Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN WOOL REALISATION COMMISSION (TRANSITIONAL PAYMENTS ARRANGEMENTS) REGULATIONS 1991 NO. 250

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 250

Issued by the Authority of the Minister for Primary Industries and Energy

AUSTRALIAN WOOL REALISATION COMMISSION ACT 1991 AND

AUSTRALIAN WOOL CORPORATION ACT 1991

Australian Wool Realisation Commission (Transitional Payments Arrangements) Regulations

Section 72 of the Australian Wool Realisation Commission Act 1991 (the Commission Act) and Section 94 of the Australian Wool Corporation Act 1991 (the Corporation Act) provide that the Governor-General may make regulations for the purposes of the Acts.

Section 83 of the Commission Act together with Section 99 of the Corporation Act enable regulations to be made for transitional matters as a result of repeal of the Wool Marketing Act 1987 (the repealed Act) and enactment of the Commission Act, the Corporation Act and the establishment of the Wool Research and Development Corporation (WRDC) under the Primary Industries and Energy Research and Development Act 1989. Under this legislation the Australian Wool Corporation was abolished and its remaining functions divided between three new bodies the Australian Wool Realisation Commission (AWRC), the WRDC and a new Australian Wool Corporation (AWC).

Under the repealed Act, the Commonwealth was required to pay wool tax moneys it had received to the then Australian Wool Corporation for the purposes of the Corporation and also to pay moneys to match expenditure from the Wool Research and Development Fund. The repealed Act was repealed on 1 July 1991 and, immediately before that date, there were payments due to the then Australian Wool Corporation which had not been made by the Commonwealth. The payments were made to that Corporation's successor organisation, the AWRC, after 1 July 1991 under Section 8 of the Acts Interpretation Act 1901. The proposed regulations require the AWRC to pay relevant portions of such payments to the WRDC and the AWC.

The details of the regulations are as follows:

Clause 1 provides for the citation of the regulations

Clause 2 provides for the commencement of the regulations

Clause 3 requires the AWRC to transfer to the WRDC that part of the wool research and development portion of the wool tax and the Commonwealth's matching research and development money, both of which had not been paid by the Commonwealth immediately before 1 July 1991 but have been paid to the AWRC subsequent to that date.

Clause 4 requires the AWRC to transfer to the AWC the promotion and other purposes portion of the wool tax which had not been paid by the Commonwealth immediately prior to 1 July 1991 but has been paid to the AWRC subsequent to that date and, and had not the repealed Act been repealed, would have formed part of the funds in the Promotion Reserve or General Reserve.

The proposed regulations are to commence retrospectively on 1 July 1991, which is the same date of repeal of the repealed Act and the commencement of the new legislation relating to the wool industry.

The proposed regulations were not made prior to 1 July 1991 because of the limited time available between date of passage and Royal Assent of the new wool legislation in June 1991 and the start up date for the new legislation, coupled with an administrative oversight in preparing the transitional arrangements. Advice from Attorney-General's Department indicates that the retrospective effect of the regulations does not offend Section 48(2) of the Acts Interpretation Act 1901 and they can be made.


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