I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and pursuant to section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Wool Marketing Act 1987.
Dated 18 June 1987.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
JOHN KERIN
Minister of State for Primary Industry
—————
PART I—PRELIMINARY
Citation
These Regulations may be cited as the Wool Marketing Regulations.
Interpretation
In these Regulations, unless the contrary intention appears: “the Act” means the Wool Marketing Act 1987.
PART II—REPAYMENT OF MONEYS PAID INTO MARKET SUPPORT FUND
Division 1—Preliminary
Interpretation
(1) In this Part, unless the contrary intention appears:
“manufacturer” has the same meaning as in the Administration Act;
“registered person” means a person who is, or persons carrying on business as partners who are, registered under a relevant section of the Administration Act or under any 2 or more of those sections;
“registered wool-dealer” means a person who is registered under section 14 of the Administration Act;
“relevant section”, in relation to the Administration Act, means section 13, 14, 15 or 16 of that Act;
“sale value”, in relation to a quantity of wool, means the sale value of that quantity of wool as ascertained in accordance with section 10 of the Administration Act;
“wool” means shorn wool;
“wool-broker” has the same meaning as it has in the Administration Act;
“wool tax” means tax payable under section 5 of any Wool Tax Act.
(2) For the purposes of this Part,~ wool shall be taken to have been produced at the time at which a person becomes, for the purposes of this Part, the producer of that wool.
(3) For the purposes of this Part but subject to subregulations (4) and (5), the sale of wool shall be deemed to have taken place at the time when the agreement for the sale was made.
(4) Where, under the terms of an agreement to sell wool (whether made before, during or after the shearing of the sheep by virtue of which the wool was or is obtained), payment in respect of any wool that was so sold was not, or is not, to be made before delivery of that wool under the agreement, then the sale of any wool delivered under the agreement shall be deemed to have taken place at the time when payment for that wool was or is so made.
(5) Subregulation (4) does not apply to an agreement to sell wool that was made before 2 September 1974 except to the extent that the agreement provided that the purchase price payable in respect of any wool sold under the agreement was or is payable on or after 2 September 1974 and that wool tax was or is to be deducted from the purchase price payable for that wool at the time when payment was or is made.
(6) In this Part, a reference to the sale or exportation of wool by or on behalf of the producer shall be read as including a reference to the sale or exportation of wool by or on behalf of a person exercising rights under a mortgage, lien, bill of sale or other charge given by the producer by way of security.
(7) In this Part, unless the contrary intention appears, a reference to a State, in relation to the registration of a person under a relevant section of the Administration Act, shall be deemed to include a reference to the Northern Territory.
Division 2—Entitlement to refund
Producers normally entitled to refund
4. Subject to regulations 5, 6, 7 and 8, the producer of participating wool is entitled to be paid the refund payable under this Part in respect of that wool.
Bankrupt estates
(1) Where any participating wool was produced by:
(a) a person whose affairs have at any subsequent time been administered, or are being administered, under any of the provisions of the Bankruptcy Act 1966, by a trustee;
(b) a person who has died and whose estate has at any subsequent time been, or is being, so administered; or
(c) a personal representative in the administration of an estate which has at any subsequent time been, or is being, so administered;
an amount by way of the refund that would otherwise be payable under this Part to the person who produced the participating wool or to the personal representatives of that person is, subject to this regulation, payable to the trustee.
(2) An amount received by a trustee by virtue of this regulation shall, for all purposes of the Bankruptcy Act 1966 and of any instrument executed pursuant to that Act, be deemed to be received by the trustee in his or her capacity as trustee.
(3) This regulation does not apply in any case in which:
(a) the creditors who were entitled to share in distributions by the trustee have been paid in full; or
(b) the trustee was acting under a sequestration order, and that order has been annulled.
Defunct companies and dissolved partnerships
(1) Where participating wool was produced by a company that is defunct, an amount by way of refund that would otherwise be payable under this Part to the company may be paid by the Corporation to such person as appears to the Corporation to be justly entitled to receive it.
(2) Where participating wool was produced by a partnership that has been dissolved, an amount by way of refund that would otherwise be payable under this Part to the partnership may be paid by the Corporation to any former partner or partners (including the personal representatives of a deceased former partner).
(3) Where an amount has been paid pursuant to subregulation (1) or (2), the rights, duties and liabilities of the person to whom it is paid are the same as if it were part of the proceeds of a sale of the wool by the company or partnership made at the time the wool was produced.
Deceased persons
Subject to regulation 5, where participating wool was produced by a person who has died:
(a) any amount by way of refund that would otherwise be payable under this Part to that person is payable to the personal representatives of that person; and
(b) the rights, duties and liabilities of the personal representatives in respect of the amount are the same as if it were part of the proceeds of a sale of the wool by the deceased person made at the time the wool was produced.
Personal representatives and trustees
Subject to regulation 5, where participating wool was produced by a person acting in the capacity of trustee, or of a personal representative of a deceased person, and there has been a change in the identity of the trustees of the trust or of the personal representatives of the deceased person, an amount otherwise payable by way of refund under this Part to the producer of the wool is payable to the trustees for the time being of the trust or the personal representatives for the time being of the deceased person.
Amount of refund
(1) The amount of the refund payable in respect of wool that is participating wool in respect of a refund period by reason that it was sold by or on behalf of the producer during that period is:
(a) if the wool was sold by a wool-broker on behalf of the producer or was sold by the producer to a registered wool-dealer or to a manufacturer:
(i) in a case where the Corporation is satisfied that an amount in respect of the wool tax payable on the wool was recovered or retained as provided in section 12 of the Administration Act—an amount equal to 5/8 of the amount so recovered or retained; or
(ii) in a case where subparagraph (i) does not apply but the Corporation is satisfied that, under the agreement for sale of the wool, the producer was paid a price for the wool fixed after allowing an amount in respect of wool tax—an amount equal to 5/92 of that price; or
(b) if the wool was sold by the producer to a person in circumstances other than those set out in paragraph (a):
(i) in a case where the Corporation is satisfied that an amount in respect of the wool tax payable on the wool was recovered from the producer or retained by the person to whom the wool was sold from moneys due and payable to the producer—an amount equal to 5/8 of the amount so recovered or retained; or
(ii) in a case where subparagraph (i) does not apply but the Corporation is satisfied that, under the agreement for sale of the wool, the producer was paid a price for the wool fixed after allowing an amount in respect of wool tax—an amount equal to 5/92 of that price.
