-section does not apply in relation to the salary of a person appointed as an officer, or engaged as an employee, of the Board in pursuance of sub-section (2.) of the next succeeding section, or in pursuance of sub-section (2.) of section sixty-one of this Act, if the rate of the salary does not exceed the rate of salary payable to the person immediately before he was so appointed or engaged.\n\n28.— A person\n\n  \nOfficers and employees of the Australian Wool Bureau.\n\n28.—(1.) A person who, immediately before the date of commencement of this Part, was employed by the Australian Wool Bureau shall, from and including that date, be, by force of this section, in the employment of the Board upon the same terms and conditions as were applicable to him under the Wool Use Promotion Act 1953-1960 immediately before that date until he is appointed as an officer, or engaged as an employee, of the Board or his employment under this sub-section ceases in accordance with those terms and conditions, whether by his resignation or otherwise.\n\n(2.) The Board shall, as soon as practicable after the commencement of this Part, appoint as an officer, or engage as an employee, of the Board under the last preceding section each person referred to in the last preceding sub-section whose employment under that sub-section has not ceased, and the terms and conditions of employment determined by the Board in relation to a person so appointed or engaged shall be not less favourable than the terms and conditions of employment applicable to him immediately before he is so appointed or engaged.\n\nRights of public servants employed under this Act.\n\n29.—(1.) Where a full-time member of the Board or an officer of the Board was, immediately before his appointment, an officer of the Public Service of the Commonwealth—\n\n(a) he retains his existing and accruing rights;\n\n(b) for the purpose of determining those rights, his service under this Act shall be taken into account as if it were service in the Public Service of the Commonwealth; and\n\n(c) the Officers’ Rights Declaration Act 1928-1959 applies as if this Act and this section had been specified in the Schedule to that Act.\n\n(2.) For the purposes of this section, a member shall not be deemed to be a full-time member of the Board unless the Minister, in the instrument by which he is appointed, certifies that it is intended that the whole of his time will be given to the duties of his office as a member of the Board.\n\nEmployees’ compensation.\n\n30. The Commonwealth Employees’ Compensation Act 1930\\-1959 applies to members of the staff of the Board as if they were employees within the meaning of that Act and as if references in that Act to the Commonwealth were references to the Board.\n\nSuperannuation Act\n\n31. If, within a period of three months after the date of commencement of this Part, the Board is specified by regulations made under the Superannuation Act 1922-1959 to be an approved authority for the purposes of that Act, the Board shall be deemed to have been an approved authority for the purposes of that Act during the period that commenced on that date and ended immediately before the date on which those regulations took effect.\n\nDivision\n\n  \nDivision 5.—Finances of the Board.\n\nPayments to the Board.\n\n32. There shall be paid to the Board, out of the Consolidated Revenue Fund, which is appropriated accordingly, amounts equal to the amounts of tax received by the Commissioner of Taxation by virtue of paragraph (a) of sub-section (1.) of section six of the Wool Tax Act (No. 1) 1957, or of that Act as amended, and by virtue of paragraph (a) of sub-section (1.) of section six of the Wool Tax Act (No. 2) 1957, or of that Act as amended, being amounts which are received by the Commissioner on or after the date of commencement of this Part or which were received by the Commissioner before that date and in respect of which amounts were not, before that date, paid into the Wool Use Promotion Fund.\n\nBorrowing.\n\n33.—(1.) The Board may, with the approval of the Treasurer, borrow moneys for temporary purposes on overdraft from an approved bank to enable the Board to perform the function of the Board referred to in sub-section (1.) of section fifty-six of this Act or to meet any expenses or liabilities referred to in sub-section (3.) of that section.\n\n(2.) The Board shall not borrow otherwise than in accordance with the last preceding sub-section.\n\nBank accounts.\n\n34.—(1.) The Board may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account.\n\n(2.) The Board shall pay all moneys received by it into an account referred to in this section.\n\nApplication of moneys by Board.\n\n35. The moneys of the Board may be applied—\n\n(a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Board in or in connexion with the performance of its functions or the exercise of its powers under this Act;\n\n(b) in payment of any remuneration and allowances, or reimbursement of expenses, payable under this Act to members and deputies of members of the Board or of the Authority and to members of committees established by the Board under section twenty-five of this Act;\n\n(c) in payment of remuneration and allowances of members of the staff of the Board;\n\n(d) in making such grants as the Board thinks fit to the Australian Wool Industry Conference in respect of expenses incurred by the Conference; and\n\n(e) in making any other payments that the Board is authorized or required to make under this Act,\n\nand not otherwise.\n\n36\\. Moneys\n\n  \nInvestment of moneys of the Board.\n\n36. Moneys of the Board not immediately required for the purposes of the Board may be invested—\n\n(a) in securities of or guaranteed by the Commonwealth or a State;\n\n(b) on fixed deposit with an approved bank; or\n\n(c) in such other manner as the Treasurer approves.\n\nProper accounts and records to be kept.\n\n37. The Board shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that all payments out of its moneys are properly authorized and correctly made and that adequate control is maintained over its assets and the incurring by it of liabilities.\n\nPart III.—Wool Testing.\n\nDivision 1.—Preliminary.\n\nDefinitions.\n\n38. In this Part, unless the contrary intention appears—“member” means a member of the Authority, and includes the Chairman;\n\n“the Chairman” means the Chairman of the Authority;\n\n“the previous Authority” means the Australian Wool Testing Authority established by the Australian Wool Testing Authority Act 1957;\n\n“wool products” includes goods made partly from wool.\n\nRepeal and transitional.\n\n39.—(1.) The Australian Wool Testing Authority Act 1957 is repealed.\n\n(2.) Upon the commencement of this Part—\n\n(a) all rights, property and assets that, immediately before the date of commencement of this Part, were vested in the previous Authority are, by force of this sub\\-section, vested in the Board; and\n\n(b) the Board becomes, by force of this sub-section, liable to pay and discharge all the debts, liabilities and obligations of the previous Authority that existed immediately before that date.