Federal Register of Legislation - Australian Government

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Wool International Regulations (Amendment)

Authoritative Version
SR 1994 No. 43 Regulations as made
These Regulations amend the Wool International Regulations.
Administered by: Agriculture, Fisheries and Forestry
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled Senate17-Mar-1994
Tabled HR22-Mar-1994
Gazetted 11 Mar 1994
Date of repeal 08 Jun 2011
Repealed by Agriculture, Fisheries and Forestry Redundant Regulations (Repeal) 2011

Statutory Rules 1994   No. 431

__________________

Wool International Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Wool  International Act 1993.

Dated 4 March 1994.

 

                                                                                    BILL HAYDEN

                                                                                   Governor-General

By His Excellency’s Command,

 

 

BOB COLLINS

Minister for Primary Industries and Energy

____________

1.   Commencement

1.1   Regulation 4 is taken to have Commenced on 1 December 1993.

[NOTE:  The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

2.1   The Wool International Regulations are amended as set out in these Regulations.

3.   Regulation 2 (Interpretation)

3.1   Insert the following definitions:

“ ‘intermediary’ has the same meaning as in the Wool Tax (Administration) Regulations;

‘the Commissioner’ means the Commissioner of Taxation;”.

3.2   Add at the end:

           “(2)   A reference in these Regulations to selling wool includes a reference to incurring liability to pay wool tax otherwise than by selling wool.”.

4.   New regulation

4.1   Add at the end:

Liability to State pay-roll tax

             “4.   Subsection 61 (2) of the Act does not apply in relation to taxation under any of the following laws:

             (a)   Pay-roll Tax Act 1971 of New South Wales;

             (b)   Pay-roll Tax Act 1971 of Victoria;

             (c)   Pay-roll Tax Act 1971 of Queensland;

             (d)   Pay-roll Tax Act 1971 of South Australia;

             (e)   Pay-roll Tax Act 1971 of Western Australia;

              (f)   Pay-roll Tax Act 1974 of Tasmania;

             (g)   Pay-roll Tax Act 1971 of the Northern Territory;

             (h)   Pay-roll Tax Act 1987 of the Australian Capital Territory.”.

5.   New regulations

5.1   Add at the end:

Additional contributions

             “5.   (1)    For the purposes of subsection 45 (2) of the Act, an additional contribution in relation to a particular financial year is to be paid to the Commonwealth by paying it to the Commissioner not later than 3 months after the end of that financial year.

           “(2)   If a person who has paid wool tax imposed in a financial year commencing on or after 1 July 1993 on shorn wool (other than carpet wool) makes an additional contribution, the person must give the Commissioner the particulars set out in subregulation (4).

Penalty: 5 penalty units.

           “(3)   If an intermediary makes an additional contribution on behalf of a person who has paid wool tax imposed in a financial year commencing on or after 1 July 1993 on shorn wool (other than carpet wool), the intermediary must give the Commissioner the particulars set out in subregulation (4) (as far as the intermediary is able to ascertain them).

Penalty: 5 penalty units.

           “(4)   For the purposes of subregulations (2) and (3), the following are the particulars that must be given to the Commissioner or Wool International:

             (a)   the full name and postal address of the wool-tax payer (including any applicable Australian Company Numbers and details of any associated trading names relevant to the person’s wool related activities);

             (b)   the full name and postal address of the intermediary (if any, including any applicable Australian Company Numbers and details of any associated trading names relevant to the person’s wool related activities);

             (c)   the gross value of taxable wool sold by the person in the year to which the additional payment relates;

             (d)   the gross value of any taxable carpet wool sold by the person in the year to which the additional payment relates;

             (e)   if an intermediary is giving the particulars—the total tax paid by the intermediary in relation to the wool referred to in paragraphs (d) and (e).

           “(5)   The particulars referred to in subregulation (4) must be given to the Commissioner:

             (a)   in writing; or

             (b)   in an electronic form acceptable to the recipient.

           “(6)   If a person gives particulars referred to in subregulation (4) to the Commissioner, the Commissioner must give them to Wool International.

Provision of wool tax records to wool-tax payers

             “6.   (1)    For the purposes of subsection 64 (1) of the Act, a wool tax record must be sent annually.

           “(2)   For the purposes of subsection 64 (3) of the Act, a wool tax record in relation to a person who has paid tax under the Wool Tax Acts must contain a statement of:

             (a)   the amounts of wool tax; and

             (b)   additional contributions under section 45 of the Act;

paid by the person during the financial year to which the record relates, including brief details sufficient to identify each particular transaction.

Register of wool-tax payers

             “7.   For the purposes of paragraph 66 (2) (b) of the Act, the register of wool-tax payers must contain, in relation to each wool-tax payer:

             (a)   the particulars given to the Commissioner under subsection 28 (2), 29 (2), 30 (2), 31 (2) or 32 (2) of the Administration Act that are transmitted by the Commissioner to Wool International under section 63 of the Act; and

             (b)   any particulars given to Wool International under subregulation 4 (6).”.

 

 

NOTES

1.   Notified in the Commonwealth of Australia Gazette on  11 March 1994.

2.   Statutory Rules 1993 No. 336.