WOOL (DEFICIENCY PAYMENTS) ACT 1971 [Note: This Act is "repealed" by Act No. 61 of 1981]
(#DATE 19:12:1973)
Compilation Information
- Reprinted as at 19 December 1973
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - TABLE OF PROVISIONS
TABLE
WOOL (DEFICIENCY PAYMENTS) ACT 1971
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Interpretation
5. Agreements for sale of wool
PART II-ENTITLEMENT TO DEFICIENCY PAYMENTS
6. Wool in respect of which deficiency payments payable
7. Excluded inferior wool
8. Allowance for excluded wool in private sale
9. Persons entitled to deficiency payments
10. Appraisement of certain wool
11. Collusive sales
PART III-RATES OF DEFICIENCY PAYMENTS
12. Table of notional prices
13. Determination of percentage rates of deficiency payments
14. Amounts of deficiency payments for wool other than P.A.P. wool
15. Amount of deficiency payment for P.A.P. wool
PART IV-MAKING OF DEFICIENCY PAYMENTS
16. Persons by whom deficiency payments to be made
17. Making deficiency payments by registered persons
18. Interim payments in respect of P.A.P. wool
19. Payment of deficiency payments in special circumstances
PART V-REGISTRATION
20. Registration, and cancellation of registration
21. Appeals
22. Certain duties of registered persons
23. False representation as to registration
PART VI-FINANCE
24. Payments to Commission
25. Commission to provide moneys to registered persons
26. Costs of registered persons
27. Moneys paid to a registered person to be held in trust
28. Appropriation
PART VII-MISCELLANEOUS
29. Functions of Commission
30. False documents, &c.
31. Person receiving payment to which he is not entitled
32. Court may order refunds
33. Access to premises
34. Overpayments
35. Report by Minister
36. Regulations
THE SCHEDULES
FIRST SCHEDULE
Excluded Wool Types
SECOND SCHEDULE
Allowance for Excluded Wool in Private Sales
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - LONG TITLE
SECT
WOOL (DEFICIENCY PAYMENTS) ACT 1971
Title amended by No. 110, 1972, s. 3. An Act to provide for Payments on behalf
of the Commonwealth for the purpose of ensuring a Minimum Standard of
Financial Returns to Producers of certain Australian Wool sold or otherwise
dealt with on or after the second day of July, One thousand nine hundred and
seventy-one, and before the first day of July, One thousand nine hundred and
seventy-three.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - PART I
PART I-PRELIMINARY
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 1.
Short title.
SECT
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Wool (Deficiency Payments) Act 1971.*
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 2.
Commencement.
SECT
2. (1) Subject to this section, this Act shall be deemed to have come into
operation on the second day of July, One thousand nine hundred and
seventy-one.
(2) Without prejudice to the liability of a person under any other law, a
person is not guilty of an offence against this Act by reason only of an act
or omission that took place before the day on which this Act receives the
Royal Assent.*
Section 3 repealed by No. 216, 1973, s. 3.
* * * * * * * *
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 4.
Interpretation.
SECT
Sub-section (1) amended by No. 110, 1972, s. 4.
4. (1) In this Act, unless the contrary intention appears-
''approved auction'' means an auction in respect of which the reserve price
scheme of the Commission is in operation;
''deficiency payment'' means a deficiency payment paid or payable in
accordance with this Act;
''excluded wool'' means wool that is excluded wool in accordance with
section 7 of this Act;
''P.A.P. wool'' means wool that has been identified as wool for marketing
under the price averaging plan conducted by the Commission;
''registered broker'' means a person who is, or persons carrying on business
in partnership who are, registered under this Act as a registered broker;
''registered commission agent'' means a person who is, or persons carrying
on business in partnership who are, registered under this Act as a registered
commission agent;
''registered export agent'' means a person who is, or persons carrying on
business in partnership who are, registered under this Act as a registered
export agent;
''registered merchant'' means a person who is, or persons carrying on
business in partnership who are, registered under this Act as a registered
merchant;
''registered person'' means a registered broker, a registered commission
agent, a registered merchant, a registered wool classing house, a registered
seller by tender or a registered export agent;
''registered seller by tender'' means a person who is, or persons carrying
on business in partnership who are, registered under this Act as a registered
seller by tender;
''registered wool classing house'' means a person who is, or persons
carrying on business in partnership who are, registered under this Act as a
registered wool classing house;
''sale by tender'', in relation to wool, means sale of the wool by
acceptance of a tender submitted upon a public invitation of tenders for the
purchase of the wool;
''the Commission'' means the Australian Wool Commission established by the
Australian Wool Commission Act 1970;
''the prescribed period'' means the period that commenced on the first day
of July, One thousand nine hundred and seventy-two, and ends on the thirtieth
day of June, One thousand nine hundred and seventy-three;
''the producer'', in relation to wool, means-
(a) except where paragraph (b) or (c) of this definition applies-the
person who owns the wool immediately after it is shorn;
(b) where an agreement to sell the wool separately from the sheep was
made before the wool was shorn-the person who owned the sheep immediately
before the sale; or
(c) where a gift of the wool is made before any sale of the wool has
taken place-the person to whom the wool is given,
and, for the purposes of this definition, a person who has rights in the
nature of an equity of redemption in respect of wool or sheep the subject of a
mortgage or other security shall be deemed to be the owner of the wool or
sheep;
''the relevant day'' means-
(a) in relation to a sale of wool other than a sale referred to in the
next succeeding paragraph-the day of the sale;
(b) in relation to a sale of wool by tender through the agency of a
registered seller by tender-the last day on which tenders for the purchase of
the wool could be submitted; and
(c) in relation to the use of wool in manufacture or the exportation of
wool-the day on which the inspection of the wool for appraisement in
accordance with section 10 of this Act took place;
''the sale value'' means-
(a) in relation to a sale of wool by the producer at an approved
auction-
(i) in the case of greasy wool-the auction price; or
(ii) in the case of wool that has been scoured or otherwise
processed-the auction price, less an appropriate deduction in respect of the
cost of the scouring or other processing;
(b) in relation to a sale by tender of wool by the producer through the
agency of a registered seller by tender, or in relation to the use of wool in
manufacture by the producer or the exportation of wool by or on behalf of the
producer-the market value of the wool, as at the relevant day, on an
Australian auction floor basis, less, in the case of wool that was scoured or
otherwise processed by or on behalf of the producer, an appropriate deduction
in respect of the cost of the scouring or other processing;
(c) in relation to a sale of wool by the producer to the Commission, not
being a sale referred to in either of the preceding paragraphs of this
definition-the market value of the wool, as at the date of the sale, on an
Australian auction floor basis, less, in the case of wool that was scoured or
otherwise processed by or on behalf of the producer, an appropriate deduction
in respect of the cost of the scouring or other processing; and
(d) in relation to a sale of wool by the producer, not being a sale
referred to in any of the preceding paragraphs of this definition-the sale
price, less, where the terms of the sale provide for delivery of the wool by
the producer otherwise than at the place of shearing, an appropriate deduction
to reduce the price to a corresponding price for wool delivered at the place
of shearing and, in the case of wool that was scoured or otherwise processed
by or on behalf of the producer, less also an appropriate deduction in respect
of the cost of the scouring or other processing;
''the Secretary'' means the person for the time being occupying, or
performing the duties of, the office of Secretary to the Department of Primary
Industry;
''the table of notional prices'', in relation to wool sold in a particular
week, means the table of notional prices approved by the Minister under
section 12 of this Act, or a revised table of notional prices so approved as
in force during that week;
''week'' means a week commencing on a Monday;
''wool'' means wool shorn from live sheep or lambs in Australia, and
includes any such wool that has been scoured or otherwise processed, but does
not include wool to which a manufacturing operation has been applied.