(2) The amount of the refund payable in respect of wool that is participating wool in respect of a refund period by reason that it was used in manufacture by or on behalf of the producer during the refund period or exported by or on behalf of the producer during that period is an amount equal to 5/8 of the amount paid on account of wool tax by the producer on the wool so used.
(3) Where the producer of wool is unable to establish the price that was paid for the wool under an agreement for sale of the wool but is able to establish that the wool was of a particular quality and was sold on a particular day, or during a particular period, the Corporation may, on the basis of information held by the Corporation concerning prices paid for wool of that quality during the refund period in which the wool was sold, determine the price that shall, for the purposes of this Part, be taken to be the price paid for the wool.
(4) Where:
(a) a wool-broker has furnished one or more accounts to a producer in respect of wool sold (whether in one lot or otherwise) by that wool-broker on behalf of the producer, being wool that became participating wool in respect of a refund period by reason of its having been so sold;
(b) a registered wool-dealer has furnished one or more accounts to a producer in respect of wool purchased (whether in one lot or otherwise) by that wool-dealer from the producer, being wool that became participating wool in respect of a refund period by reason of its having been so purchased;
(c) a manufacturer has furnished one or more accounts to a producer in respect of wool purchased (whether in one lot or otherwise) by that manufacturer from the producer, being wool that became participating wool in respect of a refund period by reason of its having been so purchased;
(d) a manufacturer has furnished one or more accounts to a producer in respect of wool subjected by that manufacturer to a process of manufacture, being wool that became participating wool in respect of a refund period by reason of its having been subjected by that manufacturer to a process of manufacture; or
(e) an exporter has furnished one or more accounts to a producer in respect of wool exported from Australia (whether in one lot or otherwise) by that exporter on behalf of the producer, being wool that became participating wool in respect of a refund period by reason of its having been so exported;
a refund is not payable under this Part in respect of any of the wool to which the account or accounts relate if the refund, or the total of the refund or refunds, that would, but for this subregulation, be payable in respect of all the wool to which the account or accounts relates is less than $10.
(5) Subject to subsection (4), where, but for this subregulation, the refund payable under this Part in respect of any wool that is participating wool in respect of a refund period would be less than $10, a refund is not payable in respect of that wool.
Division 3—Method of distribution
Persons by whom refunds in respect of participating wool are to be made
10. (1) Subject to this Part, refunds that are payable in respect of wool that is participating wool in respect of a refund period shall be made by registered persons on behalf of the Corporation, or by the Corporation, in accordance with this regulation.
(2) Where wool has become participating wool in respect of a refund period by reason of the sale of the wool by a wool-broker on behalf of the producer, the refund payable in respect of that wool shall, subject to this regulation, be paid by that wool-broker on behalf of the Corporation.
(3) Where wool has become participating wool in respect of a refund period by reason of the sale of the wool by the producer to a registered wool-dealer, the refund payable in respect of that wool shall, subject to this regulation, be paid by the registered wool-dealer on behalf of the Corporation.
(4) Where wool has become participating wool in respect of a refund period by reason of the sale of the wool by the producer to a manufacturer, the refund payable in respect of the wool shall, subject to this regulation, be paid by the manufacturer on behalf of the Corporation.
(5) Where wool has become participating wool in respect of a refund period by reason of the subjecting of the wool to a process of manufacture by a manufacturer on behalf of the producer, the refund payable in respect of the wool shall, subject to this regulation, be paid by the manufacturer on behalf of the Corporation.
(6) Where wool has become participating wool in respect of a refund period by reason of the exportation of the wool by a registered exporter on behalf of the producer, the refund payable in respect of that wool shall, subject to this regulation, be payable by the registered exporter on behalf of the Corporation.
(7) Where wool has become participating wool in respect of a refund period by virtue of an act or thing done in relation to that wool, being an act or thing of a kind described in subregulation (2), (3), (4), (5) or (6), but the person by whom, but for his or her having ceased to be a registered person, the refund in respect of that wool would be payable has ceased to be a registered person, the refund in respect of that wool shall, subject to
this section, be payable by the registered person, if any, having, for the time being, possession or control of the records relating to that act or thing.
(8) The Corporation may direct that a refund in respect of participating wool that would, but for this subregulation, be payable by a registered person, shall not be paid by that registered person.
(9) Where:
(a) a refund cannot, for any reason, be made by a registered person in accordance with subregulation (2), (3), (4), (5), (6) or (7), as the case may be;
(b) a refund in respect of participating wool would, but for this subregulation, be required to be made by a registered person but the registered person requests the Corporation to make the payment and the Corporation, on considering the number of refunds involved, is satisfied that the cost to the registered person of making the payment would be substantially disproportionate to the amount of the refund, agrees to do so; or
(c) the Corporation has given a direction under subregulation (8); payment of the refund shall be made by the Corporation.
(10) Subject to this regulation, payments of refunds in respect of participating wool shall be made by the Corporation.
Registered persons to make refunds on behalf of Corporation
11. (1) Where a period becomes, by virtue of a declaration under section 50 of the Act, a refund period, a registered person who dealt with wool during that period shall, within one month after the date of publication of the declaration in the Gazette:
(a) give to the Corporation, in accordance with a form approved by the Corporation for the purposes of this regulation, such prescribed information as is in his or her possession or under his or her control; and
(b) where the person is unable to give some or all of the prescribed information—give to the Corporation a statement, in writing, that he or she is unable to give that information and setting out the reasons why he or she is unable to give that information.
