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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
This Act sets out how a tax on wool (the taxes created in the separate Wool Tax Acts) is to be administered, collected and enforced. Mechanically it does these things:
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Direct links to the current provisions in Wool Tax (Administration) Act 1964.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Officially stated purposes (implicit in the structure): to provide administrative machinery for collection and enforcement of wool taxes (see s9 and the overall package of registration, certificates, appraisement and returns). The Act also establishes how appraisement interacts with tax liabilities (ss17–20, 19). These are the formal aims as implemented by the provisions above.
Testing the stated purpose against costs, incentives and trade‑offs (source‑grounded observations)
Who pays and transfers the cost: the primary economic incidence falls on the person liable under the liability rules (owners, purchasers, exporters depending on transaction type) (s11). Where intermediaries act (brokers, dealers, manufacturers) they are required to pay the tax to the Commissioner but may recover those amounts from the principal or retain funds due to the principal (s12). That creates clear incentives for intermediaries to collect and withhold amounts at the point of sale or processing (s12).
Administrative and compliance burden on private parties: the Act requires multiple registrations (ss13–16, 16A), regular returns within 21 days after month end (ss28–32), certificate handling and retention (ss20–22B, 26–27), and five‑year record retention (s89). Ship’s agents must keep export certificates for five years and produce them on request (s27(2)). These are recurring tasks that impose time and record‑keeping costs on businesses and agents.
Discretion and centralisation of decision‑making: the Commissioner has significant discretionary powers — to determine fair sale values when unsatisfied (s10(3)–(4)), to require information and compel attendance and documents (s34), to make assessments including default assessments (ss39–41), to remit penalty tax (s61(6)), and to treat appraisement arrangements (s10(1)(d), (e)). The Australian Wool Board controls appraisement places and certificates (ss17–19). Those centralised powers concentrate decision authority in administrative offices and a statutory board.
Compliance risks and criminal exposure: several offences are strict liability (e.g. registration offences ss13(1), 14(1), 15(1), 16(1); certificate and scouring requirements ss21, 22, 23, 24, 25, 26, 27), increasing legal risk for operators who fail to meet procedural requirements even without intent (see notes accompanying those sections). The Criminal Code applies for culpability assessments (s4A).
Incentive effects on contracting and market behaviour: because intermediaries can recover or retain tax amounts (s12), market contracts will likely reflect the tax as a pass‑through cost. The Commissioner’s power to determine sale value (s10(3)) and the requirement for appraisement certificates (ss19, 20) create an incentive for parties to obtain appraisements or prescribed certificates to avoid later dispute, and to structure sales to produce clear documentary evidence (ss21–22B, 26). The specific definition and treatment of carpet wool (s4(1)) and skin wool (ss4(1), 20(2), 25) create circumstance‑specific tax treatments that can affect how wool is sold and processed.
Enforcement and collection mechanics: assessments, default assessments and notices are the primary enforcement tools (ss39–42). Unpaid tax attracts the general interest charge (s38). The Commissioner has powers to obtain evidence (s34) and access premises and books (s90), which supports enforcement but imposes intrusion and administrative costs on businesses.
Concentrated benefits, diffuse costs and capture risk: within the Act the major administrative roles are assigned to the Commissioner and the Australian Wool Board (s5; ss17–19). The Act does not in itself state to whom revenue is paid, but the administration structure concentrates decision rights and certificate authority with those bodies, which may create implementation dependence on those agencies' capacity.
Implementation risk and substitution effects: mandatory registrations, certificates and appraisements create operational dependencies — if appraisement places are not available or the Australian Wool Board cancels registrations (s18), transactions may be delayed or must rely on arrangements with the Commissioner (s24(3), s25(3), s10(1)(d)/(e)). Exporters and manufacturers who do not hold prescribed certificates face criminal penalties and potential additional tax (ss24–26, 61).
Sections you will want to read first if you use or administer the law: s4 (definitions); s5 (who administers the Act); ss13–16 and 16A (registration obligations); ss19–22B and 26–27 (appraisement and certificate rules); s10 (how sale value is worked out and Commissioner’s power to determine a fair price); ss28–33 and 89–90 (returns, records and access); ss36–42 and 61 (due dates, assessments, interest and penalty tax).