Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Wool Research and Promotion Organisation Amendment Bill
1998
No. ,
1998
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to amend the
Australian Wool Research and Promotion Organisation Act 1993, and for
related purposes
ISBN: 0642 377650
Contents
A Bill for an Act to amend the Australian Wool
Research and Promotion Organisation Act 1993, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Wool Research and Promotion
Organisation Amendment Act 1998.
(1) Subject to subsections (2) and (3), this Act commences on the day on
which it receives the Royal Assent.
(2) The items of Schedule 1 commence on a day or days to be fixed by
Proclamation.
(3) If an item to which subsection (2) applies does not commence within 6
months after the day on which this Act receives the Royal Assent, that item
commences on the first day after the end of that period.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Subsection 4(1)
Insert:
Australian Interior Textile and Carpet Wool Council means the
association incorporated under the name Australian Interior Textile and Carpet
Wool Council Incorporated under the Associations Incorporation Act 1981
of Victoria.
2 Subsection 4(1) (paragraph (b) of the
definition of generic promotion)
Repeal the paragraph, substitute:
(b) the provision of technical services (including technical advisory
services) to textile processors, manufacturers and retailers for the purpose of
encouraging the use of, and innovation in the processing of, wool, wool products
and wool blend products; and
(ba) the provision of information relating either to the market for, or to
marketing opportunities in relation to, wool, wool products and wool blend
products; and
3 Subsection 4(1)
Insert:
Wool Council of Australia means the association incorporated
under the name Wool Council of Australia Incorporated under the Associations
Incorporation Act 1991 of the Australian Capital Territory.
4 Subsection 4(1) (definition of wool-tax
payer)
Omit all the words after “means a person”,
substitute:
who has paid wool tax incurred by the person during at least one of the
following financial years:
(c) the financial year immediately preceding the particular financial
year;
(d) the financial year immediately preceding that preceding financial
year.
5 After paragraph 7(2)(a)
Insert:
(ab) to sell, or enter into other commercial arrangements for the
provision of, any technical services or market information; or
6 Section 11
Repeal the section, substitute:
The Organisation must, when preparing a corporate plan, consult
with:
(a) the Wool Council of Australia; and
(b) the Australian Interior Textile and Carpet Wool Council;
in relation to that plan.
7 After paragraph 23(2)(a)
Insert:
(aa) a motion that a matter be considered by the Organisation;
8 At the end of section 23
Add:
(3) If a motion that a matter be considered by the Organisation is put and
passed at an annual general meeting, the Organisation must consider that matter
but is not obliged to take any particular action as a result of that
consideration.
9 Paragraph 28(1)(d)
Omit “6”, substitute “8”.
10 After subsection 28(1)
Insert:
(1A) The Chairperson must have, or have had, involvement in wool
production and must also have:
(a) appropriate board experience; and
(b) qualifications relevant to, or experience in, one or more of the
fields referred to in paragraph (2)(b), (c), (d), (e) or (f).
11 Subsection 28(2)
Omit “The members”, substitute “Subject to subsection
(2A), the members”.
12 After subsection 28(2)
Insert:
(2A) Of the members referred to in paragraph (1)(d):
(a) at least 4 must have experience in wool production and also have
qualifications relevant to, or experience in, one or more of the fields referred
to in paragraph (2)(b), (c), (d), (e) or (f); and
(b) at least one of the persons referred to in paragraph (a) must have
significant knowledge of the production or processing of non-apparel
wool.
13 Subsection 37(2)
Repeal the subsection, substitute:
(2) A selection committee is to consist of:
(a) a presiding member; and
(b) the Chairperson of the Organisation; and
(c) 2 members nominated by the Wool Council of Australia after
consultation with the Australian Interior Textiles and Carpet Wool Council;
and
(d) a member who has qualifications relevant to, or experience in, one of
the fields referred to in paragraph 28(2)(b), (c), (d), (e) or (f);
appointed by the Minister in writing.
14 Paragraph 51(7)(a)
Repeal the paragraph, substitute:
(a) the making of a recommendation to be submitted by the Organisation to
a ballot (including the manner in which a recommendation may be proposed by
another person or body and adopted by the Organisation before submitting it to a
ballot);
15 Paragraphs 51(7)(g) and
(h)
Repeal the paragraphs, substitute:
(g) the method and procedure for determining the outcome of a ballot
(including the method of determining the outcome of a ballot where several
recommendations are submitted to a ballot).
16 After subsection 51(7)
Insert:
(7A) To avoid doubt:
(a) nothing in this section prohibits the Organisation from submitting one
or a number of alternative recommendations of the kind referred to in paragraph
(3)(a) or (b) to one ballot; and
(b) nothing in this section prohibits the Organisation from submitting
recommendations of the kind referred to in paragraph (3)(a) and recommendations
of the kind referred to in paragraph (3)(b) to one ballot.
(7B) The Organisation must consult with the Wool Council of Australia in
relation to a proposed recommendation before submitting it to a ballot, except
where the proposed recommendation is identical to one which is proposed by that
Council.
17 Subsection 51(11)
Repeal the subsection.
18 Subsection 55(2A)
Omit “of shorn wool produced in Australia in the financial
year”, substitute “for that financial year of shorn wool produced in
Australia”.
19 Subsection 55(4)
Omit “of shorn wool produced in Australia in a financial year”,
substitute “for a financial year of shorn wool produced in
Australia”.
20 Saving provision
(1) Any determination under subsection 55(2A) of the Australian Wool
Research and Promotion Organisation Act 1993, of the gross value of shorn
wool produced in Australia in a particular financial year:
(a) that ended before the commencement of items 18 and 19 of this
Schedule; and
(b) that determined that value not only by reference to shorn wool
produced in Australia in that year but also to shorn wool so produced
in:
(i) the financial year immediately preceding the particular financial
year; and
(ii) the financial year immediately preceding that preceding financial
year;
has effect, and is taken always to have had effect, as if the amendments
made by those items had been in force when the determination was made.
(2) If the Commonwealth, acting on a determination of the kind referred to
in subitem (1), has paid out under subsection 55(1) of the Australian Wool
Research and Promotion Organisation Act 1993 any amount that would be
recoverable, that amount is waived.
21 After section 69
Insert:
(1) The Organisation must establish and maintain a voluntary register of
persons who are, or have recently been, wool-tax payers for the sole purpose of
facilitating the dissemination of information, or the giving of notice, by the
Organisation relating to annual general meetings, ballots and activities of the
Organisation generally.
(2) The use by the Organisation of the Register to disseminate
information, or give notice, in relation to any matter does not affect any other
requirement in this Act, or in regulations made under this Act, relating to the
dissemination of information, or the giving of notice, in relation to that
matter.