Penalty: $1,000.
(2) A reference in subregulation (1) to prescribed information shall be read as a reference to the following information:
(a) in relation to so much of each quantity of wool dealt with by a registered person during a refund period, being wool in respect of which refunds are payable by that registered person, as was the wool of a particular producer:
(i) the name and full postal address of that producer;
(ii) the distinguishing number (if any) assigned by the registered person to that producer;
(iii) where the refund payable in respect of the wool is payable to a person other than the producer of the wool:
(A) the name and full postal address of that other person; and
(B) the reason why the refund is so payable;
(iv) the sale value of the wool;
(v) the amount of the refund payable in respect of the wool;
(b) in relation to the whole of the wool dealt with by a registered person during a refund period—the total amount of the refunds payable in respect of the wool.
(3) Where a registered person has duly given prescribed information to the Corporation in accordance with subregulation (1), the Corporation shall, after examining that information and making such inspection of any relevant documents and such inquiries arising out of that inspection as it thinks necessary, within 3 months after the date of publication of the declaration in the Gazette, authorise the registered person to make payments of such amounts as appear to the Corporation to be payable by that registered person or inform the registered person that it will make those payments pursuant to subregulation 10 (9) or (10).
(4) Without limiting the generality of subregulation (3), the power of the Corporation to make inquiries arising out of an inspection of the information furnished by a registered person in accordance with subregulations (1) and (2) extends to directing that person or another person, by notice in writing furnished to the person so directed, within such period after the making of the direction as is specified in the notice:
(a) to give to the Corporation such further information, or such information, as the case requires, relating to the refund payable in respect of any participating wool as is specified in the notice and is in the possession or under the control of the person to whom the notice is directed; and
(b) where the person is unable to give some or all of the information required by the notice by reason that the information is not in the possession or under the control of that person—to give to the Corporation a statement, in writing, that he or she is unable to give that information and setting out the reasons why he or she is unable to give that information.
(5) A person to whom a direction is given under subregulation (4) shall not, without reasonable excuse, fail to comply with the direction.
Penalty: $1,000.
(6) In any proceedings for an offence against subregulation (1) or (5), a certificate in writing under the seal of the Corporation stating that the Corporation did not receive from a person who failed to furnish information that he or she was required to furnish under paragraph (1) (a) or (4) (a) a statement under paragraph (1) (b) or (4) (b), as the case requires, in
relation to that failure is evidence that that information was in the possession or under the control of that person.
(7) Where a registered person has acquired possession or control of the records of another person who was, but who subsequently ceased to be, a registered person relating to the acts or things done by the other person in relation to wool during a refund period, being acts or things by virtue of the doing of which the other person would, if he or she had not ceased to be a registered person, be taken, for the purposes of this section, to have dealt with that wool during that refund period, these regulations apply to the first-mentioned registered person:
(a) if the first-mentioned registered person acquired possession or control of the records before the date of publication of the declaration by virtue of which the refund period become a refund period—as if he or she were the registered person who, by virtue of the doing of those acts or things, had dealt with the wool during that refund period;
(b) if the first-mentioned registered person acquired possession or control of the records on or after the date referred to in paragraph (a) but before subregulation (1) has been complied with—as if he or she were the registered person who, by virtue of the doing of those acts or things, had dealt with the wool during the refund period and as if the reference to one month in subregulation (1) were a reference to one month after he or she acquired possession or control of the records; or
(c) if the first-mentioned registered person acquired possession or control of the records on or after the date referred to in paragraph (a) and after subregulation (1) has been complied with—as if he or she were the registered person who, by virtue of the doing of those acts or things, had dealt with the wool during the refund period and as if he or she were the registered person who had complied with subregulation (1).
(8) Nothing in subregulation (7) shall be taken to render a registered person liable for conviction in respect of an act or omission of another registered person in respect of an obligation imposed upon that other registered person by subregulation (1).
(9) For the purposes of this regulation, a registered person shall be taken to have dealt with wool if and only if:
(a) in his or her capacity as a wool-broker, he or she has sold wool;
(b) in his or her capacity as a registered wool-dealer, he or she has purchased wool from a person other than a wool-broker;
(c) in his or her capacity as a manufacturer, he or she has purchased wool from a person other than a wool-broker or a registered wool dealer;
(d) in his or her capacity as a manufacturer, he or she has subjected wool (not being wool purchased by him or her) to a process of manufacture; or
(e) in his or her capacity as a registered exporter, he or she has exported wool from Australia;
and the wool so sold, purchased, subjected to a process of manufacture or exported was not wool on which wool tax had already been paid.
Payments authorised under regulation 11
(1) Where the Corporation authorises a registered person who has given information under regulation 11 or who is, pursuant to subregulation (7), to be taken, for the purposes of the application of that regulation, to have given such information, to make payments in respect of participating wool, it shall pay to the registered person such moneys as are required to enable the registered person to make the payments so authorised.
(2) Subject to this Part, where the Corporation provides a registered person, in accordance with subregulation (1), with moneys for the purpose of enabling the registered person to make payments in respect of participating wool:
(a) the registered person shall not make a payment out of those moneys except in accordance with an authorisation by the Corporation; and
(b) the registered person shall make each payment authorised by the Corporation as soon as practicable after receipt of those moneys.
Penalty: $5,000.
(3) If, for any reason, a registered person to whom moneys have been provided in accordance with subregulation (1) to make a payment authorised by the Corporation in respect of participating wool does not make the payment within 1 month after his or her receipt of those moneys, that person shall, within 7 days of that period of 1 month pay to the Corporation an amount equal to the amount of the payment so authorised and inform the Corporation, in writing, of the reason why he or she did not make the payment.
Penalty: $5,000.
