WOOL MARKETING REGULATIONS (AMENDMENT) 1989 NO. 14 WOOL MARKETING REGULATIONS (AMENDMENT) 1989 NO. 14 - TABLE OF PROVISIONS 1. Principal Regulations 2. Pesticide residue-sale for export 3. Pesticide residue-withdrawal of wool 4. 5. 6. Review of decisions of Secretary 7. Schedule 8. Transitional 1989 No. 14 WOOL MARKETING REGULATIONS (AMENDMENT) - REG 1 Principal Regulations 1. In these Regulations, "Principal Regulations" means the Wool Marketing Regulations. 1989 No. 14 WOOL MARKETING REGULATIONS (AMENDMENT) - REG 2 Pesticide residue-sale for export 2. Regulation 25A of the Principal Regulations is amended by omitting "at an export auction" (wherever occurring) and substituting "for export". 1989 No. 14 WOOL MARKETING REGULATIONS (AMENDMENT) - REG 3 Pesticide residue-withdrawal of wool 3. Regulation 25B of the Principal Regulations is amended: (a) by omitting "any export auction" and substituting "sale for export"; (b) by omitting "at such an auction" and substituting "for export"; (c) by omitting "by such an auction" and substituting "for export". 1989 No. 14 WOOL MARKETING REGULATIONS (AMENDMENT) - REG 4 4. After regulation 25E of the Principal Regulations the following regulations are inserted in Part IIA: Sampling and testing-sale of greasy wool for export "25F. Where the Corporation has, under subsection 74 (1) of the Act, prohibited the offering for sale for export of greasy wool that does not meet industry standards, or industry terms, in relation to: (a) the sites at which, and the manner in which, samples of the wool are to be drawn; or (b) the laboratories at which, and the manner in which, tests are to be performed on the wool; a person shall not sell, or offer for sale, for export wool that, to the knowledge of that person, is wool to which the prohibition relates. Penalty: $5,000. Sampling and testing-withdrawal of greasy wool from sale for export "25G. Where the Corporation has, under subsection 74 (1) of the Act, ordered a person to withdraw from sale for export greasy wool that it considers does not meet industry standards, or industry terms, in relation to: (a) the sites at which, and the manner in which, samples of the wool are to be drawn; or (b) the laboratories at which, and the manner in which, tests are to be performed on the wool; the person shall not sell that wool for export. Penalty: $5,000. Sampling and testing-export of greasy wool "25H. (1) A person shall not knowingly export greasy wool that has been sold in contravention of regulation 25F or 25G. Penalty: $5,000. "(2) Subregulation (1) does not apply where the wool has, since the sale, been prepared in accordance with industry standards or industry terms.". 1989 No. 14 WOOL MARKETING REGULATIONS (AMENDMENT) - REG 5 5. Part III of the Principal Regulations is repealed and the following Part substituted: "PART III-SAMPLING SITES AND LABORATORIES Interpretation "26. (1) In this Part, unless the contrary intention appears: 'approved signatory', in relation to a test performed at a registered laboratory on samples of greasy wool, means a person: (a) nominated by the operator of the laboratory and by the Association for the purpose of signing a test certificate specifying the results of the test; and (b) approved for that purpose by the Secretary. 'Association' means the National Association of Testing Authorities, Australia, a company incorporated under the law of the State of Victoria; 'authorised representative', in relation to a sampling site or laboratory, means a person appointed, by instrument given to the Secretary, by the operator of the site or laboratory to represent that operator in all matters relating to the site or laboratory that arise under this Part; 'examinable document' means a document: (a) relevant to: (i) an application for registration by the Association of a sampling site or laboratory; (ii) the variation of the terms on which a sampling site or laboratory is registered by the Association; or (iii) the suspension or termination of registration by the Association of a sampling site or laboratory; (b) relevant to an allegation that: (i) a sampling site or laboratory proposed to be registered by the Secretary does not satisfy the criteria for its registration by the Association; (ii) a sample used, or proposed to be used, for a test certificate for greasy wool was not drawn at a registered sampling site in accordance with the terms on which the site was registered by the Association; or (iii) a test required for a test certificate for greasy wool was not performed at a registered laboratory in accordance with the terms on which the laboratory was registered by the Association; (c) relevant to the drawing of a sample at a registered sampling site; or (d) relevant to the performance of a test at a registered laboratory; 'greasy wool' means greasy wool for sale for export; 'laboratory' means an establishment operated by a wool test house that: (a) performs at the establishment tests on greasy wool; and (b) grants certificates certifying the results of those tests; 'register' means register under this Part; 'terms' includes conditions; 'test' includes measurement; 'test certificate', in relation to a test performed at a registered laboratory on greasy wool, means