This Act has been repealed and is no longer in force. It is retained for historical reference.
Jurisdiction
Commonwealth
Act Number
90 of 1987
Collection
act
Plain English Summary
8/10 complexity
Creates and continues the Australian Wool Corporation to run wool export marketing (including a reserve‑price intervention scheme), promotion, research funding and wool stores, financed by an apportioned wool tax and two dedicated funds. It affects woolgrowers (who pay the tax and may receive refunds or advances), industry bodies, exporters, woolclassers and the Minister (who approves plans and may direct the Corporation). The Act’s stated aim is to increase commercial returns to woolgrowers (s5); it imposes compliance costs and grants discretionary market‑intervention powers.
An Act relating to the export marketing of wool and certain other matters concerning the wool industry
[Assented to 5 June 1987]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
PART I—PRELIMINARY
Short title
This Act may be cited as the Wool Marketing Act 1987.
Commencement
This Act shall come into operation on 1 July 1987.
Interpretation
(1) In this Act, unless the contrary intention appears:
“Administration Act” means the Wool Tax (Administration) Act 1964;
“annual operational plan” means a plan in force for the time being under section 18;
“annual report” means a report of the Corporation prepared under section 123;
“annual research and development program” means a program in force for the time being under section 101;
“appoint” includes re-appoint;
“appointed director” means a director other than the Managing Director;
“approved research and development activity” means a wool research and development activity that is approved by the Corporation under section 102 and that has not ceased to be such an activity under subsection (2) of this section;
“assessment action”, in relation to the equal employment opportunity program of the Corporation, means action by the Corporation to do all of the following things:
(a) to collect and record statistics and related information concerning employment by the Corporation, including the number and types of jobs undertaken by, or job classifications of:
(i) employees of either sex; and
(ii) persons in designated groups;
(b) to monitor and evaluate the implementation of the program; and
(c) to assess:
(i) the achievement of the objectives of the program; and
(ii) the effectiveness of the program by comparing statistics and information referred to in paragraph (a) with the indicators set under the policy action of the program;
“company auditor” means a firm or person carrying on the business of auditing accounts;
“consultation action”, in relation to the equal employment opportunity program of the Corporation, means action by the Corporation to:
(a) consult with its employees, particularly employees who are women or in designated groups; and
(b) consult with each trade union having members affected by the program;
in relation to the development and implementation of the program;
“controlled arrangements” means arrangements referred to in paragraph 63 (1) (d), (e), (f) or (g);
“corporate plan” means a plan in force under section 13;
“Corporation” means the Australian Wool Corporation continued in existence by section 4;
“Corporation auditor” means:
(a) if an appointment of a company auditor under subsection 60 (6) as the auditor of the Corporation is in effect—that company auditor; or
(b) in any other case—the Auditor-General;
“Corporation Chairperson” means the Chairperson of the Corporation;
“Council Chairperson” means the Chairperson of the Research Council;
“Council member” means a member of the Research Council and includes the Council Chairperson;
“designated group” has the same meaning as in the Public Service Act 1922;
“director” means a director of the Corporation and includes the Corporation Chairperson;
“discrimination” means:
(a) discrimination that is unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984; or
(b) discrimination by which a person with a physical or mental disability is, because of the disability, treated less favourably than a person without the disability;
“employee” means a natural person appointed or engaged:
(a) under a contract of service, whether on a full-time, part-time, permanent, casual or temporary basis; or
(b) under a contract for services;
“employee information action”, in relation to the equal employment opportunity program of the Corporation, means action by the Corporation to inform its employees of the content of the program and of the results of any assessment action;
“employment matters” includes:
(a) recruitment procedure, and selection criteria, for appointment or engagement of persons as employees;
(b) promotion and transfer of employees;
(c) training and staff development for employees; and
(d) conditions of service of employees;
“equal employment opportunity program”, in relation to the Corporation, means a program of the Corporation that is designed to ensure:
(a) that appropriate action is taken to eliminate any discrimination by the Corporation against women and persons in designated groups in relation to employment matters; and
(b) that appropriate measures are taken by the Corporation to promote equal opportunity for women and persons in designated groups in relation to employment matters;
being a program that includes provision for assessment action, consultation action, employee information action, and policy action, in relation to the program;
“export auction” means an auction at which any wool sold may be exported;
“government director” means the director referred to in paragraph 20 (1) (c);
“industry standards”, in relation to wool, means the standards of preparation of wool for submission for sale referred to in paragraph 63 (1) (b);
“industry terms”, in relation to wool, means the terms and conditions relating to the acceptance of wool for sale and the sale of wool referred to in paragraph 63 (1) (c);
“Managing Director” means the person appointed as the Managing Director of the Corporation under section 38;
“manufacture”, in relation to wool, means to subject the wool to a process other than scouring, carbonising, combing or fellmongering;
“Market Fund” means the Market Support Fund continued in existence under section 48;
“member of Parliament” means a member of:
(a) the Parliament of the Commonwealth;
(b) the Parliament of a State; or
(c) the Legislative Assembly of the Northern Territory;
“participating wool”, in relation to a refund period, means:
(a) wool sold in Australia during that refund period by or on behalf of its producer;
(b) wool subjected to a process of manufacture during that refund period by or on behalf of its producer; or
(c) wool exported from Australia by or on behalf of its producer, being wool entered for export under the Customs Act 1901 during that refund period;
“policy action”, in relation to the equal opportunity program of the Corporation, means action by the Corporation to do all of the following things:
(a) confer responsibility for the development and implementation of the program (including a continuous review of the program) on a person having sufficient authority and status within the management of the Corporation to enable the person properly to develop and implement the program;
(b) examine policies and practices of the Corporation in relation to employment matters to identify:
(i) any policies or practices that constitute discrimination against women or persons in designated groups; and
(ii) any patterns (whether ascertained statistically or otherwise) of lack of equality of opportunity for women or persons in designated groups; and
(c) set:
(i) the objectives to be achieved by the program; and
(ii) the quantitative and other indicators against which the effectiveness of the program is to be assessed;
“Presiding Member” means the person appointed as Presiding Member of the Australian Wool Industry Selection Committees under section 27;
“process”, in relation to wool, means to subject the wool to a process of scouring, carbonising, combing or fellmongering;
“producer”, in relation to wool, means:
(a) where an agreement to sell the wool separately from the sheep was made before the wool was shorn—the person who owned the sheep immediately before the sale;
(b) where a gift of the wool is made before any sale of the wool has taken place—the person to whom the wool is given; or
(c) in any other case—the person who owns the wool immediately after it is shorn;
and, for the purposes of this definition, a person who has rights in the nature of an equity of redemption in respect of wool or sheep the subject of a mortgage or other security shall be deemed to be the owner of the wool or sheep;
“refund period” means a period, to which a declaration under section 50 applies;
“Register” means the Register of Woolclassers kept in accordance with section 75;
“registered woolclasser” means a woolclasser whose name is on the woolclassers register;
“repealed Act” means the Wool Industry Act 1972 as in force immediately before 1 July 1987;
“research and development plan” means a plan in force for the time being under section 96, and includes the plan continued in operation under subsection 95 (4);
“Research Council” means the Wool Research and Development Council continued in existence by section 90;
“Research Councils Selection Committee” means the Research Councils Sel
This is an opening excerpt, not the complete document.