(4) Where, after a payment authorised by the Corporation to be made by a registered person in respect of participating wool has been made, the cheque by which the payment is made is returned to the registered person or is not presented for payment within 15 months after it was drawn, the registered person shall, within 7 days of that period of 15 months pay an amount equal to the amount of the payment so authorised to the Corporation and inform the Corporation, in writing, of the reasons for so doing.
Penalty: $5,000.
Claims made upon the Corporation
(1) A person who claims to be entitled to be paid an amount in respect of wool that is participating wool in respect of a refund period may,
if that person has not received payment of an amount equal to that amount in respect of that wool from a registered person or the Corporation within 4 months after the date of publication in the Gazette of the declaration of the period as a refund period, make a claim upon the Corporation for payment to that person of the amount, or the balance of the amount, as the case requires, that that person claims to be payable to him or her in respect of that wool.
(2) The Corporation is not required to make a payment in respect of wool that is participating wool in respect of a refund period unless:
(a) the claim for that payment is delivered to the Corporation within the period of 6 months after the date of publication of the declaration in the Gazette of the refund period; or
(b) the claim is delivered to the Corporation within a year after the date of publication of the declaration in the Gazette and the Corporation is satisfied that there is a sufficient reason why the claim was not delivered to the Corporation within the period of 6 months after that date of publication.
(3) A claim upon the Corporation under subregulation (1) shall be made in writing in accordance with a form approved by the Corporation for the purposes of this regulation, and shall contain the following information:
(a) the name and full postal address of the person;
(b) the quantity of the wool;
(c) the sale value of the wool (if known to the claimant);
(d) the amount of the wool tax imposed on the wool (if known to the claimant);
(e) the date, place and nature of the occurrence by reason of which wool tax was imposed on the wool;
(f) the name and full postal address of the person to whom the wool was sold or exported by the producer, or by whom the wool was subjected to a process of manufacture on behalf of the producer, as the case requires.
(4) A claim upon the Corporation under subregulation (1) shall be accompanied by a statutory declaration by the claimant that the information is true and correct in every particular.
(5) As soon as practicable after receipt of a claim in respect of participating wool, the Corporation shall make a thorough investigation of the claim without regard to legal forms and:
(a) if it is satisfied that the claimant is entitled to a payment, or additional payment, in respect of that wool under this Part—inform the claimant, in writing, that it is satisfied that he or she is entitled to payment or additional payment of a specified amount under this Part in respect of that wool and give to the claimant a statement in
writing setting out the reasons for its decision, including the basis on which it has determined the specified amount; or
(b) if it is not so satisfied—inform the claimant, in writing, that it is not satisfied that he or she is entitled to any payment, or additional payment, under this Part in respect of that wool and give to the claimant a statement in writing setting out the reasons for its decision.
(6) Where the Corporation makes a decision that a claimant is entitled to the payment, or additional payment, of a specified amount in respect of the wool under this Part, it shall, when informing the claimant that it has so decided, also effect payment to the claimant of the specified amount.
(7) In investigating a claim under this section, the Corporation is not bound by rules of evidence, but shall inform itself on any relevant matters in such manner as it thinks fit.
Manner of payment of refund
(1) Payment in respect of participating wool shall be made only by:
(a) cheque;
(b) telegraphic transfer; or
(c) electronic funds transfer.
(2) Where the Corporation or a registered person makes a payment in respect of participating wool to a person, the Corporation or the registered person shall deliver to that person a statement in writing showing the amount of the payment separate from any other amount paid to that person.
Moneys paid under regulation 12 to be held in trust
Where moneys are paid to a registered person by the Corporation under regulation 12 for the purpose of enabling the person to make payments in respect of participating wool, those moneys shall be deemed to be moneys held in trust for the Corporation until applied by the person in accordance with this Part.
Investment of moneys received under regulation 12
(1) Where moneys are paid to a registered person by the Corporation under regulation 12 for the purpose of enabling the person to make payments in respect of participating wool, the registered person shall, until the moneys are applied by him or her in accordance with this Part, cause the moneys to be held in an account with a bank as defined in subsection 5 (1) of the Banking Act 1959, being an account opened and maintained only for the purposes of this Part.
(2) Interest earned on money held in an account by a registered person in accordance with subregulation (1) shall be paid by the registered person to the Corporation as soon as practicable after it is received.
Penalty: $5,000.
Person receiving payment to which he or she is not entitled
(1) A person who receives, in respect of a refund in respect of participating wool, a payment that the person knows or suspects is not payable to the person, or exceeds the amount payable to the person, shall, as soon as practicable, inform the Corporation accordingly.
Penalty: $1,000.
(2) For the purposes of subregulation (1), a registered person shall be taken to be a person who receives a payment in respect of participating wool where the registered person receives that payment in his or her capacity as producer of that wool or as the person entitled to receive that payment by virtue of the operation of regulation 5, 6, 7 or 8 but not otherwise.
(3) Where the Corporation is satisfied that a person has received a payment that is not payable to the person, or that exceeds the amount payable to the person, the Corporation shall notify the person of the amount of the payment that was not payable, or of the excess, as the case may be, and the person shall forthwith pay to the Corporation an amount equal to the amount notified.
Recovery of payments
Where the Corporation has made, or a registered person has, with the authority of the Corporation, made:
(a) a payment in respect of participating wool that was not payable, or was not payable to the person to whom it was paid; or
(b) a payment in respect of participating wool that exceeds the amount that was payable;
the amount of the payment, or of the excess, as the case may be, if not otherwise recovered, may be recovered by the Corporation from the person to whom it was paid, as a debt due to the Corporation by action in a court of competent jurisdiction.
Division 4—Miscellaneous
Corporation to keep records of persons registered under Administration Act
(1) The Corporation shall maintain, in relation to each relevant section of the Administration Act and in relation to each State, an up to date register of all persons who are or have been registered under that section in respect of that State on or after 1 July 1987.