(2) A reference in this Act to the producer, in relation to wool, shall be
read as including a reference to the personal representative or trustee in
bankruptcy of the producer or of the estate of a deceased producer.
(3) A reference in this Act to the sale or exportation of wool by or on
behalf of the producer shall be read as including a reference to the sale or
exportation of wool by or on behalf of a person exercising rights under a
mortgage, lien, bill of sale or other charge given by the producer by way of
security.
(4) For the purposes of this Act, where wool offered for sale at auction in
any week is not sold by auction but is sold before the end of that week,
through the agency of the broker concerned, by private treaty, the wool shall
be deemed to have been sold at auction, for the private treaty price, on the
day on which it was offered for sale at auction.
(5) For the purposes of the definition of ''the sale value'' in sub- section
(1) of this section, the market value of wool shall be as assessed by the
Commission, on the basis of the appraisement of the wool made by the
Commission, and any deduction required to be made under that definition shall
be determined by the Commission.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 5.
Agreements for sale of wool.
SECT
Substituted by No. 110, 1972, s. 5.
5. For the purposes of this Act, a sale of wool shall be deemed to have
taken place at the time when the agreement for the sale was made.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - PART II
PART II-ENTITLEMENT TO DEFICIENCY PAYMENTS
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 6.
Wool in respect of which deficiency payments payable.
SECT
Sub-section (1) amended by No. 110, 1972, s. 6.
6. (1) Subject to this Act, a deficiency payment under this Act is payable
by the Commonwealth in respect of the production of wool, other than excluded
wool, being-
(a) wool, other than P.A.P. wool, that, during the prescribed period, is-
(i) sold by the producer in Australia at an auction or by means of a
sale by tender; or
(ii) otherwise sold by the producer and delivered in Australia to or as
directed by the purchaser;
(b) wool that, having become P.A.P. wool at any time before the
twenty-second day of June, One thousand nine hundred and seventy-three, upon
its submission to a registered broker or registered wool classing house on
behalf of the producer, is, in the course of realization of the relevant
pool-
(i) sold at an approved auction during the prescribed period; or
(ii) sold to the Commission after the thirtieth day of September, One
thousand nine hundred and seventy-one (whether before or after the end of the
prescribed period);
(c) wool that is used in manufacture in Australia by the producer during
the prescribed period; or
(d) wool that is exported from Australia by or on behalf of the producer,
where the entry of the wool for export under the Customs Act 1901-1971 is made
during the prescribed period.
Amended by No. 110, 1972, s. 6.
(2) A deficiency payment does not become payable by reason of a sale
referred to in paragraph (a) of the last preceding sub-section unless-
(a) the sale is at an auction conducted by a registered broker;
(aa) the sale is a sale by a registered commission agent;
(b) the sale is a sale by tender made through the agency of a registered
seller by tender;
(c) the sale is to a registered merchant or to the Commission; or
(d) where none of the preceding paragraphs of this sub-section applies, the
wool is, whether during or after the prescribed period, delivered (whether or
not by the person who purchased it from the producer) to a registered person.
(3) Where a deficiency payment has become payable in respect of any wool by
reason of an act or transaction, a further deficiency payment is not payable
in respect of the same wool by reason of a subsequent act or transaction.
(4) Where wool has been sold by the producer, whether before or during the
prescribed period, a deficiency payment does not become payable by reason of a
further sale of that wool by that producer.
(5) A deficiency payment is not payable in respect of wool of which a person
carrying on business as a butcher of sheep is the producer unless the sheep
from which the wool was shorn were kept by that person for the purpose of the
production of shorn wool for a period of not less than three months
immediately preceding the day on which the shearing of the wool was
commenced.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 7.
Excluded inferior wool.
SECT
7. (1) Subject to this section, wool that is appraised by the Commission as
wool of any of the types specified in the second column of the First Schedule
to this Act is excluded wool for the purposes of this Act.
(2) Regulations made from time to time under this Act may provide that this
section is to have effect as if the First Schedule to this Act were varied in
the manner provided by the regulations or as if a different Schedule were
substituted for that Schedule.
(3) For the purpose of determining whether any wool (not being wool to which
the next succeeding section applies) is or was excluded wool, regard shall be
had to the regulations made by virtue of this section that have effect, or are
to be deemed to have had effect-
(a) in the case of a sale of P.A.P. wool-on the last day on which wool from
the relevant pool is sold at auction; or
(b) in any other case-on the relevant day.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 8.
Allowance for excluded wool in private sale.
SECT
8. (1) For the purposes of the application of this Act in relation to a sale
of wool other than a sale at an approved auction, to the Commission or by
tender through the agency of a registered seller by tender-
(a) if the percentage ascertained in relation to the sale in accordance
with the Second Schedule to this Act is nil-the wool shall be deemed to be all
excluded wool;
(b) if the percentage so ascertained is one hundred-the wool shall be
deemed to be all wool other than excluded wool; and
(c) in any other case-
(i) the wool shall be deemed to be partly excluded wool and partly other
wool; and
(ii) for the purposes of section 14 of this Act, the sale value of the
wool other than the excluded wool shall be taken to be a percentage, being the
percentage so ascertained, of the sale value of all the wool.
(2) For the purposes of the application of the Second Schedule to this Act
in relation to wool that was scoured or otherwise processed by or on behalf of
the producer, the weight of the wool shall be taken to be its weight before it
was scoured or otherwise processed, as nearly as that weight can be
ascertained.
(3) Regulations made from time to time under this Act may provide that this
section is to have effect as if the Second Schedule to this Act were varied in
the manner provided by the regulations or as if a different Schedule were
substituted for that Schedule.
(4) For the purposes of the application of this section in relation to a
sale of wool, regard shall be had to the regulations made by virtue of this
section that have effect, or are to be deemed to have had effect, on the day
of the sale.
(5) For the purposes of this section, all sales and gifts of wool by the one
seller to the one buyer that are made, or agreed to be made, on the one day or
as related transactions shall be treated as one sale of all the wool for a
price equal to the total of the sale prices, whether or not separate prices
are agreed on by the parties.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 9.
Persons entitled to deficiency payments.
SECT
9. (1) Subject to this section, the person entitled to receive a deficiency
payment in respect of wool is the producer of the wool.