\n\n(3.) Any contract, agreement or other instrument subsisting immediately before the date of commencement of this Part to which the previous Authority was a party has effect on and after that date as if—\n\n(a) the Board were substituted for the previous Authority as a party to the contract, agreement or other instrument; and\n\n(b) any\n\n  \n\n(b) any reference in the contract, agreement or other instrument to the previous Authority were (except in relation to matters that occurred before that date) a reference to the Board.\n\n(4.) Notwithstanding the repeal effected by sub-section (1.) of this section, the previous Authority, as constituted immediately before the commencement of this Part, shall, for the purpose of preparing and furnishing the report referred to in the next succeeding sub-section, continue in existence until it has furnished that report.\n\n(5.) The previous Authority shall, as soon as practicable after the commencement of this Part, prepare and furnish to the Minister a report of its operations during the period that commenced on the first day of July, One thousand nine hundred and sixty-two, and ended immediately before the commencement of this Part, together with financial statements in respect of that period, and the Board shall provide that Authority with such clerical and other assistance as is reasonably required by that Authority to enable it to prepare the report and statements.\n\n(6.) The provisions of sub-sections (2.) and (3.) of section thirty-five of the Australian Wool Testing Authority Act 1957 apply to and in relation to the report and financial statements referred to in the last preceding sub-section as if that section had continued in force and as if the reference in paragraph (c) of sub-section (2.) of that section to “the year” were a reference to the period mentioned in the last preceding sub-section.\n\nDivision 2.—Establishment and Constitution of the Australian Wool Testing Authority.\n\nEstablishment of Authority.\n\n40.—(1.) For the purposes of this Part, there shall be an authority by the name of the Australian Wool Testing Authority.\n\n(2.) The Authority—\n\n(a) is a body corporate, with perpetual succession;\n\n(b) shall have a common seal; and\n\n(c) may sue and be sued in its corporate name.\n\n(3.) The Authority has no power to acquire or hold real or personal property except moneys that become payable to it.\n\n(4.) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to a document and shall presume that it was duly affixed.\n\nMembership of the Authority.\n\n41.—(1.) The Authority shall consist of eight members, who shall be appointed by the Board and shall be—\n\n(a) a person who is a member of the Board;\n\n(b) a person\n\n  \n\n(b) a. person nominated by the organization known as the Australian Council of Wool Buyers;\n\n(c) a person nominated by the organization known as the National Council of Wool Selling Brokers of Australia;\n\n(d) a person nominated by the organization known as the Wool Scourers, Carbonizers and Fellmongers’ Federation of Australia;\n\n(e) a person nominated by the organization known as the Wool Textile Manufacturers of Australia;\n\n(f) a person nominated by the Commonwealth Scientific and Industrial Research Organization; and\n\n(g) two persons who, at the time of appointment to the Authority, are not directly connected with the Australian wool industry.\n\n(2.) Subject to the next succeeding section, a member shall be appointed for three years.\n\n(3.) Subject to this Part, a member holds office for the period of his appointment, but is eligible for re-appointment.\n\n(4.) The performance of the functions or the exercise of the powers of the Authority is not affected by reason only of there being a vacancy or vacancies in the membership of the Authority.\n\n(5.) The appointment of a member is not invalidated and shall not be called in question by reason of a defect or irregularity in or in connexion with his nomination or appointment.\n\nAppointments to fill casual vacancies.\n\n42. If a member ceases to hold office before the expiration of the period of his appointment, another person may, in accordance with the last preceding section, be appointed in his place for the remainder of that period.\n\nChairman.\n\n43.—(1.) The Authority shall appoint a member to be Chairman of the Authority.\n\n(2.) A member appointed as Chairman shall hold office as such until the appointment of another member as Chairman, until the expiration of the period of his appointment as a member or until he ceases to be a member, whichever first happens.\n\n(3.) Where a member appointed as Chairman is, upon ceasing to be Chairman by virtue of the expiration of the period of his appointment as a member, re-appointed as a member, he is eligible for re-appointment as Chairman.\n\nActing Chairman.\n\n44. If the Chairman is granted leave of absence under section forty-seven of this Act, the Authority may appoint a member to act as Chairman during the period of the absence and a member so appointed has, when acting as Chairman, all the powers, functions and duties conferred by this Part on the Chairman.\n\n45.—(1.) A member\n\n  \nDeputies of members.\n\n45.—(1.) A member may, with the approval of the Authority, appoint a person, other than a member, to be his deputy, and may revoke any such appointment.\n\n(2.) A deputy of a member is, in the event of the absence of that member from a meeting of the Authority, entitled to attend that meeting and, when so attending, shall be deemed to be a member.\n\nRemuneration and allowances of members and deputies of members of the Authority.\n\n46. Members and deputies of members shall be paid, in respect of attendance at meetings of the Authority or while engaged (whether in Australia or overseas), with the approval of the Authority, on business of the Authority, such remuneration and allowances as the Board, with the approval of the Minister, determines.\n\nLeave of absence.\n\n47. The Board may grant leave of absence to a member of the Authority on such terms and conditions as to remuneration or otherwise as the Board determines.\n\nDismissal of members.\n\n48.—(1.) The Board may terminate the appointment of a member for inability or misbehaviour.\n\n(2.) The Board shall terminate the appointment of a member who was appointed upon the nomination of an organization if the organization so requests.\n\n(3.) If the member referred to in paragraph (a) of sub-section (1.) of section forty-one of this Act ceases to be a member of the Board, the Board shall terminate his appointment.\n\nResignation.\n\n49. A member of the Authority may resign his office by writing under his hand delivered to the Chairman of the Board or, if the Deputy Chairman or another member of the Board is acting as Chairman of the Board, to the person so acting.\n\nVacation of office.\n\n50.—(1.) If a member—\n\n(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;\n\n(b) is absent, except on leave granted by the Board, from three consecutive meetings of the Authority; or\n\n(c) fails to comply with his obligations under the next succeeding sub-section,\n\nthe Board shall terminate the appointment of the member.