Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN WOOL RESEARCH AND PROMOTION ORGANISATION (POSTAL BALLOTS)REGULATIONS 1997 NO. 217

STATUTORY RULES 1997 No. 217

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

Australian Wool Research and Promotion Organisation Act 1993

Australian Wool Research and Promotion Organisation (Postal Ballots) Regulations

The objective of the Australian Wool Research and Promotion Organisation Act 1993 (the Act) is to improve the performance of the Australian wool industry by improving the application of funding for wool promotion and research and development relating to wool and the wool industry.

The Act provides for the conduct of ballots of wool-tax payers to determine the rate of wool tax paid in respect of research and development and promotion for a triennium. The first triennium ended on 30 June 1997 and the current rates continue until the outcome of a ballot.

The Regulations provide for the conduct of ballots under the Act with the outcome determined by a majority of votes cast. Voting entitlements are determined on the basis of one vote for each $100, or part thereof, of wool tax paid in the previous financial year in respect of those growers who give notice of their intention to take part and provide details of their wool tax payments. The Regulations are designed to allow the concurrent issue of notices for an annual general meeting of wool-tax payers under the Australian Wool Research and Promotion (AGM) Regulations.

Whereas the Act provides for consultations with the Wool Council of Australia on the recommendation to by put to growers, the Regulations also provide for consultations with the Australian Interior Textile and Carpet Wool Council in relation to recommendations in relation to carpet and interior textile wools.

Details of the Regulations are set out below:

Regulation 1 cites the Regulations as the Australian Wool Research and Promotion Organisation (Postal Ballots) Regulations.

Regulation 2 defines "the Act", "ballot day" and "recorded wool-tax payer" for the purposes of the Regulations.

Regulation 3 provides for the issue of notices informing wool-tax payers of the date and details of ballots at least 70 days prior to the ballot day.

Regulation 4 requires persons intending to participate in a ballot to give formal notice of their intention to participate and provide their names, addresses and wool-tax payment details to the Organisation at least 49 days before the ballot day. This information can also be combined with a notice to participate in an annual general meeting of wool-tax payers.

Regulation 5 requires the Organisation to determine whether persons are wool-tax payers for the purposes of the Act and to record their details. Where a person is determined to not be a wool-tax payer the Organisation must inform them in writing.

Regulation 6 provides authority for the Organisation to seek further details from a wooltax payer in order to determine they are a wool-tax payer.

Regulation 7 provides penalties for persons providing false or misleading information.

Regulation 8 provides for consultations with the Australian Interior Textile and Carpet Wool Council on recommendations relating to interior textile or carpet wools. Similar consultations with the Wool Council of Australian are stipulated under the Act in respect of shorn wools.

Regulation 9 provides for the issue to wool-tax payers of ballot papers, details of the recommendation to be considered and returning details, not less than 42 days prior to the ballot day.

Regulation 10 sets out the manner of calculating wool-tax payer ballot voting entitlements.

Regulation 11 requires the appointment of an independent person to count the votes cast, in the presence of an independent witness.

Regulation 12 provides for recommendations receiving a majority of votes cast to be approved. In the event a recommendation does not receive a majority, the regulation requires another ballot to be held within 12 months.

Regulation 13 provides for communications, including ballot papers, under the Regulations to also be lodged by facsimile.

Regulation 14 allows for the review of decisions under the Regulations under the Administrative Appeals Tribunal Act 1975.

The regulations commence on gazettal.