Substituted by No. 110, 1972, s. 7.
(2) Where a deficiency payment has become payable by reason of a sale of
wool or the exportation of wool for the purposes of sale outside Australia,
the last preceding sub-section does not affect any right of a person to
receive, or any right of the registered person by whom the deficiency payment
is payable to retain, the whole or a part of the deficiency payment by virtue
of a security, assignment, direction or authorization given by the producer.
Sub-sections (3)-(5) omitted by No. 110, 1972, s. 7.
* * * * * * * *
(6) Where a registered person who is required or authorized under this Act
to make a deficiency payment is entitled to receive, as the producer of the
wool, or to retain, in accordance with sub-section (2) of this section, the
whole or a part of the deficiency payment, the appropriation by him to his own
use of moneys in respect of the deficiency payment, or of that part of the
deficiency payment, as the case may be, shall be deemed to be payment of the
deficiency payment to the extent of those moneys.
Sub-section (7) omitted by No. 110, 1972, s. 7.
* * * * * * * *
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 10.
Appraisement of certain wool.
SECT
10. (1) A deficiency payment is not payable by reason of-
(a) the sale of wool at an approved auction conducted by a registered
broker;
(b) the sale of P.A.P. wool;
(c) the sale by tender of wool through the agency of a registered seller by
tender; or
(d) the use of wool in manufacture,
unless, before the wool was sold or used, it was appraised (whether before or
after the date on which this Act receives the Royal Assent) by the
Commission.
(2) A deficiency payment is not payable by reason of the exportation of wool
unless, either before or after the exportation, the wool was appraised
(whether before or after the date on which this Act receives the Royal Assent)
by the Commission.
(3) The Commission shall make provision for appraisements, for the purposes
of this section, of wool delivered to registered brokers who conduct approved
auctions and shall, so far as practicable and subject to payment of reasonable
charges to the Commission, comply with requests for appraisements of other
wool in accordance with this section.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 11.
Collusive sales.
SECT
11. (1) Where the Minister is satisfied that the parties to a sale of wool
have agreed on a price higher than the price that would otherwise have been
agreed on for the purpose of causing a deficiency payment to become payable on
the basis of the higher price, he may determine that this section applies in
relation to the sale.
(2) Where a determination of the Minister under this section is in force in
relation to a sale, the Minister may direct that the whole or a part of a
deficiency payment that has, apart from this section, become payable by reason
of the sale be not payable, or be deemed not to have been payable.
(3) The power of the Minister under sub-section (1) of this section may be
exercised before, or within one year after, a deficiency payment has been made
by reason of the sale.
(4) Where, by reason of a direction of the Minister under this section, an
amount, being the whole or a part of a payment made as a deficiency payment,
is to be deemed not to have been payable, that amount is a debt due and
payable to the Commonwealth jointly and severally by the parties to the sale,
and may be recovered by the Commonwealth accordingly by action in a court of
competent jurisdiction.
(5) A person aggrieved by a determination of the Minister under sub-section
(1) of this section may appeal against the determination to the Supreme Court
of a State.
(6) The Supreme Court of each State is invested with federal jurisdiction to
hear and determine appeals under this section.
(7) The Minister shall be the respondent in the appeal.
(8) An appeal under this section shall be in the nature of a rehearing.
(9) In an appeal under this section, if it is proved that the price agreed
on for the sale of wool was substantially higher than the market value of the
wool, it shall be presumed, in the absence of proof to the contrary, that the
parties agreed on the price for the purpose referred to in sub-section (1) of
this section.
(10) If the Court allows the appeal, it shall quash the determination.
(11) The jurisdiction conferred by this section is exercisable by a single
Judge of the Court.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - PART III
PART III-RATES OF DEFICIENCY PAYMENTS
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 12.
Table of notional prices.
SECT
12. (1) For the purpose of enabling the calculation of deficiency payments,
the Minister shall, as soon as practicable after this Act receives the Royal
Assent, approve a table, to be known as the table of notional prices, setting
out-
(a) a list of types of wool, covering wool of all descriptions; and
(b) in respect of each type of wool, a notional price per kilogramme
determined in accordance with this section.
Amended by No. 110, 1972, s. 8.
(2) The notional price for each type of wool-
(a) shall be the amount estimated to be the average price per kilogramme of
clean wool that would be represented by the total amount that would be found,
at the end of the prescribed period, to have been obtained for the sale by
producers of greasy wool of that type in Australia in that period if the
average price per kilogramme so obtained by producers for greasy wool of all
types were found to have been 79.37 cents; and
(b) shall be determined having regard to the prices obtained at approved
auctions in Australia for the various types of wool in the period that
commenced on the thirtieth day of August, One thousand nine hundred and
seventy-one, and ended on the twenty-third day of June, One thousand nine
hundred and seventy-two, to the quantity of, and estimated average yield of
clean wool from, each type of wool that was included in those sales and to any
other relevant considerations.
Amended by No. 110, 1972, s. 8.
(3) The Minister may, at any time or times before the thirtieth day of June,
One thousand nine hundred and seventy-three, cause a review to be made of the
table of notional prices in force in the light of further information that has
become available, and approve a revised table as the table of notional prices
in lieu of the table previously in force, specifying a day, being the first
day of a week, as the day on which the revised table is to come into force.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 13.
Determination of percentage rates of deficiency payments.
SECT
Sub-section (1) amended by No. 110, 1972, s. 9.
13. (1) The Commission shall, in respect of each week in the prescribed
period in which wool has been sold in Australia at an approved auction-
(a) determine, as nearly as practicable-
(i) the total of the sale prices of all wool, other than excluded wool,
that was sold in Australia at approved auctions during that week; and
(ii) the amount that would have been the total of those prices if each
lot of wool so sold had been sold at a price calculated by applying to the
estimated yield of clean wool from that lot the notional price per kilogramme
applicable to wool of that type under the table of notional prices; and
(b) determine the percentage of the amount determined under sub-paragraph
(i) of the last preceding paragraph that is represented by the amount, if any,
by which the amount so determined is less than the amount determined under
sub-paragraph (ii) of that paragraph, and cause that percentage to be notified
in the Gazette and to registered persons as being the rate of deficiency
payments in respect of that week.
(2) A percentage to be determined under the last preceding sub- section
shall be determined to two decimal places and, if the figure in the third
decimal place would have been not less than five, the figure in the second
decimal place shall be increased by one.
Amended by No. 110, 1972, s. 9.
(3) A determination by the Commission under this section shall be made-
(a) if it relates to a week that ended before the date on which the Wool
(Deficiency Payments) Act 1972 receives the Royal Assent-as soon as
practicable after that date; or
(b) in any other case-before the end of the week next succeeding the week
to which it relates.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 14.
Amounts of deficiency payments for wool other than P.A.P. wool.
SECT
14. (1) The amount of a deficiency payment payable in respect of particular
wool, otherwise than by reason of the sale of the wool as P.A.P. wool, is a
percentage of the sale value of the wool, being the percentage notified in
accordance with the last preceding section as the rate of deficiency payments
in respect of the base week.
