Statutory  Rules  1991   No. 351

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Wool Marketing Regulations 2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Wool Marketing Act 1987.

 Dated 21 March 1991.

            BILL HAYDEN

  Governor-General

 By His Excellency’s Command,

J. KERIN

Minister of State for Primary Industries

and Energy

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1.   Amendment

1.1   The Wool Marketing Regulations are amended as set out in these Regulations.

2.   New regulations 43, 43a, 43b and 43c

2.1   After regulation 42, insert in Part V:

Heading to Division 1 of Part VIIa of the Act (Division 1—Inspections relating to refunds)

 “43. The heading to Division 1 of Part VIIa of the Act is repealed and the following heading substituted:

‘Division 1—Inspections relating to refunds

and supplementary payments’.

Amendment of section 119a of the Act

 “43a.Section 119a of the Act is amended:

 (a) by inserting after subsection (1) the following subsection:

  ‘(1a)  The Secretary of the Department may, in writing, appoint an officer of the Department to be an inspector for the purposes of this Division.’;

 (b)by inserting in subsection (2) ‘or Secretary ’ after ‘Managing Director’.

Amendment of section 119b of the Act

 “43b.Section 119b of the Act is amended:

 (a) by inserting after subsection (1) the following subsection:

  ‘(1a)  Subject to subsection (2), a person who is an inspector for the purposes of this Division may, for the purpose of finding out whether the requirements of this Act and the guidelines relating to supplementary payments have been, or are being, complied with:

   (a) enter any premises; and

   (b) exercise the powers set out in subsection (3).’;

 (b) by inserting in paragraph (3) (a) ‘or supplementary payments document’ after ‘refund document’;

 (c) by inserting in paragraph (3) (c) ‘or supplementary payments document’ after ‘refund document’;

 (d) by inserting in subsection (5) ‘or supplementary payments document’ after ‘refund document’;

 (e) by adding at the end of subsection (6):

   ‘“supplementary payments document” means any book or other document relating to supplementary payments under Part X of this Act.’.

Amendment of section 119c of the Act

 “43c.Section 119c of the Act is amended:

 (a) by inserting after subsection (2) the following subsection:

  ‘(2a)  A magistrate may issue a warrant if satisfied, by information on oath, that it is reasonably necessary that the inspector should have access to the premises, for the purposes of finding out whether the requirements of this Act and the guidelines relating to supplementary payments are being complied with.’;

 (b) by omitting from subsection (3) ‘The warrant’ and substituting ‘A warrant under subsection (2) or (2a)’.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 March 1991.

2. Statutory Rules 1987 No. 132 as amended by 1987 No. 308; 1988 Nos 115 and 139; 1989 Nos 14, 110 and 212; 1990 Nos 17, 18, 53 and 203.