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Wool Industry (Sampling Sites) Regulations

SR 1979 No. 102 Regulations as made
Principal Regulations; Repeals the Wool Industry Regulations.
Tabling HistoryDate
Tabled Senate21-Aug-1979
Gazetted 29 Jun 1979
Date of repeal 07 Jul 1987
Repealed by Repeal of the enabling legislation by Wool Marketing Act 1987

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS*1*

*1* Notified in the Commonwealth of Australia Gazette on 29 June 1979.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Wool Industry (Sampling Sites) Regulations.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 2
Repeal

2. Statutory Rules 1973 No. 2 and Statutory Rules 1974 No. 4 are repealed.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 3
Interpretation

3. In these Regulations, unless the contrary intention appears-
" Department " means the Department of State administered by the Minister of State for the time being administering the Act;
" financial year " means a period of 12 months commencing on the first day of July;
" inspector " means a person holding office by virtue of an appointment under sub-regulation 16 (1);
" I.W.T.O. Certificate " means a certificate of the kind known as an I.W.T.O. Presale Test Certificate;
" operator ", in relation to a registered sampling site, means the person at whose request, or on whose application, the site was registered;
" registered " means registered under these Regulations;
" Secretary " means the person who, for the time being, is, or is performing the duties of, the Permanent Head of the Department within the meaning of the Public Service Act 1922;
" statement of methods " means-
(a) in relation to a sampling site in respect of which an application has been made for registration under regulation 7-the statement annexed to the application for the purpose of sub-regulation 5 (2); and
(b) in relation to a sampling site registered under regulation 7-the statement annexed to the application for registration of the site or,where that statement is to be deemed to have been amended, that statement as so amended;
" the Act " means theWool Industry Act 1972.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 4
Temporary registration

4. (1) Where-
(a) at any time during the period of 12 months that commenced on 1 July 1978 an I.W.T.O. Certificate was issued in respect of a sample of wool; and
(b) the sampling site at which that sample was drawn has not, at any time, been registered under regulation 7,
the Secretary may, at the request, made before 1 September 1979, of the person by whom the business of sampling of wool is carried on at the site, register the sampling site.

(2) Registration under this regulation has effect until the registration of the site under regulation 7 or the expiration of 31 August 1979, whichever is the earlier.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 5
Application for registration of sampling site

5. (1) Application for the registration, under regulation 7, of a sampling site shall be made by lodging with the Secretary an application in writing signed by the applicant.

(2) An application referred to in sub-regulation (1) shall-
(a) set out particulars of the sampling site to which the application relates; and
(b) have annexed to it a statement signed by the applicant and setting out particulars of-
(i) the processes to be carried out in the drawing of samples of wool at the sampling site;
(ii) the buildings and equipment to be used at that site in, and in connection with, the drawing, handling and storing of samples of wool;
(iii) the methods by which samples drawn at that site will be identified with the lots of wool from which the samples were taken;
(iv) the records that will be kept in relation to the drawing of samples at that site; and
(v) the number and qualifications (if any) of the staff to be employed in connection with each operation to be performed at that site in the drawing, handling or storing of samples of wool.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 6
Inspection of proposed sampling site

6. Where application has been made for registration, under regulation 7, of a sampling site, the Secretary may-
(a) direct an inspector to inspect the sampling site; and
(b) decline to deal further with the application until the site has been inspected.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 7
Registration

7. Subject to regulations 6 and 8, where-
(a) application for registration of a sampling site under this regulation has been duly made; and
(b) the fee payable for the registration of the site has been paid,
the Secretary shall register the sampling site.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 8
Criteria for registration

