Compilation #0 | Effective 1985-12-01
FRBR Work URI: /akn/au/act/1995/133
1. Subsection 64(1):
Omit all the words after “person”, substitute “whose name is in the section 66 register at the time when the regulations require the record to be sent”.
2. Subsection 64(4):
Omit the subsection.
3. Subsections 66(1) and (2):
Add at the end:
“Note: The operation of this subsection is modified for small taxpayers by subsection (5).”.
4. Section 66:
Add at the end:
“(5) In determining whether a person is a wool-tax payer for the purposes of subsections (1) and (2), if:
(a) the person has paid wool tax imposed on particular shorn wool; and
(b) the rate of that tax was calculated by reference to a sale value of less than the amount specified in the regulations; and
(c) the payment is made on or after the day specified in the regulations;
the payment is to be ignored. However, this rule does not apply if the person gives Wool International a written request to take the payment into account in determining whether the person is a wool-tax payer for the purposes of subsections (1) and (2).
“(6) A request made by a person under subsection (5) may be expressed to relate to a payment that will be, or that might possibly be, made by the person after whichever is the later of:
(a) the time when the request was made; or
(b) the beginning of the day referred to in paragraph (5)(c).
“(7) A request made by a person under subsection (5) may be expressed to relate to a payment that was made by the person before the time when the request was made. In that event, Wool International is not required to enter the relevant particulars in the register until after the time when the request was made.”.
SCHEDULE 2—continued
5. After section 66:
Insert:
Carpet wool-tax payers
“66A.(1) This section applies if Wool International has information about a person who has paid wool tax imposed on carpet wool.
“(2) The Australian Wool Research and Promotion Organisation may, with the consent of the person, request Wool International to:
(a) allow the Organisation access to that information; or
(b) provide the Organisation with a copy of, or an extract from, that information.
“(3) Wool International must comply with the request.”.
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SCHEDULE 3 Section 3
AUSTRALIAN WOOL RESEARCH AND PROMOTION ORGANISATION ACT 1993
1. Subsection 35(1):
Omit “within Australia”.
2. Subsection 55(2):
Omit the subsection, substitute:
“(2) The sum of the amounts paid to the Organisation under subsection (1) must not exceed the total of the amounts paid to the Organisation under section 49 and subsections 52(2) and (4).
“(2A) The amount paid to the Organisation under subsection (1) in respect of a financial year must not exceed 0.5% of the total amount that the Minister determines to be the gross value of shorn wool produced in Australia in the financial year.”.
1. After paragraph 6(1)(e):
Insert:
“(ea) to develop or implement, or to arrange for the development or implementation of, programs to maintain and improve the quality of Australian wool, being:
(i) monitoring programs in relation to chemical residues in wool; or
(ii) education programs in relation to chemical residues in wool; and”.
2. Part 11:
Repeal the Part.
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SCHEDULE 4 Section 3
PETROLEUM (SUBMERGED LANDS) ACT 1967
1. Paragraphs 124(a) and (b):
Add at the end “or”.
2. After paragraph 124 (d):
Insert:
“or (e) the enjoyment of native title rights and interests (within the meaning of the Native Title Act 1993);”.
3. Subsection 5(1):
Insert:
“operation means an activity to which Part III applies.”.
4. Division 6B of Part III (Heading):
Omit “Occupational”.
5. Subsection 140H(1):
After “subsection (2)” insert “and regulations made for the purposes of subsection 140I(1)”.
6. Subsection 140H(2):
Omit “to the extent that”, substitute “if”.
7. Subsection 140H(2):
After “provides” insert “, to any extent,”.
8. After section 140H:
Insert:
Regulations relating to health and safety
“140I.(1) The regulations may make provision in relation to the health and safety of persons at or near an operations site who are under the control of a person who is carrying on an operation.
SCHEDULE 4—continued
“(2) Regulations for the purposes of subsection (1) may:
(a) require a person who is carrying on an operation to establish and maintain a system of management to secure the health and safety of persons referred to in that subsection; and
(b) specify requirements with which the system must comply.
This subsection does not limit the generality of subsection (1).
9. Subsection 33(2):
Omit the subsection, substitute:
“(2) Subject to subsection (2A), the conditions referred to in subsection (1) may include all or any of the following:
(a) conditions with respect to work to be carried out by the permittee in or in relation to the permit area during the term of the permit, including conditions that require the permittee to carry out the work during a period or periods consisting of one or more years; or
(b) conditions with respect to amounts to be expended by the permittee in the carrying out of such work; or
(c) conditions requiring the permittee to comply with directions given in accordance with the permit concerning the matters referred to in paragraphs (a) and (b).”.
10. Before subsection 96(1):
Insert:
“(1AA) This section does not apply to permits granted under section 22 or such permits renewed under section 32.”.
11. Subsection 104(1):
Omit at any time,”.
12. After subsection 104(3):
Insert:
“(3A) If:
(a) an application for consent to surrender an instrument relates to a permit granted under section 22 or such a permit renewed under section 32; and
SCHEDULE 4—continued
(b) a condition of the permit requires the registered holder to carry out specified work during a period specified in the permit; and
(c) the application is made during such a period;
the registered holder of the permit has not complied with the condition, for the purposes of this section, unless the registered holder has completed the work specified for the period during which the application was made.
Example
A permit granted under section 22 has a six year term and is subject to:
(a) a condition that requires the registered holder, during each year of the term of the permit, to carry out the work specified in the permit for the year concerned; and
(b) a condition that requires the registered holder to carry out the work specified for the first 3 years of the term of the permit before the end of the third year.
If the registered holder of the permit applies for consent to surrender the permit during the second year of the term of the permit and the holder has completed the specified work for the first and second years of the permit, but has not completed the work specified for the third year, the holder has not complied with the condition mentioned in paragraph (b).
If the registered holder of the permit applies for consent to surrender the permit during the fourth year of the term of the permit and the registered holder has not completed the work specified for the fourth year, the holder has not complied with the condition mentioned in paragraph (a).”.
13. Permits granted before commencement
1. Object
The object of this Part is to enable the Exotic Animal Disease Preparedness Trust Account to be closed before 31 December 1995.
2. Before subsection 24(1):
Insert:
“(1A) The Account must be closed on a day not later than 31 December 1995.”.
3. Subsection 24(1):
Omit all the words to and including “shall” (second occurring), substitute:
“Any money standing to the credit of the Account on the day before the day on which it is to be closed must”.
4. Paragraph 24(1) (c):
Omit the paragraph, substitute:
“(c) the Australian Wool Research and Promotion Organisation (being the corporation established by subsection 5(1) of the Australian Wool Research and Promotion Organisation Act 1993); and”.
5. Subsection 24(2) (definition of “ASC”):
Omit “at the time when it is closed”.
6. Paragraph 24(3)(f):
Omit the paragraph, substitute:
“(f) in the case of the Australian Wool Research and Promotion Organisation—the total of the amounts received by the Commonwealth under section 53A of the Wool Marketing Act 1987, section 26 of the Australian Wool Corporation Act 1991 and section 79 of the Australian Wool Research and Promotion Organisation Act 1993; and”.
SCHEDULE 6—continued
7. Object
The object of this Part is to ensure that certain payments received by the Commonwealth in relation to the Exotic Animal Disease Control Act 1989 can be paid into the Exotic Animal Disease Preparedness Trust Account, before that account is closed.
8. Payments into Account