\n\n(2.) A member\n\n  \n\n(2.) A member who is directly or indirectly interested in a contract made or proposed to be made by the Authority, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than twenty-five persons, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Authority.\n\n(3.) A disclosure under the last preceding sub-section shall be recorded in the minutes of the Authority, and the member—\n\n(a) shall not take part after the disclosure in any deliberation or decision of the Authority with respect to the contract; and\n\n(b) shall be disregarded for the purpose of constituting a quorum of the Authority for any such deliberation or decision.\n\n(4.) Sub-section (2.) of this section does not apply in relation to a contract for the use of the services of the Authority in the ordinary course of its business and upon usual terms and conditions.\n\n(5.) The provisions of this section (other than paragraph (b) of sub-section (1.) ) apply to and in relation to a deputy of a member in like manner as they apply to and in relation to a member.\n\nMeetings of the Authority.\n\n51.—(1.) Subject to this section, meetings of the Authority shall be held at such times and places as the Authority from time to time determines.\n\n(2.) The Chairman may at any time convene a meeting of the Authority.\n\n(3.) In the event of the absence of the Chairman on leave of absence granted under section forty-seven of this Act or of a vacancy in the office of Chairman, another member may convene a meeting of the Authority for the purpose of—\n\n(a) appointing a member under section forty-four of this Act to act as Chairman; or\n\n(b) appointing a member under sub-section (1.) of section forty-three of this Act to be Chairman,\n\nas the case requires.\n\n(4.) The Chairman shall preside at all meetings of the Authority at which he is present.\n\n(5.) In the event of the absence of the Chairman from a meeting of the Authority, the member, if any, acting as Chairman by virtue of section forty-four of this Act shall preside at the meeting or, if there is no member so acting, the members present shall appoint one of their number to preside at the meeting.\n\n(6.) At\n\n  \n\n(6.) At a meeting of the Authority, five members constitute a quorum.\n\n(7.) A question arising at a meeting of the Authority shall be decided by a majority of votes of the members present and voting.\n\n(8.) The Chairman or other member presiding at a meeting of the Authority has a deliberative vote and, in the event of an equality of votes, also has a casting vote.\n\nDivision 3.—Functions and Powers of the Authority.\n\nFunctions of the Authority.\n\n52. The functions of the Authority are—\n\n(a) to carry out tests, by means of facilities provided, and equipment and materials supplied, by the Board, of wool and wool products; and\n\n(b) to issue certificates and make reports in respect of tests carried out by the Authority.\n\nPowers of the Authority.\n\n53.—(1.) The Authority has power to do all things necessary or convenient to be done for or in connexion with, or as incidental to, the performance of its functions and, in particular, without limiting the generality of the foregoing, has power—\n\n(a) to enter into agreements to carry out tests with persons desiring the tests;\n\n(b) to advertise its services; and\n\n(c) to charge for its services such fees as it determines.\n\n(2.) Subject to section fifty-five of this Act, the Authority shall exercise its powers in accordance with any directions given to it by the Board.\n\nDelegation.\n\n54.—(1.) The Authority may, either generally or otherwise as provided in the instrument of delegation, by writing under its common seal, delegate to a member of the Authority or to an officer of the Board whose services are made available to the Authority any of its powers under this Part, except this power of delegation.\n\n(2.) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.\n\n(3.) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Authority.\n\nCarrying out of tests and issue of certificates.\n\n55.—(1.) Tests by the Authority shall be carried out in such manner, and on the basis of such standards, as the Authority, in its discretion, determines, but, in determining standards, the Authority shall have regard to any standards that receive international recognition.\n\n(2.) Certificates issued by the Authority in respect of tests shall be in accordance with such form as the Authority, in its discretion, determines, and shall be sealed with a seal of the Authority authorized by the Authority to be used for that purpose.\n\nDivision\n\n  \nDivision 4.—Miscellaneous.\n\nProvision by the Board to the Authority of facilities, staff, &c.\n\n56.—(1.) It is a function of the Board to establish and maintain facilities in Australia, and to supply equipment and materials, for use by the Authority in performing the functions of the Authority.\n\n(2.) The Board shall make available to the Authority such members of the staff of the Board as the Chairman of the Board, after consultation with the Chairman of the Authority, considers necessary for the purpose of enabling the Authority to perform its functions under this Part.\n\n(3.) Any expenses or liabilities incurred by the Authority in the performance of its functions or the exercise of its powers shall be met by the Board and any moneys received by the Authority shall be paid to the Board.\n\nCertificates to be evidence.\n\n57.—(1.) A certificate sealed with a seal of the Authority in accordance with sub-section (2.) of section fifty-five of this Act in respect of a test carried out by the Authority, or a document sealed with such a seal and purporting to be a copy of such a certificate, is evidence of the matters stated in the certificate in relation to the test and that the results of the test as shown in the certificate are correct.\n\n(2.) All courts, judges and persons acting judicially shall take judicial notice of a seal referred to in sub-section (2.) of section fifty-five of this Act affixed to a document and shall presume that it was duly affixed.\n\nAuthority not to discriminate.\n\n58. The Authority shall not, without reasonable cause, refuse to make its services available to a person.\n\nLimitation of liability.\n\n59.—(1.) The Authority is not subject to any liability in respect of—\n\n(a) any certificate issued, or report made, by the Authority; or\n\n(b) any articles deposited with the Authority for testing.\n\n(2.) The last preceding sub-section does not affect any liability of the Authority arising out of negligence or misconduct.\n\nProper accounts and records to be kept.\n\n60. The Authority shall keep proper accounts and records of its transactions and affairs and shall do all things necessary to ensure that adequate control is maintained over the incurring by it of liabilities.\n\nOfficers and employees of the previous Authority.\n\n61.