(2) Where a person is, at any time after 1 July 1987, registered in relation to a relevant section and in relation to a State and subsequently ceases to be so registered, the register shall indicate the date when that person so ceased.
(3) A register maintained by the Corporation in accordance with this section shall not be made available for inspection by members of the public.
(4) Where a person:
(a) is or claims to be entitled to a payment in respect of participating wool; and
(b) is or claims to be unable to confirm whether a person who sold, subjected to a process of manufacture or exported that wool on his or her behalf or who purchased that wool from him or her did so in the capacity of a wool-broker, manufacturer, or exporter registered under the Administration Act or in the capacity of a registered wool-dealer, as the case may be;
the first-mentioned person may make a written request of the Corporation that it inform the person whether the registers maintained by it under this section shows the person referred to in paragraph (b) to have been registered in the capacity referred to in that paragraph at the time of the transaction or activity concerned and whether the person so referred to is, at the time of the request, a registered person, and the Corporation shall, unless it has reason to doubt that the inquiry is properly made, inform the person making the inquiry of the matters inquired into.
Remuneration of registered persons making payments under this Part
20. (1) The Corporation shall make payments, in accordance with principles approved by the Minister for the purposes of this regulation, to registered persons in respect of costs incurred by them in and in relation to the payment of refunds, in accordance with this Part, in respect of a period that has been declared under section 50 of the Act to be a refund period or incurred by them in and in. relation to the intended payments of refunds, in accordance with this Part, in respect of a period that is proposed to be so declared, or is part of a period that is proposed to be so declared.
(2) Where:
(a) a period is declared under section 50 of the Act to be a refund period; or
(b) a period is proposed to be declared under section 50 of the Act to be a refund period;
the relevant organisations shall, subject to subregulation (3), make a joint submission to the Minister concerning the principles that the Minister should approve for the purposes of this regulation in respect of costs incurred in respect of that period.
(3) If a relevant organisation informs the Minister that the relevant organisations are unable to make a joint submission in accordance with subregulation (2), the Minister may, if the Minister thinks fit, appoint a person as an arbitrator in relation to the principles that should be approved for the purposes of this regulation.
(4) An arbitrator shall:
(a) have such consultations and conduct such enquiries as the arbitrator thinks necessary in order to settle the matters in dispute; and
(b) upon making a decision in relation to the matters in dispute, give to the Minister a written report setting out the principles that, in the arbitrator’s opinion, the Minister should approve for the purposes of this regulation.
(5) The Minister, in approving principles for the purposes of this section, shall have regard to:
(a) any joint submission made to the Minister pursuant to subregulation (2);
(b) any report given to the Minister pursuant to subregulation (4); and
(c) such other matters as the Minister considers appropriate.
(6) Where there has been an arbitration in relation to principles to be approved for the purposes of this section:
(a) the Corporation shall pay the arbitrator’s fees;
(b) the Wool Council of Australia shall reimburse the Corporation to the extent of an amount equal to one half of the amount of those fees; and
(c) in the principles that the Minister so approves, the Minister shall make provision for the amounts paid to registered persons under subregulation (1) to be reduced in such a manner that the sum of the amounts that, but for this paragraph, would have been payable to those persons under subregulation (1) in accordance with the principles so approved is reduced by an amount equal to one half of the amount of those fees.
(7) In this section, “relevant organisation” means:
(a) the Wool Council of Australia; and
(b) any other organisation that is declared by the Minister, by notice in writing in the Gazette, to be a relevant organisation representing the interest of registered persons for the purposes of this regulation.
Persons paying wool tax to furnish details to Corporation in relation to each financial year
21. (1) A registered person who, in the capacity of a registered person has dealt with wool during a financial year that ends after 30 June 1986, shall, within the period of one month, or such longer period (if any) as the Corporation allows, after the expiration of that financial year:
(a) give to the Corporation in accordance with a form approved by the Corporation for the purposes of this regulation, a return setting out such prescribed information in respect of all wool dealt with by the registered person during that financial year as is in the possession or under the control of that registered person; and
(b) where the person is unable to give some or all of the prescribed information in respect of any of that wool—give to the Corporation a statement, in writing, that he or she is unable to give that
information and setting out particulars of the reasons why he or she is unable to give that information.
Penalty: $1,000.
(2) In this regulation, a reference to the prescribed information shall be read as a reference to the following information:
(a) the name and address of the person:
(i) from whom the registered person purchased the wool; or
(ii) on whose behalf the registered person sold or exported the wool or subjected the wool to a process of manufacture;
as the case requires;
(b) the distinguishing number (if any) assigned by the registered person to that person;
(c) whether that person was the producer of the wool;
(d) the value, for the purposes of the calculation of the amount of wool tax imposed on the wool, of the wool;
(e) either:
(i) the amount of wool tax imposed on the wool; or
(ii) the amount equal to such percentage of the sale value of the wool as is equal to the percentage determined by the Wool Council pursuant to paragraph 46 (1) (b) of the Act that is applicable in relation to the sale value of wool on which tax was imposed by a Wool Tax Act during the year to which the return relates.
(3) Where a registered person has, whether before or after the commencement of this subregulation, acquired possession or control of the records of another person who was, but who subsequently ceased to be, a registered person, relating to the acts or things done by the other person in relation to wool during a financial year that ended or ends after 30 June 1987, being acts or things by virtue of the doing of which the other person would, if he or she had not ceased to be a registered person, be taken to have dealt with that wool in his or her capacity as a registered person during that year, subregulation (1) applies to the first-mentioned registered person:
(a) if the first-mentioned person acquired possession or control of the records before the end of that year—as if he or she were the registered person who, by virtue of the doing of those acts or things, had dealt with the wool in the capacity of a registered person during that year;
(b) if the first-mentioned registered person acquired possession or control of the records after the end of that year but before subregulation (1) has been complied with in respect of that year—as if he or she were the registered person who, by virtue of the doing of those acts or things, had dealt with the wool in the capacity of a registered person during that year and as if the reference to one month in
subregulation (1) were a reference to one month after he or she acquired possession or control of the records; or
(c) if the first-mentioned registered person acquired possession or control of the records after the expiration of that year and after subregulation (1) has been complied with in respect of that year-as if he or she were the registered person who, by virtue of the doing of those acts or things, had dealt with the wool in the capacity of a registered person during that year and as if he or she were the registered person who had complied with subregulation (1).
