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Australian Wool Research and Promotion Organisation Amendment Bill 1998
Schedule 1 Amendment of the Australian Wool Research and Promotion Organisation Act 1993

   

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:

11   Consultation in relation to corporate plans

                   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:

69A   The voluntary register of wool-tax payers

             (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.