—(1.) A person who, immediately before the date of commencement of this Part, was an officer, or a temporary or casual employee, of the previous Authority, shall, from and including that date, be, by force of this section, in the employment of the Board upon the same terms and conditions as were applicable to him under the Australian Wool Testing Authority Act\n\n1957\n\n  \n1957 immediately before that date until he is appointed as an officer, or engaged as an employee, of the Board or his employment under this sub-section ceases in accordance with those terms and conditions, whether by his resignation or otherwise.\n\n(2.) The Board shall, as soon as practicable after the commencement of this Part, appoint as an officer, or engage as an employee, of the Board under section twenty-seven of this Act, each person referred to in the last preceding sub-section whose employment under that sub-section has not ceased, and the terms and conditions of employment determined by the Board in relation to a person so appointed or engaged shall be not less favourable than the terms and conditions of employment applicable to him immediately before he is so appointed or engaged.\n\nPart IV.—Wool Research.\n\nDefinitions.\n\n62. In this Part—\n\n“the Fund” means the Wool Research Trust Fund referred to in section sixty-four of this Act;\n\n“wool products” includes goods made partly from wool;\n\n“wool research advisory committee” means a committee established by or under section seventy of this Act.\n\nRepeal and transitional.\n\n63.—(1.) The Wool Research Act 1957 and the Wool Research Act 1960 are repealed.\n\n(2.) Where, before the date of commencement of this Part, approval was given under section eight of the Wool Research Act 1957-1960 for the payment of an amount out of moneys standing to the credit of the Fund referred to in sub-section (1.) of the next succeeding section and the whole or any part of that amount had not, before that date, been paid out of the Fund, the approval shall, for the purposes of this Part, be deemed to have been given under section sixty-seven of this Act.\n\n(3.) The Minister shall, as soon as practicable after the commencement of this Part, prepare and cause to be laid before each House of the Parliament a report on the operation of the Wool Research Act 1957-1960 during the period that commenced on the first day of July, One thousand nine hundred and sixty-two, and ended on the day immediately preceding the commencement of this Part.\n\nWool Research Trust Fund.\n\n64.—(1.) The Fund established by the Wool Research Act 1957 under the name of the Wool Research Trust Fund is continued in existence under that name.\n\n(2.) The\n\n  \n\n(2.) The Fund shall continue to be a Trust Account for the purposes of section sixty-two a of the Audit Act 1901-1962.\n\n(3.) A reference in a law of the Commonwealth, other than in this Act, to the Wool Research Trust Fund established by the Wool Research Act 1957 shall be read as if it were a reference to that Fund as continued in existence by this section.\n\nPayments to the Fund.\n\n65.—(1.) There shall be paid into the Fund—\n\n(a) amounts equal to three times the amounts of tax received by the Commissioner of Taxation by virtue of paragraph (b) of sub-section (1.) of section six of the Wool Tax Act (No. 1) 1957, or of that Act as amended, and by virtue of paragraph (b) of sub-section (1.) of section six of the Wool Tax Act (No. 2) 1957, or of that Act as amended, being amounts which are received by the Commissioner on or after the date of commencement of this Part or which were received by the Commissioner before that date and in respect of which amounts were not paid into the Fund before that date;\n\n(b) moneys paid by any person to the Commonwealth for the purposes of the Fund;\n\n(c) moneys received by the Commonwealth from the sale of any land or goods bought or produced, or in respect of any work paid for, out of moneys paid out of the Fund; and\n\n(d) interest from the investment of moneys standing to the credit of the Fund.\n\n(2.) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of any payment referred to in the last preceding sub-section.\n\nBoard to make recommendations with respect to research expenditure.\n\n66. It is a function of the Board to make recommendations to the Minister with respect to expenditure, for a purpose referred to in paragraph (a) of sub-section (1.) of the next succeeding section, of moneys standing to the credit of the Fund.\n\nApplication of the Fund.\n\n67.—(1.) Subject to the next succeeding sub-section, amounts standing to the credit of the Fund may, with the approval of the Minister, be expended—\n\n(a) for the following purposes:—\n\n(i) scientific, technical and economic research in connexion with the production or use of wool or wool products;\n\n(ii) the application of the results of any such research;\n\n(iii) the\n\n  \n\n(iii) the training of persons in connexion with the wool industry;\n\n(iv) the dissemination of information and advice relating to scientific, technical and economic matters in connexion with the wool industry;\n\n(v) the publication of reports, periodicals, books and papers in connexion with any research referred to in sub-paragraph (i) of this paragraph; and\n\n(vi) any purpose incidental to a purpose referred to in this paragraph;\n\n(b) in payment of any remuneration and allowances, or reimbursement of expenses, payable under this Act to members of wool research advisory committees; and\n\n(c) in the reimbursement of the expenses incurred by the Board in or in connexion with the performance by the Board of the function of the Board referred to in the last preceding section,\n\nand not otherwise.\n\n(2.) The Minister shall not exercise his power to approve the expenditure, for a purpose referred to in paragraph (a) of the last preceding sub-section, of moneys standing to the credit of the Fund except in accordance with recommendations of the Board.\n\nInvestment of moneys in the Fund.\n\n68.—(1.) Moneys standing to the credit of the Fund may be invested by the Treasurer—\n\n(a) in securities of or guaranteed by the Commonwealth or a State; or\n\n(b) on deposit with a bank.\n\n(2.) The Board may make recommendations to the Treasurer with respect to the investment, in accordance with the last preceding sub-section, of moneys standing to the credit of the Fund.\n\nAgreements.\n\n69. The Minister, or an officer of the Public Service of the Commonwealth authorized by the Minister to act under this section, may, on behalf of the Commonwealth, enter into agreements for the purposes of, or in connexion with, any research or other matter or thing to be done or performed with moneys provided in whole or in part out of the Fund.\n\nEstablishment of wool research advisory committees.\n\n70.—(1.) For the purposes of this Part, there shall be—\n\n(a) a Wool Production Research Advisory Committee; and\n\n(b) a Wool Textile Research Advisory Committee.