(4) Nothing in subregulation (3) shall be taken to render a registered person liable to conviction in respect of an act or omission of another registered person in respect of an obligation imposed upon that other registered person by subregulation (1).
(5) In any proceedings for an offence against subregulation (1) a certificate in writing under the seal of the Corporation stating that the Corporation did not receive from a person who failed to give information that he or she was required to give under paragraph (1) (a) a statement under paragraph (1) (b), in relation to that failure is evidence that that information was in the possession or under the control of that person.
(6) For the purposes of this regulation, a registered person shall be taken to have dealt with wool if and only if:
(a) in his or her capacity as a wool-broker, he or she has sold wool;
(b) in his or her capacity as a registered wool-dealer, he or she has purchased wool from a person other than a wool-broker;
(c) in his or her capacity as a manufacturer, he or she has purchased wool from a person other than a wool-broker or a registered wool-dealer;
(d) in his or her capacity as a manufacturer, he or she has subjected wool (not being wool purchased by him or her) to a process of manufacture; or
(e) in his or her capacity as a registered exporter, he or she has exported wool from Australia;
and the wool so sold, purchased, subjected to a process of manufacture or exported by him or her was not wool on which wool tax had already been paid.
Registered person to account to Corporation
22. (1) A registered person shall account to the Corporation, in the manner and at the times required by the Corporation by notice in writing, in respect of moneys provided to the person by the Corporation for the purpose of payments in respect of participating wool.
(2) A registered person shall, if required by the Corporation by notice in writing to do so, submit the books and accounts relating to the performance of the functions of that registered person in effecting payments in respect of
participating wool on behalf of the Corporation to the Corporation for audit by the Corporation.
Penalty: $1,000.
Access to premises
(1) An authorised person may:
(a) enter upon or into premises;
(b) search the premises for examinable documents; and
(c) inspect, take extracts from, and make copies of, examinable documents;
but only if the entry, inspection, taking of extracts or making of copies, as the case requires, is made:
(a) with the consent of the occupier of the premises; or
(b) under a warrant issued under subregulation (3).
(2) Where an authorised person has reasonable grounds for suspecting that there are on particular premises examinable documents, the authorised person may make application to a magistrate for a warrant authorising the authorised person to:
(a) enter upon or into premises;
(b) search the premises for examinable documents; and
(c) inspect, take extracts from, and make copies of, examinable documents.
(3) If, on an application under subregulation (2), the Magistrate is satisfied by information on oath or affirmation:
(a) that there is a reasonable ground for suspecting that there are on the premises to which the application relates any examinable documents; and
(b) that the issue of the warrant is reasonably required for the purposes of this Part;
the Magistrate may grant a warrant authorising the authorised person, with such assistance as is reasonable and necessary, to:
(c) enter upon or into premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, using such force as is necessary and reasonable;
(d) search the premises for examinable documents; and
(e) inspect, take extracts from, and make copies of, examinable documents.
(4) In this regulation:
“authorised person” means:
(a) a person apppointed by the Minister, by instrument in writing, to be an authorised person for the purposes of this regulation; or
(b) a person included in a class of persons appointed by the Minister, by instrument in writing, to be authorised persons for the purposes of this regulation;
“examinable documents” means any books, documents or papers relating to the sale or purchase of wool, the subjecting of wool to a process of manufacture or the export of wool or to other matters relevant to the operation or administration of this Part.
Destruction of records
(1) This regulation applies to any person who is, or has been at any time after the commencement of this regulation, a registered person.
(2) A person to whom this regulation applies shall not:
(a) destroy a relevant record otherwise than with the consent of the Corporation; or
(b) part with the possession or control of a relevant record otherwise than in accordance with the instructions of the Corporation.
(3) For the purposes of subregulation (2), a relevant record is any book, document, paper or other record that is in the possession or control of a person to whom this regulation applies and that relates to:
(a) wool that is participating wool in respect of a financial year and in relation to which a refund under this Part has become or may, at some future time, become payable by that person on behalf of the Corporation; or
(b) the payment of moneys (including the payment of moneys under this Part) in connection with any such wool.
Penalty: $1,000.
Persons who become registered persons again after ceasing to be registered persons
Where a person who is a registered person ceases to be a registered person but subsequently becomes a registered person again, the provisions of this Part apply to that person as if, when that person again becomes a registered person, he or she were a registered person other than the first-mentioned registered person.
PART III—SAMPLING SITES
Interpretation
In this Part, unless the contrary intention appears:
“inspector” means a person appointed to be an inspector under subregulation 38 (1);
“I.W.T.O. Certificate” means a certificate of the kind known as an I.W.T.O. Test Certificate;
“operator”, in relation to a registered sampling site, means the person on whose application the site was registered;
“registered” means registered under this Part;
“Secretary” means the Secretary of the Department;
“statement of methods”, in relation to a sampling site in respect of which an application has been made for registration or to a registered sampling site, means the statement referred to in regulation 27.