Amended by No. 110, 1972, s. 10.
(2) In this section-
''the base week'', in relation to wool, means-
(a) where the relevant day was in a week in respect of which the
Commission is required to determine a percentage in accordance with the last
preceding section-that week; or
* * * * * * *
(c) in any other case-the nearest week preceding the relevant day that
is a week in respect of which the Commission is required to determine such a
percentage.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 15.
Amount of deficiency payment for P.A.P. wool.
SECT
15. (1) Where a deficiency payment is payable by reason of the sale of wool
as P.A.P. wool, the amount of the payment shall be a percentage of the share
allocated to that wool from the proceeds of the pool in which the wool was
included, being the percentage calculated in respect of that pool in
accordance with sub-section (3) of this section.
(2) The percentage in respect of a pool shall be calculated, and notified to
the registered brokers and registered wool classing houses concerned, by the
Commission as soon as practicable after the last sale of wool from the pool at
auction.
(3) The percentage in respect of a pool shall be calculated by-
(a) ascertaining the pool proceeds in respect of all wool, other than
excluded wool, sold at auction from the pool;
(b) ascertaining the total amount of the deficiency payments that would
have been payable in respect of the wool from which those proceeds were
derived if the whole of that wool had been sold, otherwise than as P.A.P.
wool, by the producers; and
(c) calculating, as a percentage, the proportion which the amount
ascertained in accordance with the last preceding paragraph bears to the
amount ascertained in accordance with paragraph (a) of this sub-section.
(4) A percentage to be calculated under the last preceding sub- section
shall be calculated to two decimal places and, if the figure in the third
decimal place would have been not less than five, the figure in the second
decimal place shall be increased by one.
Amended by No. 110, 1972, s. 11.
(5) For the purposes of this section and of section 7 of this Act, all wool
that has been dealt with under the price averaging plan of the Commission as
applying in respect of price averaging periods terminating after the
commencement of the Wool (Deficiency Payments) Act 1972 and in the one
calendar year shall be deemed to constitute one pool.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - PART IV
PART IV-MAKING OF DEFICIENCY PAYMENTS
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 16.
Persons by whom deficiency payments to be made.
SECT
16. (1) Deficiency payments shall be made on behalf of the Commonwealth by
registered persons and the Commission, in accordance with this section.
(2) Subject to this section, a deficiency payment that has become payable by
reason of the sale of wool at an auction conducted by a registered broker
shall be paid by the registered broker.
(3) A deficiency payment that has become payable by reason of the sale of
wool, otherwise than as P.A.P. wool, at an auction conducted by a registered
broker, where the wool was delivered to the broker in the name of a registered
classing house, shall be made by the registered classing house.
Inserted by No. 110, 1972, s. 12.
(3A) A deficiency payment that has become payable by reason of the sale of
wool by a registered commission agent shall be paid by the registered
commission agent.
Amended by No. 110, 1972, s. 12.
(4) A deficiency payment that has become payable by reason of the sale of
wool to a registered merchant, not being a sale referred to in the last
preceding sub-section, shall be paid by the registered merchant.
(5) A deficiency payment that has become payable, upon the delivery of wool
to a registered person, by reason of a previous sale of the wool to a person
other than a registered merchant, shall be paid by the registered person.
(6) A deficiency payment that has become payable by reason of the sale of
wool as P.A.P. wool shall be paid by the registered broker or registered wool
classing house by whom the wool was identified as wool for marketing under the
price averaging plan.
Amended by No. 110, 1972, s. 12.
(7) A deficiency payment that has become payable by reason of a sale by
tender of wool through the agency of a registered seller by tender, not being
a sale referred to in sub-section (3A) of this section, shall be paid by the
registered seller by tender.
(8) A deficiency payment that has become payable by reason of a sale of wool
to the Commission, not being a sale referred to in sub- section (2), (3) or
(6) of this section, shall be paid by the Commission.
(9) A deficiency payment that has become payable by reason of the use of the
wool in manufacture by the producer shall be paid by the Commission.
(10) A deficiency payment that has become payable by reason of the
exportation of wool shall be paid-
(a) if exportation was effected by a registered export agent on behalf of
the producer-by the registered export agent; or
(b) in any other case-by the Commission.
Inserted by No. 110, 1972, s. 12.
(10A) A registered commission agent shall not make a deficiency payment that
has become payable by reason of the sale of wool by him on behalf of the
producer unless he had in his possession a record of that sale, in a form
approved by the Secretary, verified, as required by the form, by or on behalf
of himself as agent for the producer and by or on behalf of the purchaser.
(11) A registered person shall not make a deficiency payment that has become
payable, upon delivery to him of wool,by reason of a previous sale of the wool
by the producer to another person, unless the registered person has received
into his possession a record of that sale, in a form approved by the Secretary
and verified, as required by the form, by or on behalf of the vendor and
purchaser.
(12) A registered merchant shall not make a deficiency payment that has
become payable by reason of the sale of wool to him by the producer unless he
has in his possession a record of the sale, in a form approved by the
Secretary, verified, as required by the form, by or on behalf of the producer
and himself, as purchaser.
(13) The Commission is not required to make a deficiency payment that is
payable by the Commission unless there is delivered to the Commission a claim
for the payment, in a form approved by the Secretary, containing such relevant
information and calculations, and accompanied by such relevant documents, as
are required by the form and verified by declaration as required by the form.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 17.
Making deficiency payments by registered persons.
SECT
17. (1) Subject to this section, a registered person shall, as soon as
reasonably practicable, make all deficiency payments that are payable by him
in accordance with this Act (including payments by reason of acts and
transactions that took place at any time on or after the date on which his
registration is to be deemed to have taken effect), and shall do all things
necessary to be done by him for that purpose.
(2) A registered person shall, from time to time, furnish to the Commission,
in such form approved by the Secretary as is appropriate, such information and
calculations in relation to deficiency payments becoming payable by him as are
required by the form, verified by declaration as required by the form.
(3) Where a registered person has duly furnished information and
calculations to the Commission in accordance with the last preceding
sub-section, the Commission shall, after examining that information and those
calculations, making such inspection of any relevant documents and such
inquiries arising out of that inspection as it thinks necessary and referring
to the Secretary any matters appearing to require consideration under section
11 of this Act, authorize the registered person to make such deficiency
payments of such amounts as appear to the Commission to be payable by the
registered person.
(4) A registered person shall not make a deficiency payment except in
accordance with an authorization by the Commission.
(5) Where a registered person makes a deficiency payment to a person, he
shall deliver to that person a statement in writing showing the amount of that
deficiency payment separately from any other amount paid to that person.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 18.
Interim payments in respect of P.A.P. wool.
SECT
18. (1) Subject to any directions of the Minister, the Commission may at any
time make interim payments to a registered broker or registered classing
house, upon such conditions as the Commission determines, in respect of
deficiency payments that are likely to become payable by the registered broker
or registered classing house in respect of P.A.P. wool.