\n\n(2). A committee\n\n  \n\n(2.) A committee referred to in the last preceding sub-section shall consist of—\n\n(a) a person appointed by the Board upon the nomination of the Minister;\n\n(b) a person appointed by the Board upon the nomination of the Commonwealth Scientific and Industrial Research Organization; and\n\n(c) such other persons as the Board, after consulting with the Minister, appoints.\n\n(3.) The Board may, for the purposes of this Part, establish such other wool research advisory committees as the Board thinks fit and may abolish any such committee.\n\n(4.) A committee established under the last preceding sub\\-section shall consist of—\n\n(a) a person appointed by the Board upon the nomination of the Minister; and\n\n(b) such other persons as the Board, after consulting with the Minister, appoints.\n\n(5.) The member of a wool research advisory committee appointed upon the nomination of the Minister shall be the Chairman of the committee.\n\n(6.) Subject to the next succeeding sub-section, the members of a wool research advisory committee hold office during the pleasure of the Board.\n\n(7.) The Board shall terminate the appointment of a member of a wool research advisory committee who was appointed upon the nomination of the Minister or of the Commonwealth Scientific and Industrial Research Organization if the Minister or that Organization, as the case may be, so requests, but shall not otherwise terminate the appointment of such a member.\n\nFunctions of wool research advisory committees.\n\n71. The function of a wool research advisory committee is to assist the Board in carrying out the function of the Board referred to in section sixty-six of this Act by advising the Board in relation to—\n\n(a) in the case of the Wool Production Research Advisory Committee—scientific and technical research (including biological research) in connexion with the production of wool;\n\n(b) in the case of the Wool Textile Research Advisory Committee—scientific and technical research in connexion with the production or use of wool products; and\n\n(c) in\n\n  \n(c) in the case of any other wool research advisory committee—such matters as the Board directs.\n\nMeetings of wool research advisory committees.\n\n72.—(1.) The Chairman of a wool research advisory committee shall convene such meetings of the committee as he considers necessary for the proper performance of the function of the committee.\n\n(2.) The Chairman of the Board may convene a meeting of a wool research advisory committee.\n\n(3.) At a meeting of a wool research advisory committee—\n\n(a) a majority of the members of the committee, being a majority that includes the Chairman of the committee, constitutes a quorum;\n\n(b) the Chairman of the committee shall preside;\n\n(c) all questions shall be decided by a majority of votes of the members of the committee present and voting; and\n\n(d) the Chairman of the committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.\n\nRemuneration and allowances of members of wool research advisory committees.\n\n73. Members of a wool research advisory committee shall be paid, in respect of attendance at meetings of the committee or while engaged (whether in Australia or overseas), with the approval of the Board, on business of the committee, such remuneration and allowances as the Board, with the approval of the Minister, determines.\n\nPart V.—Wool Stores.\n\nApplication of Part.\n\n74. This Part applies to land and buildings—\n\n(a) property or rights in or in respect of which were, immediately before the commencement of this Part, vested in the Australian Wool Bureau by virtue of the Wool Stores Act 1953 and are vested in the Board by sub-section (2.) of section four of this Act; or\n\n(b) in or in respect of which the Board has property or rights by reason of the exercise of its powers under section seventy-eight of this Act.\n\nBoard to manage and control wool stores.\n\n75. It is a function of the Board to manage, control and maintain land and buildings to which this Part applies.\n\nRestrictions on transfer, &c.\n\n76.—(1.) Except as provided by the next succeeding sub\\-section, the Board shall not, without the approval in writing of\n\nthe\n\n  \nthe Minister, dispose of or charge, in whole or in part, the property or rights of the Board in or in respect of any land or building to which this Part applies.\n\n(2.) The approval of the Minister is not required to the grant by the Board of—\n\n(a) a periodic tenancy or lease of which the recurrent period does not exceed such period as is from time to time fixed by the Minister; or\n\n(b) a tenancy or lease, other than a periodic tenancy or lease, for a term which, together with the period (if any) for which the tenant or lessee is entitled to renew the tenancy or lease, does not exceed such period as is from time to time fixed by the Minister.\n\nCommonwealth may re-acquire wool stores in event of war, &c.\n\n77.—(1.) Where—\n\n(a) a state of war exists or, in the opinion of the Minister, danger of war exists; and\n\n(b) the Commonwealth requires any land or building to which this Part applies for defence purposes,\n\nthe Minister may, by notice published in the Gazette, direct that the property, rights and liabilities of the Board in and in respect of the land or building shall be vested in and imposed on the Commonwealth and, upon the publication of the notice—\n\n(c) the property, rights and liabilities of the Board become vested in and imposed on the Commonwealth; and\n\n(d) a person holding property or rights under the Board in relation to that land or building shall be deemed to hold the same property or rights under the Commonwealth.\n\n(2.) Where a notice has been published under the last preceding sub-section in relation to any land or building, a reference to the Board or to the Australian Wool Bureau in a contract, agreement or instrument to which the Board was a party, being a contract, agreement or instrument that—\n\n(a) is subsisting at the date of publication of the notice; and\n\n(b) relates to that land or building,\n\nshall, in relation to matters arising on or after the date of publication of the notice, be read as a reference to the Commonwealth.\n\n(3.) Compensation is not payable to the Board in respect of the acquisition of property or rights of the Board in pursuance of this section.\n\n78\\. The\n\n  \nAcquisition by Board of further property and rights in wool stores.\n\n78. The Board may, with the approval in writing of the Minister—\n\n(a) acquire, by agreement, further property or rights in or in respect of any land or building to which this Part applies;\n\n(b) acquire, by agreement, property or rights in or in respect of a building suitable for use as, or in connexion with, a wool store and in or in respect of land upon which the building is erected or which is used in connexion with the building;\n\n(c) acquire, by agreement, property or rights in or in respect of land for the purpose of erecting on the land a building suitable for use as, or in connexion with, a wool store; and\n\n(d) erect a building suitable for use as, or in connexion with, a wool store on land in or in respect of which the Board has property or rights.