Commonwealth Numbered Regulations - Explanatory Statements

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WOOL RESEARCH AND DEVELOPMENT CORPORATION REGULATIONS (AMENDMENT) 1991 NO. 227

EXPLANATORY STATEMENT

STATUTORY RULES 1991 No. 227

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

PRIMARY INDUSTRIES AND ENERGY RESEARCH AND DEVELOPMENT ACT 1989

Wool Research and Development Corporation Regulations (Amendment).

Section 149 of the Primary Industries and Energy Development Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The Regulations make amendments to the Wool Research and Development Corporation Regulations.

Section 30B(3) of the Act concerns the payment to the Research and Development Corporation of wool tax received by the Commonwealth. Section 147A enables transitional and consequential provisions to be made which arise from the repeal of the Wool Marketing Act 1987, the establishment of the Australian Wool Realisation Commission, and the establishment of the new Australian Wool Corporation. The regulations provide:

(a)       a prescribed percentage of wool tax received by the Commonwealth may be paid to the Wool Research and Development Corporation; and

(b)       transitional arrangements for the purposes of agreements or instruments relating to research and development, the 5 year research and development plan and the annual research and development program.

The details of the Regulations are as follows:

Clause 1 provides for the commencement of the Regulations on 1 July 1991.

Clause 2 provides for the amendment of the Wool Research and Development Corporation Regulations.

Clause 3 inserts two new definitions in Regulation 3.

Clause 4 provides for the omission of Regulation 6 and substitutes a new provision for the purposes of subsection 30B(3) of the Act. This provision provides the percentage of wool tax receipts which will be allocated to the Wool Research and Development Corporation.

Clause 5 provides for a new Regulation 7 to be inserted after Regulation 6. The Wool Research and Development Corporation is substituted as a party for the Wool Corporation in respect of any agreements or instruments relating to research and development to which the Wool Corporation was a party prior to the repeal of the Wool Marketing Act 1987.

Clause 6 provides for a new Regulation 8 to be inserted after Regulation 7, providing for the current 5 year research and development plan made by the Wool Research and Development Council to continue until changed or replaced by the Wool Research and Development Corporation.

Clause 7 provides for a new Regulation 9 to be inserted after Regulation 8, providing for the 1991-92 research and development program prepared by the Wool Research and Development Council to be treated as the 1991-92 program for the Wool Research and Development Corporation.

The Regulations commence retrospectively on 1 July 1991.

The wool tax is collected under the Wool Tax (Administration) Act 1964 and the intent is that part of that tax is to be apportioned to the Wool Research and Development Corporation by the Commonwealth. Under current legislation there is no provision for the Commonwealth to effect this apportionment, although apportionments to the Australian Wool Realisation Commission and the Australian Wool Corporation may occur. This situation has occurred due to an administrative oversight. This amendment regulation addresses that oversight and provides for transitional arrangements from the former organisation to the new Wool Research and Development Corporation.

Advice received from the Attorney-General's Department indicates that the retrospective effect of these amending regulations does not offend section 48(2) of the Acts Interpretation Act 1901 and they can be made.


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