Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN WOOL REALISATION COMMISSION (TRANSITIONAL PAYMENTS ARRANGEMENTS)REGULATIONS (AMENDMENT) 1992 NO. 358

STATUTORY RULES 1992 No. 358

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

AUSTRALIAN WOOL REALISATION COMMISSION ACT 1991

AUSTRALIAN WOOL CORPORATION ACT 1991

Australian Wool Realisation Commission (Transitional Payments Arrangements) Regulations (Amendment)

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 GovernorGeneral may make regulations for the purposes of the Acts.

Section 83 of the Commission Act together with section 99 of the Corporation Act enables regulations to be made for transitional or consequential matters as a result of the repeal of the Wool Marketing Act 1987 and the 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. On 1 July 1991 this legislation abolished the former Australian Wool Corporation (former Corporation) and established three new wool industry bodies - the Australian Wool Realisation Commission (AWRC); the WRDC; and the new Australian Wool Corporation (AWC). The AWRC is the legal successor to the former Corporation and took over responsibility for assets, debts and staff of that Corporation.

Many of the staff of the former Corporation on 30 June 1991 were subsequently employed by the WRDC and the AWC and it was intended that appropriate funds for long service leave and recreation leave entitlements for those staff would be transferred from the AWRC to the AWC or WRDC, as appropriate. During audit of the AWRC financial accounts for 1991-92 in September 1992 it became apparent that further regulations were needed to give the necessary power to the AWRC to transfer funds for that purpose. The regulations give that power to the AWRC.

Details of the regulations are as follows:

Regulation 1 provides that the regulations are taken to have commenced on 1 July 1991.

Regulation 2 provides that the Australian Wool Realisation Commission (Transitional Payments Arrangements) Regulations are amended by the regulations.

Regulation 3 inserts a new regulation which

-       enables the AWRC to transfer to the AWC any funds agreed between the AWRC and AWC for leave entitlements of former Corporation staff employed by the AWC

-       enables the AWRC to transfer to the WRDC any funds agreed between the AWRC and WRDC for leave entitlements of former Corporation staff employed by the WRDC

-       defines the terms used.

Advice from Attorney-General's Department indicates that the retrospective effect of the regulations does not offend subsection 48(2) of the Acts Interpretation Act 1901 and they can be made. No person will be adversely affected by the retrospective commencement.