8. The Secretary shall not register a sampling site under regulation 7 unless-
(a) the statement of methods shows that grab samples of presale wool submitted for core sampling at the site will be drawn only at the site;
(b) the buildings and equipment at the site correspond with the particulars given in the statement of methods for the purpose of sub-paragraph 5 (2) (b) (ii);
(c) the drawing of core samples of presale wool at the site in accordance with the statement of methods would produce samples suitable for testing for the purpose of the issue of I.W.T.O. Certificates; and
(d) the statement of methods makes adequate provision to ensure that each sample (whether a core sample or a grab sample) of presale wool drawn at the site will be representative) of, and so marked or recorded as to be capable of being identified with, the lot of wool from which the sample, was drawn.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 9
Notice of operations at sampling site

9. (1) The Secretary may, by notice in writing given to the operator of a registered sampling site, require the operator to give to the Secretary notice in writing of the days, being days within a period specified in the notice, on which the operator intends to draw samples of presale wool at the site.

(2) The period to be specified in a notice for the purpose of sub-regulation (1) shall be a period not exceeding one month and commencing not earlier than 21 days after the date on which the notice is given.

(3) A person to whom a notice is given in pursuance of sub-regulation (1) shall comply with the requirement of the notice not later than 7 days before the commencement of the period specified in the notice.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 10
Powers of inspectors at sites

10. (1) Subject to sub-regulation (3), an inspector may enter a registered sampling site at any reasonable hour of the day.

(2) Subject to this regulation, an inspector who enters a sampling site for the purpose of regulation 6 or in pursuance of sub-regulation (1) is authorized-
(a) to inspect all buildings and equipment at the site;
(b) to inspect samples of wool drawn or stored at the site;
(c) to observe the conduct of any process or operation at the site; and
(d) to inspect and make copies of any books, documents or records kept at the site by the operator of the site and relating to the drawing, handling or storing of samples of wool drawn at the site.

(3) An inspector is not authorized to remain on a sampling site if, on request by or on behalf of the operator of the site, he fails to produce a certificate issued to him by the Secretary for the purpose of sub-regulation 16 (2).

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 11
Amendment of statement of methods

11. (1) The operator of a registered sampling site may, at any time, give to the Secretary notice in writing that he wishes to amend the statement of methods relating to the site.

(2) A person who gives notice for the purpose of sub-regulation (1) shall set out in the notice particulars of the amendment that he wishes to make to the statement of methods.

(3) Where-
(a) the operator of a sampling site gives notice for the purpose of sub-regulation (1); and
(b) if the statement of methods relating to the site were amended in the manner set out in the notice and the operator were an applicant for registration of the site on the basis of the statement of methods as so amended the applicant would be entitled to have the site registered,
the Secretary shall approve the amendment of the statement of methods in the manner set out in the notice.

(4) Where the Secretary approves the amendment of a statement of methods, the statement shall be deemed to have been amended in the manner approved by the Secretary.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 12
Fees

12. (1) The fee payable for the registration of a sampling site under regulation 7 is $100.

(2) The operator of a registered sampling site shall pay an inspection fee in respect of the inspection of the site during each financial year.

(3) The fee payable under sub-regulation (2) in respect of the inspection of a sampling site during a financial year is-
(a) the amount calculated by multiplying the sum of 53 cents by the number of I.W.T.O. Certificates issued by the Authority during that financial year in respect of samples drawn at that site; or
(b) $100,
whichever is the greater.

(4) A fee referred to in sub-regulation (2) becomes payable at the expiration of a period of one month after notice in writing of the amount of the fee is given by the Secretary to the operator of the sampling site to which the fee relates.

(5) A fee payable under this regulation-
(a) shall be paid to the Secretary; and
(b) if not so paid, is recoverable by the Commonwealth as a debt due to the Commonwealth.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 13
Cancellation of registration

13. (1) Subject to this regulation, where-
(a) the operator of a registered sampling site fails to comply with a requirement under sub-regulation 9 (1);
(b) any process or operation is performed at a sampling site otherwise than in accordance with the statement of methods relating to the site;
(c) the operator of a registered sampling site fails to pay an inspection fee in accordance with regulation 12;
(d) the operator of a registered sampling site is not entitled to control the operations carried on at the site in, or in connection with, the sampling of wool; or
(e) the operator of a registered sampling site has, by notice in writing given to the Secretary, requested that the registration of the site be cancelled,
the Secretary may, by instrument in writing, cancel the registration of the site.