(2) Notwithstanding section 27 of this Act, a registered person shall pay an
interim payment received in accordance with the last preceding sub-section to
the credit of a bank account approved by the Commission for the purposes of
this section, being an account maintained by the registered person for the
purposes of the price averaging plan conducted by the Commission, and any
interest earned, or any saving of interest, by reason of such a payment shall
be for the benefit of that account.
(3) Where-
(a) a registered person makes, in respect of P.A.P. wool, an advance to a
person entitled to share in the pool proceeds; and
(b) that advance exceeds the amount that is found to be properly payable to
that person out of the pool proceeds,
an amount not exceeding the amount of the excess may be deducted by the
registered person from a deficiency payment becoming payable to a person in
respect of that wool, and the amount so deducted shall be deemed, for the
purposes of this Act, to have been paid to that last- mentioned person as a
deficiency payment.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 19.
Payment of deficiency payments in special circumstances.
SECT
Sub-section (1) amended by No. 110, 1972, s. 13.
19. (1) Where the Secretary is satisfied that a deficiency payment-
(a) would be payable to a person but for a failure of compliance with the
requirements of sub-section (10A), (11), (12) or (13) of section 16 of this
Act or paragraph (d) of sub-section (2) of section 6 of this Act; or
(b) has become payable by a registered person but has not been paid,
he may direct the Commission to make, or may authorize a registered person to
make, the deficiency payment.
(2) Where-
(a) a person who has been a registered person of any class has ceased to be
a registered person of that class; and
(b) the Secretary is satisfied that a deficiency payment would be payable
by that person if he had not so ceased,
the Secretary may direct the Commission to make, or may authorize a registered
person to make, the deficiency payment.
(3) For the purposes of a direction under this section in a case in which
the exact amount of the deficiency payment is not established to the
satisfaction of the Secretary, the Secretary may direct the making of a
payment of the highest amount that the Secretary is satisfied does not exceed
the amount of the deficiency payment.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - PART V
PART V-REGISTRATION
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 20.
Registration, and cancellation of registration.
SECT
20. (1) A person who carries on a business in the course of which he
conducts auction sales of wool may apply for registration as a registered
broker.
Inserted by No. 110, 1972, s. 14.
(1A) A person who carries on a business in the course of which he sells wool
on commission on behalf of producers may apply for registration as a
registered commission agent.
(2) A person who carries on a business (including a manufacturing business)
in the course of which he purchases wool may apply for registration as a
registered merchant.
(3) A person who carries on the business of a wool classing house may apply
for registration as a registered wool classing house.
(4) A person who carries on a business in the course of which he exports
wool on behalf of other persons may apply for registration as a registered
export agent.
(5) A person who carries on a business in the course of which he makes sales
by tender of wool on behalf of producers may apply for registration as a
registered seller by tender.
(6) A person may make applications under more than one of the preceding
sub-sections of this section.
(7) An application for registration shall be made in writing to the
Secretary, in accordance with a form approved by the Secretary.
(8) By the application, the person shall agree to perform the functions and
duties, and to be subject to the obligations under this Act and the
regulations, of a registered person of the category to which the application
relates.
(9) Subject to this section, upon receipt of an application duly made, the
Secretary shall forthwith register the person as a registered person of the
category to which the application relates by making an appropriate entry in a
register to be kept by the Secretary for the purpose.
(10) Where the Secretary makes an entry in accordance with the last
preceding sub-section-
(a) the registration shall be deemed to have taken effect on the date of
commencement of this Act, or on the date on which the registered person
commenced to carry on the relevant business, whichever is the later; and
(b) the Secretary shall give to the registered person notice of the
registration and of the date as from which it is to be deemed to have taken
effect.
Inserted by No. 110, 1972, s. 14.
(10A) The reference in paragraph (a) of the last preceding sub- section to
the date of commencement of this Act shall, in the case of the registration of
a person as a commission agent, be read as a reference to the date of
commencement of the Wool (Deficiency Payments) Act 1972.
(11) The Secretary is not required to register a person whose registration
in any capacity under this Act has previously been cancelled by order of the
Minister or a person who is bankrupt or is a company that is being wound up.
(12) Where-
(a) in the case of a registered person being a company, the company
commences to be wound up;
(b) a registered person becomes bankrupt or dies;
(c) a registered person ceases to carry on the business by reason of the
carrying on of which he became registered; or
(d) a registered person applies in writing to the Secretary for
cancellation of the registration,
the Secretary shall cancel the registration by deleting the relevant entry
from the register.
(13) The Minister may order the cancellation of a registration upon being
satisfied that-
(a) the registered person has, in any respect, failed to perform the
functions and duties of a registered person of the category concerned;
(b) the registered person has committed, or attempted to commit, an offence
against this Act or has otherwise been guilty of misconduct in a matter
relating to this Act; or
(c) the registered person is not a fit and proper person to remain
registered,
and the Secretary shall forthwith cancel the registration by deleting the
relevant entry from the register.
(14) Where the Minister orders the cancellation of a registration, he shall
give notice in writing to the person concerned of the ground on which he has
made the order.
(15) A reference in this section to a person shall be read as including a
reference to two or more persons carrying on business as partners and, where
two or more such persons are registered as a registered person, a reference in
this section to a registered person shall, where the context so admits, be
read as including a reference to any one of those persons.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 21.
Appeals.
SECT
21. (1) Where the Minister orders the cancellation of a registration, the
person, or any of the persons, whose registration has been ordered to be
cancelled may appeal to the Supreme Court of a State.
(2) The Supreme Court of each State is invested with federal jurisdiction to
hear and determine appeals under this section.
(3) The Minister shall be the respondent in the appeal.
(4) An appeal under this section shall be in the nature of a rehearing.
(5) If the Court is satisfied that a ground specified in the notice given by
the Minister under sub-section (14) of the last preceding section has been
established, it shall dismiss the appeal, but otherwise it shall allow the
appeal and order the restoration of the registration.
(6) The Court in which an appeal under this section is instituted may, if it
thinks fit, order the restoration of the registration until the appeal is
determined.
(7) The jurisdiction conferred by this section is exercisable by a single
Judge of the Court, whose decision is final and conclusive.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 22.
Certain duties of registered persons.
SECT
22. (1) A registered person, or a person who has been a registered person,
shall retain in his possession every record of a sale or other record of which
he has possession, being a record for the purposes of, or relevant to the
operation of, this Act, until its disposal is authorized by the Secretary and
shall, at the request of a person authorized by the Secretary, produce any
such record for inspection by the person or, in the case of a record made for
the purposes of this Act, deliver it to that person.
Penalty: Five hundred dollars.
(2) A registered person shall-
(a) furnish to the Secretary, as required by the Secretary, information in
his possession that is relevant to the operation of this Act; and
(b) permit a person authorized in writing by the Secretary to have full
access, at all reasonable times, to books and documents in his possession that
are relevant to the operation of this Act, and to take copies of, or extracts
from, any such books or documents.