Application for registration of sampling site
Application for the registration of a sampling site shall be made by lodging with the Secretary:
(a) an application in writing signed by the applicant:
(i) setting out particulars of the sampling site to which the application relates; and
(ii) having annexed to it a statement signed by the applicant and setting out particulars of:
(A) the processes to be carried out in the drawing of samples of wool at the sampling site;
(B) the buildings and equipment to be used at that site in connection with the drawing, handling and storing of samples of wool;
(C) the methods by which samples drawn at that site will be identified with the lots of wool from which the samples were taken;
(D) the records that will be kept in relation to the drawing of samples at that site; and
(E) the number and qualifications (if any) of the staff to be employed in connection with each operation to be performed at that site in the drawing, handling or storing of samples of wool; and
(b) the prescribed application fee.
Inspection of proposed sampling site
Where application has been made for registration of a sampling site, the Secretary may:
(a) direct an inspector to inspect the sampling site; and
(b) decline to deal further with the application until the site has been inspected.
Registration
Subject to regulations 28 and 30, where application for registration of a sampling site under this regulation has been duly made the Secretary shall register the sampling site.
Criteria for registration
The Secretary shall not register a sampling site unless:
(a) the statement of methods shows that grab samples of greasy wool submitted for core sampling at the site will be drawn only at the site;
(b) the buildings and equipment at the site correspond with the particulars given in the statement of methods for the purpose of regulation 27;
(c) the drawing of core samples of greasy wool at the site in accordance with the statement of methods would produce samples suitable for testing for the purpose of the issue of I.W.T.O. Certificates; and
(d) the statement of methods makes adequate provision to ensure that each sample (whether a core sample or a grab sample) of wool drawn at the site will be representative of, and so marked or recorded as to be capable of being identified with, the lot of wool from which the sample was drawn.
Notice of operations at sampling site
(1) The Secretary may, by notice in writing given to the operator of a registered sampling site, require the operator to give to the Secretary notice in writing of the days, being days within a period specified in the notice, on which the operator intends to draw samples of greasy wool at the site.
(2) The period to be specified in a notice for the purpose of subregulation (1) shall be a period not exceeding one month and commencing not earlier than 21 days after the date on which the notice is given.
(3) A person to whom a notice is given in pursuant to subregulation (1) shall comply with the requirement of the notice not later than 7 days before the commencement of the period specified in the notice.
Operator to keep records
(1) The operator of a registered sampling site shall keep a record of the number of lots of greasy wool from which core samples were drawn on that site in each financial year, being samples of greasy wool suitable for testing for the purpose of the issue of I.W.T.O. Certificates.
(2) The operator shall forward to the Secretary before the last day of July immediately following the end of each financial year a copy of the record referred to in subregulation (1) kept in relation to that financial year.
Powers of inspectors at sites
(1) Subject to subregulation (3), an inspector may enter a registered sampling site at any reasonable hour of the day.
(2) Subject to this regulation, an inspector who enters a sampling site pursuant to a direction under regulation 28 or pursuant to subregulation (1) is authorised:
(a) to inspect all buildings and equipment at the site;
(b) to inspect samples of wool drawn or stored at the site;
(c) to observe the conduct of any process or operation at the site; and
(d) to inspect and make copies of any books, documents or records kept at the site by the operator of the site and relating to the drawing, handling or sorting of samples of wool drawn at the site.
(3) An inspector is not authorised to remain on a sampling site if, on request by or on behalf of the operator of the site, the inspector fails to produce a certificate issued to the inspector by the Secretary for the purpose of subregulation 38 (2).
Amendment of statement of methods
(1) The operator of a registered sampling site may, at any time, give to the Secretary notice in writing that the operator wishes to amend the statement of methods relating to the site.
(2) An operator who gives notice for the purpose of subregulation (1) shall set out in the notice particulars of the amendment that the operator wishes to make to the statement of methods.
(3) Where:
(a) the operator of a sampling site gives notice under subregulation (1); and
(b) if the operator were an applicant for registration of the site on the basis of the statement of methods as so amended in the manner set out in the notice he or she would be entitled to have the site registered;
the Secretary shall, on receipt of the notice, approve the amendment of the statement of methods in the manner set out in the notice.
(4) Where the Secretary approves the amendment of a statement of methods, the statement shall be deemed to have been amended in the manner approved by the Secretary.
Fees
(1) For the purposes of paragraph 27 (b) the prescribed application fee is $100.
(2) The operator of a registered sampling site shall pay an inspection fee in respect of an inspection or inspections carried out in relation to the site during each financial year.
(3) The fee payable under subregulation (2), in respect of the inspection of a sampling site during a financial year is:
(a) the amount calculated by multiplying the sum of 51 cents, or such lower amount as is for the time being declared by the Minister by notice published in the Gazette to be the relevant amount for the purposes of this paragraph, by the number of lots of greasy wool from which core samples are drawn during the financial year at the
site, being samples of greasy wool that were suitable for testing for the purpose of the issue of I.W.T.O. certificates; or
(b) $100;
whichever is the greater.
(4) A fee referred to in subregulation (2) becomes payable at the expiration of a period of one month after notice in writing of the amount of the fee is given by the Secretary to the operator of the sampling site to which the fee relates.
(5) A fee payable under subregulation (2):
(a) shall be paid to the Secretary; and
(b) if not so paid, is recoverable by the Commonwealth as a debt due to the Commonwealth.
Cancellation of registration
36. (1) Subject to this regulation, where:
(a) the operator of a registered sampling site fails to comply with a requirement given under subregulation 31 (1) or to comply with regulation 32;
(b) any process or operation is performed at a sampling site otherwise than in accordance with the statement of methods relating to the site;
(c) the operator of a registered sampling site fails to pay an inspection fee in accordance with regulation 35;
(d) the operator of a registered sampling site is not entitled to control the operations carried on at the site in connection with the sampling of wool; or
(e) the operator of a registered sampling site has, by notice in writing given to the Secretary, requested that the registration of the site be cancelled;
the Secretary may, by decision in writing, cancel the registration of the site.
(2) The Secretary shall not cancel the registration of a sampling site on the ground specified in paragraph (1) (a), (1) (b) or (1) (d) unless:
(a) the Secretary has given to the operator of the sampling site notice in writing specifying the ground on which the Secretary proposes to cancel the registration and inviting the operator to show reasonable cause why the registration should not be cancelled; and
(b) a period of 14 days has elapsed since that notice was given.