\n\nPowers of Board in relation to buildings.\n\n79.—(1.) Subject to the next succeeding sub-section and to the obligations and liabilities of the Board under a lease, licence or other agreement, the powers of the Board in relation to the function of the Board referred to in section seventy-five of this Act extend to—\n\n(a) effecting improvements to buildings; and\n\n(b) removing or demolishing buildings.\n\n(2.) The power of the Board to remove or demolish a building shall not be exercised except with the consent in writing of the Minister.\n\nInsurance, and keeping in repair, of wool stores.\n\n80.—(1.) The Board shall, to the satisfaction of the Minister, insure and keep insured its property and rights in and in respect of a building to which this Part applies.\n\n(2.) The Board shall keep the buildings to which this Part applies in a state of repair that is satisfactory to the Minister.\n\nBoard to keep separate accounts in relation to wool stores.\n\n81. The Board shall keep separate accounts of its transactions and affairs in relation to land and buildings to which this Part applies.\n\nCompensation in certain cases.\n\n82.—(1.) Where—\n\n(a) sub-section (2.) of section four of this Act operates to vest in the Board property or rights which were, immediately before the commencement of this Part, vested in the Australian Wool Bureau by virtue of the Wool Stores Act 1953; or\n\n(b) section\n\n  \n\n(b) section seventy-seven of this Act operates to vest in the Commonwealth property or rights which were vested in the Board,\n\nbeing property or rights which the Bureau or the Board, as the case may be, could not have transferred or assigned without the approval or consent of some person, and that person suffers loss by reason of that vesting, that person is entitled to be paid by the Commonwealth such compensation as is determined by agreement between the Commonwealth and that person or, in the absence of agreement, by action brought by that person against the Commonwealth in a court of competent jurisdiction.\n\n(2.) The Board shall reimburse the Commonwealth amounts paid by the Commonwealth by way of compensation under this section (including amounts paid in respect of costs) in relation to property or rights referred to in paragraph (a) of the last preceding sub-section.\n\nPart VI.—Miscellaneous.\n\nAudit\n\n83.—(1.) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Board and of the Authority, and shall forthwith draw the Minister’s attention to any irregularity disclosed by the inspection and audit that, in the opinion of the Auditor-General, is of sufficient importance to justify his so doing.\n\n(2.) The Auditor-General shall, at least once in each year, report to the Minister the result of the inspection and audit carried out under the last preceding sub-section.\n\n(3.) The Auditor-General or an officer of the Public Service of the Commonwealth authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Board or of the Authority relating directly or indirectly to the receipt or payment of moneys by the Board or by the Authority or to the acquisition, receipt, custody or disposal of assets of the Board.\n\n(4.) The Auditor-General or an officer of the Public Service of the Commonwealth authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.\n\n(5.) The Auditor-General or an officer of the Public Service of the Commonwealth authorized by him may require a person who is a member of the Board or of the Authority, or a member of the staff of the Board, to furnish him with such information in the possession of that person or to which that person has\n\naccess\n\n  \naccess as the Auditor-General or authorized officer considers necessary for the purposes of an inspection or audit under this Act, and the person shall comply with the requirement.\n\nAnnual report of Board.\n\n84.—(1.) The Board shall, as soon as practicable after each thirtieth day of June, prepare and furnish to the Minister a report on the operation of this Act during the year ended on that date, together with financial statements in respect of that year in such form as the Treasurer approves.\n\n(2.) Before furnishing the financial statements to the Minister, the Board shall submit them to the Auditor-General, who shall report to the Minister—\n\n(a) whether the statements are based on proper accounts and records;\n\n(b) whether the statements are in agreement with the accounts and records and show fairly the financial operations and the state of the affairs of the Board;\n\n(c) whether the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Board during the year have been in accordance with this Act; and\n\n(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.\n\n(3.) The Minister shall cause the report and financial statements of the Board, together with the report of the Auditor-General, to be laid before each House of the Parliament within fifteen sitting days of that House after their receipt by the Minister.\n\n(4.) The Authority shall furnish to the Board such information in relation to the operation of Part III. as the Board requires for the purpose of enabling it to prepare a report required to be furnished under sub-section (1.) of this section.\n\n(5.) For the purpose of enabling the Board to prepare a report under sub-section (1.) of this section in relation to a year, the Minister shall, as soon as practicable after the end of that year, furnish to the Board a statement of moneys paid into, and of expenditure from, the Fund referred to in section sixty-four of this Act during that year.\n\nLiability to taxation.\n\n85.—(1.) Subject to this section, the Board and the Authority are subject to taxation (other than taxes on income) under the laws of the Commonwealth, but are not subject to taxation under a law of a State or Territory to which the Commonwealth is not subject.\n\n(2.) Subject to the next succeeding sub-section, stamp duty under the law of a State or Territory is payable by the Board and\n\nby\n\n  \nby the Authority and in respect of transactions entered into, and instruments and documents executed, by or on behalf of the Board or the Authority.\n\n(3.) Stamp duty under the law of a State or Territory is not payable in respect of a transaction, instrument or document relating to—\n\n(a) the vesting in the Board by sub-section (2.) of section four, or by sub-section (2.) of section thirty-nine, of this Act of any rights, property or assets; or\n\n(b) the acquisition by the Board under section seventy-eight of this Act of property or rights in or in respect of any land or building.\n\nBoard to hold annual discussions with Conference.\n\n86. The Board shall, as soon as practicable after a report furnished to the Minister by the Board under section eighty-four of this Act has been laid before both Houses of the Parliament, afford the Australian Wool Industry Conference an opportunity of consulting with the members of the Board for the purpose of discussing the activities of the Board.\n\nBoard may provide Conference with clerical assistance.