Penalty: Five hundred dollars.
(3) It is the duty of a registered person promptly to bring to the notice of
the Secretary any circumstances coming to his notice that give reasonable
grounds for suspecting that-
(a) a transaction is one in relation to which section 11 of this Act could
be applicable; or
(b) a person has committed, or attempted to commit, an offence against this
Act.
(4) A registered person is not to make a charge, by way of commission or
otherwise, in respect of a deficiency payment.
(5) The last preceding sub-section does not prevent the making by a
registered person of a charge, in respect of insurance of wool, based on the
amount of a deficiency payment in respect of the wool, or the retention from a
deficiency payment of an amount in respect of such a charge in accordance with
section 9 of this Act.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 23.
False representation as to registration.
SECT
23. A person shall not falsely represent that he is a registered person, or
that he is a registered person of a particular category.
Penalty: Five hundred dollars.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - PART VI
PART VI-FINANCE
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 24.
Payments to Commission.
SECT
24. (1) The Commonwealth shall pay to the Commission from time to time sums
as are necessary for the purposes of payment of amounts payable by the
Commission in accordance with this Act.
(2) The Commonwealth shall pay to the Commission such amounts as the
Minister from time to time determines for the purpose of meeting additional
administrative costs incurred by the Commission for the purposes of the
performance of its functions under this Act, including costs incurred before
the date on which this Act receives the Royal Assent.
(3) The Commission shall, for the purposes of this Act, open and maintain a
separate account with a bank approved by the Treasurer for the purposes of the
operations of the Commission under this Act.
(4) The Commission shall pay into the account all moneys received by it from
the Commonwealth under sub-section (1) of this section and any repayments
received by it in the performance of its functions under this Act.
(5) The moneys standing to the credit of the account shall be applied only
for the purpose of making payments authorized by this Act to be made by the
Commission.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 25.
Commission to provide moneys to registered persons.
SECT
25. Where, in accordance with this Act, the Commission or the Secretary
authorizes a registered person to make a deficiency payment, the Commission
shall pay to the registered person the moneys necessary for the making of that
deficiency payment.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 26.
Costs of registered persons.
SECT
26. The Secretary may, in accordance with principles approved by the
Minister, arrange for payments by the Commonwealth to registered persons in
respect of costs incurred by them for the purposes of the performance of their
functions as registered persons, including costs incurred before the date on
which this Act receives the Royal Assent.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 27.
Moneys paid to a registered person to be held in trust.
SECT
27. (1) Moneys paid to a registered person by the Commission in respect of
deficiency payments, and any moneys received by the registered person by way
of refund or recovery of moneys paid by the registered person as deficiency
payments, shall be deemed to be moneys held in trust for the Commonwealth
until applied by the registered person in accordance with this Act.
(2) Where a registered person, with the authority of the Commission, makes a
deficiency payment that was not payable, or was in excess of the amount
properly payable, or was paid to a person other than the person entitled to
receive it, the registered person is not liable to the Commonwealth or to the
Commission in respect of moneys used to make the payment, or the excess
payment, as the case may be, if the registered person obtained the authority
of the Commission, and made the payment, in good faith and without
negligence.
(3) Moneys referred to in sub-section (1) of this section shall be deemed
not to be public moneys, or to form part of the Commonwealth Public Account,
for the purposes of the Audit Act 1901-1969.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 28.
Appropriation.
SECT
28. Payments required or authorized to be made by the Commonwealth under
this Act shall be made out of the Consolidated Revenue Fund, which is, to the
necessary extent, appropriated accordingly.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - PART VII
PART VII-MISCELLANEOUS
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 29.
Functions of Commission.
SECT
29. (1) In addition to its functions and powers under the Australian Wool
Commission Act 1970, the Commission has such functions and powers as are
conferred on it by this Act, but sub-section (2) of section 4 of that Act does
not apply in relation to the functions and powers so conferred.
(2) The power of the Commission under section 33 of the Australian Wool
Commission Act 1970 extends to the appointment of officers, and engagement of
employees, for the purposes of this Act.
(3) The reference in section 24 of the Australian Wool Commission Act 1970
to the administrative costs of the Commission shall be read as not including a
reference to the additional administrative costs incurred by the Commission by
reason of the performance of its functions under this Act.
(4) Sections 26 and 27 of the Australian Wool Commission Act 1970 have
effect subject to section 24 of this Act, and section 28 of that Act does not
apply in relation to moneys received by the Commission for the purposes of
this Act.
(5) A power of the Commission under this Act may be exercised in its name
and on its behalf by a person in the service of the Commission authorized by
the Commission to exercise that power.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 30.
False documents, &c.
SECT
30. (1) A person, including a registered person, shall not-
(a) do an act or thing for the purpose of obtaining, or causing or enabling
another person to obtain or receive, a deficiency payment that is not payable
to him or to that other person, or exceeds the amount payable to him or to
that other person;
(b) sign a declaration in writing or other document required, intended to
be used or capable of being used for the purposes of this Act which, to his
knowledge, contains information or a statement that is false or misleading in
a material particular;
(c) present or deliver to another person, including the Commission or the
Secretary, a declaration in writing or other document, whether signed by him
or not, that is presented or delivered for the purposes of this Act, or is
required, intended to be used or capable of being used for those purposes,
and, to his knowledge, contains information or a statement that is false or
misleading in a material particular unless, in the case of a registered
person, he informs the Commission or the Secretary, as the case may be, of the
fact that the statement or information is false or misleading; or
(d) with intent to defraud the Commonwealth, forge or alter a declaration
in writing or other document required, intended to be used or capable of being
used for the purposes of this Act.
(2) A person shall not agree to sell or purchase wool at a price higher than
the price to which he would otherwise have agreed for the purpose of causing a
deficiency payment to become payable on the basis of the higher price.
(3) A person who contravenes either of the last two preceding sub-sections
is guilty of an offence punishable, subject to this section, by a fine not
exceeding One thousand dollars or imprisonment for a term not exceeding two
years.
(4) Where the court convicting a person of an offence against this section
is satisfied that a deficiency payment has been received by that person or
another person, or was intended by that person to be so received, whether in
whole or in part, as a result of the commission of the offence, the fine that
the court may impose is-
(a) a fine not exceeding One thousand dollars; or
(b) a fine exceeding One thousand dollars, being a fine-
(i) of an amount not exceeding the whole amount of the deficiency
payment received; or
(ii) of an amount that the court is satisfied does not exceed the whole
amount of the deficiency payment that was intended to be received,
as the case may be.
(5) An offence against this section may be prosecuted summarily or upon
indictment but an offender is not liable to be punished more than once in
respect of the same offence.
(6) Where proceedings for an offence against this section are brought in a
court of summary jurisdiction, the court may commit the defendant for trial,
or, with the consent of the defendant and of the prosecutor, determine the
proceedings, but, where the court of summary jurisdiction determines the
proceedings, the court shall not sentence the defendant to imprisonment for a
term exceeding three months.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 31.