(2) The Secretary shall not cancel the registration of a sampling site on the ground specified in paragraph (1) (a), (1) (b) or (1) (d) unless-
(a) he has given to the operator of the sampling site notice in writing specifying the ground on which he proposes to cancel the registration and inviting the operator to show cause why the registration should not be cancelled;
(b) a period of 14 days has elapsed since that notice was given; and
(c) the operator of the sampling site has not shown cause why the registration of the sampling site should not be cancelled.

(3) The Secretary shall not cancel the registration of a sampling site on the ground specified in paragraph (1) (c) unless-
(a) he has given to the operator of the sampling site notice in writing that, unless the inspection fee is paid within a period of 14 days after the day on which the notice is given, he will cancel the registration of the site;
(b) the period specified in the notice has expired; and
(c) the inspection fee has not been paid to the Secretary.

(4) The cancellation of the registration of a sampling site on the ground specified in paragraph (1) (a), (1) (b) or (1) (d) takes effect on the date specified in a notice given for the purpose of sub-regulation 15 (2), being a date not earlier than the date on which the notice is given.

(5) The cancellation of the registration of a sampling site on the ground specified in paragraph (1) (c) or (1) (e) takes effect at the expiration of the date of cancellation.

(6) Where the registration of a sampling site is cancelled, regulation 12 continues to apply, in relation to the inspection of the sampling site before the cancellation of the registration, as if-
(a) the registration of the site had not been cancelled; and
(b) the period from the commencement of the financial year in which the registration was cancelled to and including the date of cancellation were a financial year.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 14
Appeals

14. (1) In this regulation, " Tribunal " means the Administrative Appeals Tribunal established by the Administrative Appeals Tribunal Act 1975.

(2) Application may be made to the Tribunal for a review of a decision of the Secretary-
(a) refusing to register a sampling site;
(b) refusing to approve an amendment of the statement of methods relating to a registered sampling site; or
(c) cancelling the registration of a sampling site on the ground specified in paragraph 13 (1) (a), 13 (1) (b) or 13 (1) (d).

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 15
Notice of registration, &c.

15. (1) Where the Secretary-
(a) registers a sampling site; or
(b) approves the amendment of a statement of methods,
the Secretary shall give to the applicant for the registration or approval notice in writing of the registration of the site or the approval of the amendment, as the case may be.

(2) Where the Secretary cancels the registration of a sampling site on a ground specified in paragraph 13 (1) (a), 13 (1) (b) or 13 (1) (d), he shall give to the operator of the site and to the Authority notice in writing of the cancellation of the registration and of the date on which the cancellation shall take effect.

(3) Where the Secretary cancels the registration of a sampling site on the ground specified in paragraph 13 (1) (c) or 13 (1) (e), the Secretary shall give to the operator of the site and to the Authority notice in writing of the cancellation of the registration and of the time at which the cancellation took effect.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 16
Inspectors

16. (1) The Secretary may appoint such persons as he thinks fit to be inspectors for the purposes of these Regulations.

(2) The Secretary shall give to each person appointed under sub-regulation (1) a certificate signed by the Secretary and stating that the person is an inspector for the purposes of these Regulations.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 17
Giving of notices

17. Without prejudice to any other method of giving notice-
(a) a person may give a notice to the Secretary by sending the notice by post addressed to the Secretary at an office of the Department in the State of New South Wales; and
(b) the Secretary may give a notice to a person by sending the notice by post addressed to the person at his last-known place of residence or business.

1979 No. 102 WOOL INDUSTRY (SAMPLING SITES) REGULATIONS - REG 18
Delegation

18. (1) The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate any of his powers under these Regulations, other than this power of delegation.

(2) A power so delegated, when exercised by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised by the Secretary.

(3) A delegation under this regulation does not prevent the exercise of a power by the Secretary.