\n\n87. The Board may, for the purpose of providing the Australian Wool Industry Conference with clerical assistance, make members of the staff of the Board available to the Conference at such times as the Board determines.\n\nMembers of Parliament not to be paid remuneration under this Act.\n\n88. Where a member, or a deputy of a member, of the Board or of the Authority, or a member of a committee established by or under this Act, is also a member of, or is a candidate for election to, the Parliament of the Commonwealth or of a State, he shall not be paid any remuneration or allowances provided for by this Act, but shall be reimbursed such expenses as he reasonably incurs as a member, or the deputy of a member, of the Board or of the Authority or as a member of the committee, as the case may be.\n\nRegulations.\n\n89. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act consolidates and replaces several prior wool-related statutes and bodies (Wool Stores Act 1953; Wool Use Promotion Acts; Wool Testing Authority Act 1957; Wool Research Acts) and vests their assets, liabilities and staff into the newly constituted Australian Wool Board and related structures (sections 4(1), 39(1), 63(1), 4(2), 28, 61).  Mechanically, responsibility for promotion, testing, research-funding and wool store management is centralised under the Board (sections 24, 52–56, 64, 75–81).  Ministerial oversight and specified nomination rights are retained for appointments and some approvals (sections 9–15, 41, 20, 76), so the Act expands central coordination while preserving executive controls over key decisions."},"complexity_factors":["Multiple statutory bodies and functions consolidated (Board, Authority, Research Fund, transfer of prior bodies) (sections 4, 39, 63, 64)","Detailed, staged appointment and nomination rules for members (sections 9–15, 41–43)","Layered ministerial approvals and controls over appointments, removals, property disposals and spending (sections 20, 33, 76, 77, 67(2))","Interlocking finance rules tying tax receipts to Board funding and a separate research trust with distinct expenditure rules (sections 32, 65–67)","Property-management regime for wool stores with special disposal restrictions, repair and insurance obligations (Part V, sections 75–81)","Delegation rules and committee structures with limits on delegation for some functions (sections 25–26, 54)","Transitional provisions transferring staff, contracts and liabilities from prior bodies, creating implementation workload (sections 4, 28, 61)","Audit, reporting and record-keeping obligations with Ministerial and Parliamentary reporting timelines (sections 37, 60, 83–84)","Cross-references to other Acts (Audit Act, Superannuation Act, taxation and wool tax Acts) adding external compliance linkages (sections 31, 30, 32, 65)"],"plain_english_summary":"### What this Act does, who it affects, and how it works\n\n- Creates the Australian Wool Board (the Board) as a corporate body to manage promotion, research input, testing facilities and wool stores related to Australian wool and wool products (sections 8, 24, 56, 75).  The Board replaces earlier bodies and takes over their assets, liabilities and staff (sections 4(1)–(3), 28, 61).  \n\n- Establishes the Australian Wool Testing Authority (the Authority) to carry out wool testing and to issue certificates of test; the Authority is constituted and funded through the Board (sections 40, 52–56).  The Act repeals the previous statutory arrangements for testing, research and wool stores and transfers existing rights and obligations into the new structure (sections 39, 63).  \n\n- Continues a Wool Research Trust Fund for scientific, technical and economic research into wool and wool products and sets out what the Fund may be spent on (sections 64–67).  \n\n- Preserves and places special rules around certain wool store land and buildings; the Board must manage these and needs Ministerial approval for many disposals or charges of such property (Part V, sections 74–82).  \n\n- Provides governance, staffing, finance and accountability arrangements: member appointment and removal rules, committees, delegation, staff terms, banking, investment and borrowing limits, audit and annual reporting (Parts II, III, IV, V and VI; e.g. sections 9–26, 27–37, 83–84).  \n\nWhy it matters (official purpose claims and the mechanics that achieve them)\n\n- The Act states its objects as promoting exports and domestic trade in wool, encouraging production and use of wool products, and ensuring wool stores are available for defence if required (section 5).  Mechanically, the Board is given powers to promote wool (including publicity and research encouragement), to make arrangements with other bodies and to appoint agents (section 24(1)–(2)).  The Board controls funds and property that can be used to advance these objects (sections 32, 35, 36, 74–81).  \n\nTesting the stated purposes against costs, incentives and trade-offs (source-based observations)\n\n- Who pays: the Board and the Wool Research Fund are fed from wool-related tax receipts and appropriations.  The Board receives amounts equal to amounts of wool tax paid to the Commissioner (section 32).  The Wool Research Trust Fund receives amounts equal to three times certain wool tax receipts and other specified receipts (section 65(1)(a)–(d)).  That design channels industry-related tax receipts into promotion and research via the Board and Fund rather than leaving them as general revenue.  \n\n- Who decides: the Minister appoints (and can remove) Board members in the manner set out (sections 9–15, 20).  The Board appoints committees, staff and the Authority’s members (subject to specified nominations from industry bodies and other organisations) and directs operational matters (sections 25, 41, 52–56).  The Minister retains specified controls: approval of borrowing and investments, consent for certain property disposals, and power to require vesting of wool stores to the Commonwealth in a war/danger-of-war situation (sections 33, 36, 76, 77).  The Minister must also approve expenditure from the Wool Research Fund, but may only act in accordance with the Board’s recommendations for research expenditure (section 67(2)).  \n\n- Incentives and concentrated vs diffuse effects: money channelled from wool taxes funds promotion and research (sections 32, 65).  These expenditures directly benefit wool industry participants (a concentrated beneficiary group).  The cost of that support is borne by taxpayers in the sense that the Consolidated Revenue Fund appropriates for these transfers (sections 32, 65(2)).  The Act does not require the Board to obtain market prices for services it provides to industry beyond its power to charge fees for testing (section 53(1)(c)), which creates discretion about the balance between user-pays receipts and public funding.  \n\n- Effects on private actors and markets: the Board is empowered to promote wool (including publicity and encouragement of research and production improvements) (section 24(2)(c)).  