Person receiving payment to which he is not entitled.
SECT
31. A person who receives a deficiency payment which, to his knowledge, is
not payable to him, or exceeds the amount payable to him, shall, as soon as
practicable, notify the Secretary of the receipt of the payment and of the
fact that the payment is not in accordance with this Act.
Penalty: Two hundred dollars or an amount equal to the deficiency payment,
or to so much of the deficiency payment as exceeds the amount payable, as the
case may be, whichever is the greater.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 32.
Court may order refunds.
SECT
32. (1) Where a person, other than a registered person, is convicted of an
offence against sub-section (1) of section 30 of this Act, the court may, in
addition to imposing a penalty, order the person to refund to the Commonwealth
so much of a deficiency payment as was paid to him or to another person as a
result of the offence.
(2) Where a person is convicted of an offence under the last preceding
section, the court may, in addition to imposing a penalty, order the person to
refund to the Commonwealth the amount of the deficiency payment, or the amount
by which the deficiency payment exceeded the amount properly payable, as the
case may be.
(3) Where a court has made an order under this section, a certificate under
the hand of the clerk or other appropriate officer of the court specifying the
amount ordered to be refunded and the person by whom the amount is payable may
be filed in a court having civil jurisdiction to the extent of that amount and
is thereupon enforceable in all respects as a final judgment of that court.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 33.
Access to premises.
SECT
33. (1) An authorized person may, with the consent of the occupier of any
premises, enter the premises for the purpose of exercising the functions of an
authorized person under this section.
(2) Where an authorized person has reason to believe that there are on any
premises books, documents or papers relating to sales of wool or other matters
relevant to the operation or administration of this Act, the authorized person
may make application to a Justice of the Peace for a warrant authorizing the
authorized person to enter the premises for the purpose of exercising the
functions of an authorized person under this section.
(3) If, on an application under the last preceding sub-section, the Justice
of the Peace is satisfied by information on oath-
(a) that there is reasonable ground to believe that there are on the
premises to which the application relates any books, documents or papers
relating to sales of wool or other matters relevant to the operation or
administration of this Act; and
(b) that the issue of the warrant is reasonably required for the purposes
of this Act,
the Justice of the Peace may grant a warrant authorizing the authorized
person, with such assistance as he thinks necessary, to enter the premises,
during such hours of the day or night as the warrant specifies or, if the
warrant so specifies, at any time, if necessary by force, for the purpose of
exercising the functions of an authorized person under this section.
(4) Where an authorized person has entered premises in pursuance of
sub-section (1) of this section or in pursuance of a warrant granted under the
last preceding sub-section, he may exercise the functions of an authorized
person under this section.
(5) A person shall not, without reasonable excuse, obstruct or hinder an
authorized person acting in pursuance of a warrant granted under sub-section
(3) of this section or in pursuance of the last preceding sub-section.
Penalty: Two hundred dollars.
(6) The functions of an authorized person under this section are to search
for, inspect, take extracts from and make copies of any books, documents or
papers relating to sales of wool or other matters relevant to the operation or
administration of this Act.
(7) In this section ''authorized person'' means-
(a) a person appointed by the Minister, by instrument in writing, to be an
authorized person for the purposes of this section; or
(b) a person included in a class of persons appointed by the Minister, by
instrument in writing, to be authorized persons for the purposes of this
section.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 34.
Overpayments.
SECT
34. (1) Where the Commission has made, or a registered person has, whether
with or without the authority of the Commission, made-
(a) a deficiency payment that was not payable, or was not payable to the
person to whom it was paid; or
(b) a deficiency payment that exceeds the amount that was payable,
the amount of the payment, or of the excess, as the case may be, if not
otherwise recovered, may be recovered by the Commonwealth from the person to
whom it was paid, as a debt due to the Commonwealth, by action in a court of
competent jurisdiction.
(2) An action under the last preceding sub-section shall not be brought
except with the consent of the Minister.
(3) An amount paid by a registered person to which sub-section (1) of this
section applies is not recoverable by the registered person unless the
Minister has consented to recovery of that amount by the registered person,
but the Minister may, by writing under his hand, release a registered person
from liability to the Commonwealth in respect of such an amount and shall not
refuse his consent to recovery of such an amount by the registered person
unless he so releases the registered person.
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 35.
Report by Minister.
SECT
Amended by No. 110, 1972, s. 15.
35. The Minister shall, as soon as practicable after the end of the
prescribed period, cause a report on the operation of this Act to be prepared,
and shall lay a copy of the report on the table of each House of the
Parliament not later than the fifteenth sitting day of that House after the
thirtieth day of September, One thousand nine hundred and seventy-three.*
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECT. 36.
Regulations.
SECT
36. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed or necessary or convenient to be prescribed for carrying out or
giving effect to this Act, and in particular, prescribing penalties, not
exceeding a fine of Two hundred dollars, for offences against the
regulations.
-----------
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - FIRST SCHEDULE
SCH
THE SCHEDULES
FIRST SCHEDULE
Section 7
EXCLUDED WOOL TYPES
The types of wool specified in the second column of this Schedule are all
the types to which a number set out in that column is applicable under the
table of types and descriptions of Australian wool published by the Commission
for the purposes of the wool selling season that commenced in the year 1971.
--------------------------------------------------------------------------------
First Column Second Column
Description of Wool Type Numbers
--------------------------------------------------------------------------------
Merino Carding Stained Pieces and Bellies . . . 267, 268, 270, 271, 273, 274
Merino Carding Locks . . . . . . . . . . . . . . 279P, 279, 280, 281, 282,
283, 284, 285, 286, 287, 290
Merino Carding Crutchings . . . . . . . . . . . 296, 297, 298, 303, 304,
305, 307
Merino Carding
Wiggings and Eye Pieces . . . . . . . . . . . . . 309
Merino Black . . . . . . . . . . . . . . . . . . 320, 321, 322
Brands . . . . . . . . . . . . . . . . . . . . . 326, 327, 328
Cotted Wool . . . . . . . . . . . . . . . . . . 330, 331, 332, 333, 334, 336
Overgrown and Double . . . . . . . . . . . . . . 344, 345, 346, 347, 348, 349
Crossbred Carding Locks . . . . . . . . . . . . 567, 568, 569, 570, 571,
572, 573, 574, 575, 576,
577, 578
Crossbred Carding
Crutchings . . . . . . . . . . . . . . . . . . . 583, 584, 585, 586, 587,
588, 589, 590, 591, 592,
593, 594
Crossbred Carding
Stained Pieces and Stained Bellies . . . . . . . 596, 597, 598, 600, 601, 602
Crossbred Eye Pieces and Wiggings . . . . . . .
604 Crossbred Black . . . . . . . . . . . . . . 606, 607, 608, 609
----------------------------------------------------------------------------------
WOOL (DEFICIENCY PAYMENTS) ACT 1971 - SECOND SCHEDULE
SCH
Substituted by No. 110, 1972, s. 16.
