Commonwealth Numbered Regulations

1987 No. 132 WOOL MARKETING REGULATIONS - REG 11

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.