The Board also controls certain wool stores and has limits on how it may dispose of or charge them without Minister approval (sections 75–76).  The Authority is given the function of testing and issuing certificates (sections 52–55), and certificates are made admissible evidence (section 57).  These arrangements can affect private service-providers (for example, in storage or testing) because the Board and Authority are statutory actors with specific roles and facilities (sections 56, 75).  The Act does not expressly prohibit other private testing or storage providers, but it centralises statutory testing functions and transfer of certain store assets into the Board (sections 39, 56, 75).  \n\n- Compliance and administrative burden: the Board and Authority must keep proper accounts and are subject to annual audit and reporting to the Minister and Parliament (sections 37, 60, 83–84).  The Authority must make its services available without unreasonable discrimination (section 58) and its certificates are prima facie evidence (section 57).  The Board must maintain separate accounts for wool stores and meet insurance and repair standards to the Minister’s satisfaction (sections 80–81).  These provisions create ongoing administrative responsibilities for the Board and (indirectly) for those interacting with it.  \n\n- Bureaucratic discretion and implementation risk: the Act vests several significant discretions in the Board (delegation of powers, appointment of staff and committees, promotional choices) and in the Minister (appointments and removals, approvals for property transactions, directions in respect of certain functions) (sections 20, 24, 25, 26, 33, 76).  The Act also centralises assets and staff from prior statutory bodies into the Board (sections 4, 39, 63, 28, 61), which carries transitional implementation work and the risk that consolidation choices affect operations during changeover.  \n\nOther concrete mechanisms to note\n\n- The Authority’s certificates are admissible evidence and courts must take judicial notice of the Authority’s seal (section 57).  \n- The Board funds and meets liabilities of the Authority; the Authority cannot hold property except money payable to it (sections 40(3), 56(3)).  \n- Delegations are permitted but the Board may not delegate some functions except to prescribed committees (section 26).  \n\nNet effect in mechanical terms\n\n- The Act centralises promotional, testing, research-funding and wool-store management functions into a Board structure funded from wool-related tax receipts and other specified sources, sets appointment and oversight rules that split operational control between the Board and Minister, imposes record-keeping and audit obligations, and preserves certain emergency powers for the Commonwealth over wool stores (sections 4, 8, 24, 32, 56–77, 83–84)."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":3497},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This is the original 1962 consolidating statute. While it significantly broadens the scope compared to any single predecessor Act (by combining wool promotion, testing, research, and stores into one regime), it represents the foundational scope of this particular legislation as enacted, not a subsequent expansion beyond original intent."},"complexity_factors":["Consolidates seven previous Acts with detailed transitional provisions handling succession of assets, liabilities, staff, and contractual obligations from superseded bodies","Establishes two separate corporate bodies (Board and Authority) with distinct governance structures, appointment processes involving multiple industry nominating organizations, and specific delegation powers","Multi-layered funding mechanisms including Consolidated Revenue Fund appropriations linked to specific tax Acts, the Wool Research Trust Fund, borrowing powers, and investment restrictions","Complex membership rules including staggered initial terms (one, two, and three year appointments), casual vacancy filling, and disqualification triggers for bankruptcy or non-attendance","Defence requisition powers in Part V allowing immediate vesting of property rights in the Commonwealth upon Gazette notice during war or danger of war, with associated compensation limitations","Detailed conflict-of-interest provisions requiring disclosure and exclusion from quorum for members with direct or indirect interests in contracts, with exceptions for certain corporate shareholdings"],"plain_english_summary":"This Act serves as the central law for Australia’s wool industry, merging several previous statutes into a single framework that establishes two key statutory bodies: the **Australian Wool Board** and the **Australian Wool Testing Authority**.\n\n**What the Act does**\n\nThe legislation combines four main functions under one roof:\n\n*   **Promotion and Marketing**: The Australian Wool Board (an 11-member corporate body funded by wool taxes) promotes Australian wool exports and domestic trade, researches marketing methods, and encourages scientific research into wool production.\n*   **Quality Testing**: The Australian Wool Testing Authority (an 8-member body with industry representatives) conducts scientific tests on wool and wool products, issuing certificates that are legally admissible as evidence in court proceedings.\n*   **Research Funding**: It continues the **Wool Research Trust Fund**, which uses tax revenue to finance scientific, technical, and economic research into wool production and textile manufacturing, as well as training and information dissemination.\n*   **Strategic Storage**: It manages wool stores (warehousing facilities) and includes special powers allowing the Commonwealth government to immediately requisition these facilities for defence purposes during war or when danger of war exists.\n\n**Who it affects**\n\n*   **Woolgrowers**: Six Board members represent woolgrowers, and the Board oversees research directly affecting farming practices and animal production.\n*   **Wool industry businesses**: Wool buyers, selling brokers, scourers, and textile manufacturers nominate members to the Testing Authority and rely on standardized testing for trade.\n*   **The Commonwealth**: The government appoints key members, approves major expenditures and borrowings, and maintains national security controls over critical infrastructure.\n\n**Why it matters**\n\nThe Act creates a self-funding industry structure where a tax on wool sales supports marketing campaigns, quality assurance, and scientific innovation. By consolidating previous laws, it streamlines governance while ensuring that, in times of national emergency, the government can commandeer essential storage infrastructure for defence needs without paying compensation to the Board."}},"importantCases":[],"_links":{"self":"/api/acts/wool-industry-act-1962","history":"/api/acts/wool-industry-act-1962/history","analysis":"/api/acts/wool-industry-act-1962/analysis","conflicts":"/api/acts/wool-industry-act-1962/conflicts","importantCases":"/api/acts/wool-industry-act-1962/important-cases","documents":"/api/acts/wool-industry-act-1962/documents"}}