SECOND SCHEDULE
Section 8
ALLOWANCE FOR EXCLUDED WOOL IN PRIVATE SALES
-------------------------------------------------------------------------------------------
Average amount Percentage of sale value deemed to relate to wool other than
in cents per excluded wool where the percentage notified under section 13
kilogramme of this Act in respect of the week that is the base week in
represented by relation to the wool-<
sale value of --------------------------------------------------------------------------
all the wool Does ExceedsExceedsExceedsExceedsExceedsExceedsExceedsExceeds Exceeds
not 3 but 6 but 9 but 12 but 15 but 18 but 21 but 24 but 27
exceed does does does does does does does does
3 not not not not not not not not
exceed exceed exceed exceed exceed exceed exceed exceed
6 9 12 15 18 21 24 27
--------------------------------------------------------------------------------------------
Less than 15 . . 0 0 0 0 0 0 0 0 0 0
15 but less than 16 0 0 0 0 0 0 0 0 0 6
16 but less than 17 0 0 0 0 0 0 0 0 0 13
17 but less than 18 0 0 0 0 0 0 0 0 2 20
18 but less than 19 0 0 0 0 0 0 0 0 9 25
19 but less than 20 0 0 0 0 0 0 0 0 16 31
20 but less than 21 0 0 0 0 0 0 0 6 21 35
21 but less than 22 0 0 0 0 0 0 0 12 27 40
22 but less than 23 0 0 0 0 0 0 4 18 31 44
23 but less than 24 0 0 0 0 0 0 10 23 36 47
24 but less than 25 0 0 0 0 0 1 15 28 40 51
25 but less than 26 0 0 0 0 0 7 20 32 43 54
26 but less than 27 0 0 0 0 0 12 25 36 47 57
27 but less than 28 0 0 0 0 4 17 29 40 50 59
28 but less than 29 0 0 0 0 10 22 33 44 53 62
29 but less than 30 0 0 0 2 15 26 37 47 56 64
30 but less than 31 0 0 0 7 19 30 41 50 58 66
31 but less than 32 0 0 0 12 24 34 44 53 61 68
32 but less than 33 0 0 5 17 28 38 47 55 63 70
33 but less than 34 0 0 10 21 32 41 50 58 65 72
34 but less than 35 0 3 15 25 35 44 53 60 67 73
35 but less than 36 0 8 19 29 39 47 55 63 69 75
36 but less than 37 1 13 23 33 42 50 58 65 71 77
37 but less than 38 6 17 27 36 45 53 60 67 73 78
38 but less than 39
10 21 31 40 48 55 62 69 74 79
39 but less than 40
15 25 34 43 51 58 64 70 76 81
40 but less than 41
19 28 37 46 53 60 66 72 77 82
41 but less than 42
23 32 40 48 56 62 68 74 79 83
42 but less than 43
26 35 43 51 58 64 70 75 80 84
43 but less than 44
30 38 46 54 60 66 72 77 81 85
44 but less than 45
33 41 49 56 63 68 74 78 82 86
45 but less than 46
36 44 52 58 65 70 75 80 84 87
46 but less than 47
39 47 54 61 67 72 77 81 85 88
47 but less than 48
42 50 57 63 69 74 78 82 86 89
48 but less than 49
45 52 59 65 70 75 80 83 87 90
49 but less than 50
48 55 61 67 72 77 81 85 88 91
50 but less than 51
50 57 63 69 74 78 82 86 89 91
51 but less than 52
53 59 65 71 75 80 83 87 90 92
52 but less than 53
55 61 67 72 77 81 85 88 91 93
53 but less than 54
58 64 69 74 78 82 86 89 91 94
54 but less than 55
60 66 71 76 80 84 87 90 92 94
55 but less than 56
62 68 73 77 81 85 88 91 93 95
56 but less than 57
64 69 74 79 83 86 89 92 94 95
57 but less than 58
66 71 76 80 84 87 90 92 94 96
58 but less than 59
68 73 78 82 85 88 91 93 95 97
59 but less than 60
70 75 79 83 86 89 92 94 96 97
60 but less than 61
72 76 81 84 88 90 93 95 96 98
61 but less than 62
73 78 82 86 89 91 94 96 97 98
62 but less than 63
75 79 83 87 90 92 95 96 98 99
63 but less than 64
77 81 85 88 91 93 95 97 98 99
64 but less than 65
78 82 86 89 92 94 96 98 99 100
65 but less than 66
80 84 87 90 93 95 97 98 99 100
66 but less than 67
81 85 88 91 94 96 98 99 100 100
67 but less than 68
83 86 90 92 95 97 98 100 100 100
68 but less than 69
84 88 91 94 96 98 99 100 100 100
69 but less than 70
85 89 92 95 97 98 100 100 100 100
70 but less than 71
87 90 93 95 98 99 100 100 100 100
71 but less than 72
88 91 94 96 98 100 100 100 100 100
72 but less than 73
89 92 95 97 99 100 100 100 100 100
73 but less than 74
91 94 96 98 100 100 100 100 100 100
74 but less than 75
92 95 97 99 100 100 100 100 100 100
75 but less than 76
93 96 98 100 100 100 100 100 100 100
76 but less than 77
94 97 99 100 100 100 100 100 100 100
77 but less than 78
95 98 100 100 100 100 100 100 100 100
78 but less than 79
96 99 100 100 100 100 100 100 100 100
79 but less than 80
97 100 100 100 100 100 100 100 100 100
80 but less than 81
98 100 100 100 100 100 100 100 100 100
81 but less than 82
99 100 100 100 100 100 100 100 100 100
82 and over . . . 100 100 100 100 100 100 100 100 100 100
-----------------------------------------------------------------------------------------
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WOOL (DEFICIENCY PAYMENTS) ACT 1971 - NOTES
NOTES
1. The Wool (Deficiency Payments) Act 1971 comprises the Wool
(Deficiency Payments) Act 1971 as amended by the other Acts specified in the
following table:
----------------------------------------------------------------------------
Number Date of Date of
Act and year Assent commencement
----------------------------------------------------------------------------
Wool (Deficiency
Payments) Act 1971 No. 89, 1971 9 Nov 1971 2 July 1971
Wool (Deficiency
Payments) Act 1972 No. 110, 1972 31 Oct 1972 1 July 1972 (a)
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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(a) Section 2 of the Wool (Deficiency Payments) Act 1972 provides as
follows:
''2. (1) Subject to this section, this Act shall be deemed to have come
into operation on the first day of July, One thousand nine hundred and
seventy-two.
''(2) Without prejudice to the liability of a person under the Principal
Act or under any other law, a person is not guilty of an offence against the
Principal Act as amended by this Act by reason only of an act or omission that
took place before the day on which this Act receives the Royal Assent.''
2.-S. 35-Sub-section 15 (2) of the Wool (Deficiency Payments) Act 1972
provides as follows:
''(2) Notwithstanding the amendment made by the last preceding sub-
section, section 35 of the Principal Act continues to apply for the purposes
of the report referred to in that section.''