(3) The Secretary shall not cancel the registration of a sampling site on the ground specified in paragraph (1) (c) unless:
(a) the Secretary has given to the operator of the sampling site notice in writing that, unless the inspection fee is paid within a period of 14 days after the day on which the notice is given, the Secretary will cancel the registration of the site;
(b) the period specified in the notice has expired; and
(c) the inspection fee has not been paid to the Secretary.
(4) The cancellation of the registration of a sampling site on the ground specified in paragraph (1) (a), (1) (b) or (1) (d) takes effect on the date specified in a notice given for the purpose of subregulation (2), being a date not earlier than the date on which the notice is given.
(5) The cancellation of the registration of a sampling site on the ground specified in paragraph (1) (c) or (1) (e) takes effect at the expiration of the date on the day immediately following the date of the decision.
(6) Where the registration of a sampling site is cancelled, regulation 35 continues to apply in relation to the inspection of the sampling site before the cancellation of the registration, as if:
(a) the registration of the site had not been cancelled; and
(b) the period from the commencement of the financial year in which the registration was cancelled to and including the day on which the cancellation took effect were a financial year.
Notice of registration etc.
Where the Secretary:
(a) registers a sampling site; or
(b) approves the amendment of a statement of methods;
the Secretary shall give to the applicant for the registration or of approval notice in writing of the registration of the site or the approval of the amendment, as the case may be.
Inspectors
38. (1) The Secretary may appoint such persons as the Secretary thinks fit to be inspectors for the purposes of these Regulations.
(2) The Secretary shall give to each person appointed under subregulation (1) a certificate signed by the Secretary and stating that the person is an inspector for the purpose of these Regulations.
Giving of notices
Without prejudice to any other method of giving notice:
(a) a person may give a notice to the Secretary by sending the notice by post addressed to the Secretary at an office of the Department in the State of New South Wales; and
(b) the Secretary may give a notice to a person by sending the notice by post addressed to the person at the last-known place of residence or business of that person.
Delegation
40. (1) The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Secretary, delegate
any of the powers of the Secretary under these Regulations, other than this power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by the Secretary.
(3) A delegation under this regulation does not prevent the exercise of a power by the Secretary.
Transitional
(1) In this regulation, a reference to the former Regulations shall be read as a reference to the Wool Industry (Sampling Sites) Regulations made under the Wool Industry Act 1972 as in force immediately before the commencement of these Regulations.
(2) An application to register a sampling site lodged under regulation 5 of the former Regulations and accompanied by the fee payable under those Regulations shall be dealt with by the Secretary as if it were an application lodged under regulation 27.
(3) A site that was registered as a sampling site under regulation 7 of the former Regulations immediately before the commencement of these Regulations shall be deemed to have been registered as a sampling site under regulation 29.
(4) A notice that an operator of a registered sampling site wishes to amend the statement of methods relating to the site received by the Secretary under regulation 11 of the former Regulations shall be dealt with by the Secretary as if it were a notice received under regulation 34.
(5) A notice that an operator of a registered sampling site requests that the registration of the site be cancelled received by the Secretary under paragraph 13 (1) (e) of the former Regulations shall be dealt with by the Secretary as if it were a notice received under paragraph 36 (1) (e).
(6) A person appointed under regulation 16 of the former Regulations to be an inspector shall be deemed to have been appointed under regulation 38 and a certificate issued under subregulation 16 (2) shall have effect as if it were a certificate issued under regulation 38 (2).
(7) A delegation under regulation 18 of the former Regulations continues in force as if it were a delegation under regulation 40 of these Regulations.
PART IV—LIABILITY TO TAXATION
Liability to State pay-roll tax
Subsection 121 (2) of the Act does not apply in relation to taxation under any of the following laws or under any of those laws as amended and in force from time to time:
(a) Pay-roll Tax Act, 1971 of the State of New South Wales;
(b) Pay-roll Tax Act 1971 of the State of Victoria;
(c) Pay-roll Tax Act 1971 of the State of Queensland;
(d) Pay-roll Tax Act, 1971 of the State of South Australia;
(e) Pay-roll Tax Act, 1971 of the State of Western Australia;
(f) Pay-roll Tax Act 1974 of the State of Tasmania.
PART V—REVIEW OF DECISIONS
Review of decisions of Corporation
(1) Application may be made to the Administrative Appeals Tribunal for the review of a decision made by the Corporation under subregulation 13 (5).
(2) In subregulation (1), “decision” has the same meaning as in the Administrative Appeals Tribunal Act 1975.
Review of decisions of Secretary
(1) Application may be made to the Administrative Appeals Tribunal for the review of a decision of the Secretary:
(a) refusing to register a sampling site;
(b) refusing to approve an amendment of the statement of methods relating to a registered sampling site; or
(c) cancelling the registration of a sampling site on the ground specified in paragraph 36 (1) (a), (b) or (d).
(2) In subregulation (1), “decision” has the same meaning as in the Administrative Appeals Tribunal Act 1975.
Statement to accompany notice of decision
(1) Where the Corporation makes a decision referred to in regulation 43 and gives to any person whose interests are affected by the decision notice in writing of the making of the decision, the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person to whom the notice is addressed.
(2) Where the Secretary makes a decision referred to in regulation 44, the Secretary shall cause a notice in writing to be given to any person whose interests are adversely affected by the decision:
(a) setting out the decision, the day on which the decision takes effect and the reasons for the decision; and
(b) including a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person to whom the notice is addressed.
(3) Any failure to comply with the requirements of subregulation (1) or paragraph 2 (b) in relation to a decision does not affect the validity of the decision.
NOTE
1. Notified in the Commonwealth of Australia Gazette on 25 June 1987.