51Current recommendation

##### 51 Current recommendation (1) For the purposes of sections 49 and 50, the current recommendation applying to a financial year is ascertained in accordance with this section. (2) In this section, a reference to a recommendation approved in a financial year is a reference to: (a) a recommendation of a kind to which subsection (3) applies approved in that year by wool‑tax payers by means of a postal ballot conducted under the regulations; or (b) a recommendation of a kind to which subsection (3) applies as varied in that year by another recommendation approved by wool‑tax payers by means of a postal ballot conducted under the regulations. (3) This subsection applies to the following recommendations: (a) a recommendation that: (i) an amount equal to a specified percentage of the sale value of shorn wool other than carpet wool, or of carpet wool, subject to tax be paid by the Commonwealth to the Organisation during the financial year or years to which the recommendation applies for research and development; and (ii) accordingly, the percentage recommended under subparagraph (i) be taken into account in fixing the rate of tax that is to be prescribed in respect of shorn wool other than carpet wool, or carpet wool, as the case may be, for the purposes of the application of each of the Wool Tax Acts in respect of that year or those years; (b) a recommendation that: (i) an amount equal to a specified percentage of the sale value of shorn wool other than carpet wool, or of carpet wool, subject to tax be paid by the Commonwealth to the Organisation during the financial year or years to which the recommendation applies for wool promotion; (ii) accordingly, the percentage recommended under subparagraph (i) be taken into account in fixing the rate of tax that is to be prescribed in respect of shorn wool other than carpet wool, or carpet wool, as the case may be, for the purposes of the application of each of the Wool Tax Acts in respect of that year or those years. (4) The year or years to which a recommendation applies are ascertained as follows: (a) a recommendation approved in a financial year that commenced on 1 July 1993 and in force immediately before the commencement of this Act applies to each of the financial years of the triennium commencing on 1 July 1994; (b) a recommendation approved in the first or second year of a triennium applies to the remaining year or years of the triennium; (c) a recommendation approved in the last year of a triennium applies to all of the years of the following triennium. (5) The total of the percentages specified in recommendations that are approved under this section in relation to a particular kind of wool for the same financial year must not exceed the difference between: (a) the rate of tax that applies under the Wool Tax Acts for that financial year in respect of that kind of wool; and (b) the percentage that applies under subsection 43(2) of the Wool International Act 1993 for that financial year. (6) The regulations may make provision in relation to the conduct of postal ballots for the purposes of this section. (7) Without limiting subsection (6), the matters in relation to which the regulations may make provision include the following: (a) the making by the Organisation of the recommendation to be submitted to a ballot; (b) the giving of notice by the Organisation of its intention to conduct a ballot; (c) the manner in which a ballot is to be conducted; (d) the giving of notice by wool‑tax payers of their wish to participate in a ballot; (e) the effect, for the purposes of the regulations relating to ballots, of a notice by a wool‑tax payer of his or her wish to attend an annual general meeting; (f) the means by which the number of votes that a wool‑tax payer may cast in a ballot is to be determined; (g) the nature of the majority of votes that is to determine the outcome of a ballot; (h) the procedure for determining the outcome of a ballot. (8) If, but for this subsection, there would not be a current recommendation applying to a particular financial year for the purposes of a particular subsection of section 49, the recommendation that was the current recommendation applying to the last financial year for which there was such a recommendation is the current recommendation applying to the first‑mentioned financial year for the purposes of the subsection. (9) If, but for this subsection, there would not be a current recommendation applying to a particular financial year for the purposes of a particular subsection of section 50, the recommendation that was the current recommendation applying to the last financial year for which there was such a recommendation is the current recommendation applying to the first‑mentioned financial year for the purposes of the subsection. (10) A reference in subsection (8) or (9) to a recommendation that was the current recommendation applying to a financial year for the purposes of a particular subsection of section 49 or 50 includes a reference to: (a) in the case of subsection 49(2)—a recommendation having effect in relation to a financial year for the purposes of paragraph 30B(1)(a) of the Primary Industries and Energy Research and Development Act 1989 as in force before the commencement of this Act; or (b) in the case of subsection 49(3)—a recommendation having effect in relation to a financial year for the purposes of paragraph 30B(2)(a) of the Primary Industries and Energy Research and Development Act 1989 as in force before the commencement of this Act; or (c) in the case of subsection 50(2)—a recommendation having effect in relation to a financial year for the purposes of paragraph 21(1)(a) of the Australian Wool Corporation Act 1991 as in force before the commencement of this Act; or (d) in the case of subsection 50(3)—a recommendation having effect in relation to a financial year for the purposes of paragraph 21(2)(a) of the Australian Wool Corporation Act 1991 as in force before the commencement of this Act. (11) The Organisation must not submit a recommendation to a ballot unless it has consulted with the Wool Council of Australia in relation to the proposed recommendation.