a certificate granted by the laboratory that specifies the results of the test and that bears: (a) the Association's logo, the design of which is set out in the Schedule; (b) the words "This laboratory is registered by the National Association of Testing Authorities, Australia which operates the Australian Wool Surveillance Authority. The tests reported herein have been performed in accordance with this laboratory's terms of registration."; and (c) the signature of an approved signatory. "(2) A reference in these Regulations to the criteria for the registration of sampling sites and laboratories by the Association is a reference to a document: (a) that sets out the criteria for the registration of sampling sites and of laboratories by the Association; (b) approved by the Secretary in writing; (c) published by the Association on 10 February 1989 under the title "Australian Wool Surveillance Authority Requirements for Registration-Wool"; and (d) available for sale to the public at all the offices of the Association. Application for registration by the Secretary "27. (1) Application for registration by the Secretary of a sampling site or laboratory shall be made: (a) by the Association on behalf of the operator of the site or laboratory; or (b) by the authorised representative of the operator of the site or laboratory; by lodging an application with the Secretary. "(2) An application for registration of a sampling site or laboratory shall: (a) be in a form approved by the Secretary; (b) be signed in a manner approved by the Secretary; (c) state that the site or laboratory is registered by the Association; and (d) set out: (i) the name of the operator of the site or laboratory; (ii) the name (if any) of the site or laboratory; (iii) the address of the site or laboratory; and (iv) the terms on which the site or laboratory is registered by the Association. Registration by the Secretary "28. (1) Subject to regulations 29 and 31, where application for registration of a sampling site has been duly made, the Secretary shall register the site for the purpose of drawing samples of greasy wool at the site in accordance with the terms on which the site is registered by the Association. "(2) Subject to regulations 29 and 31, where application for registration of a laboratory has been duly made, the Secretary shall register the laboratory for the purpose of performing at the laboratory in accordance with the terms on which the laboratory is registered by the Association tests that are required for test certificates for greasy wool. "(3) Where the Secretary registers a sampling site or laboratory, the Secretary shall give the authorised representative of the site or laboratory notice in writing of the registration of the site or laboratory. Criteria for registration by the Secretary of a sampling site or laboratory "29. (1) The Secretary shall not register a sampling site or laboratory unless it satisfies the criteria for the registration of the site or laboratory by the Association. "(2) Where the Secretary refuses to register a sampling site or laboratory, the Secretary shall give the authorised representative of the site or laboratory notice in writing of the refusal and of the reasons for the refusal. "(3) A notice given under subregulation (2) of a decision of the Secretary to refuse to register a sampling site or laboratory shall: (a) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made by the authorised representative of the site or laboratory to the Administrative Appeals Tribunal for the review of the decision; and (b) except where subsection 28 (4) of that Act applies-include a statement to the effect that the authorised representative of the site or laboratory may request a statement under section 28 of that Act. "(4) The validity of a decision referred to in subregulation (3) is not affected by failure to comply with that subregulation. Keeping of records by the Association "30. The Association shall keep each examinable document made by, or that comes into the possession of, the Association for a period of 7 years after the document is made, or first comes into the possession of the Association, as the case may be. Penalty: $5,000. Proposed sampling site or laboratory-inspection on behalf of the Secretary "31. Where application is made for registration of a sampling site or laboratory, the Secretary may: (a) decline to deal further with the application until the site or laboratory has been inspected; and (b) cause the site or laboratory to be inspected. Appointment of inspectors by the Secretary "32. (1) The Secretary may, by instrument, appoint a person to be an inspector for the purposes of this Part. "(2) The Secretary shall issue to a person appointed under subregulation (1) an identity card, bearing a recent photograph of the person, stating that the person is an inspector for the purposes of this Part. "(3) A person who ceases to be an inspector shall return his or her identity card to the Secretary as soon as practicable. Penalty: $100. "(4) An inspector has the functions conferred on him or her under this Part. Powers of entry of inspectors appointed by the Secretary "33. (1) An inspector may, at any reasonable hour of the day or night, enter on or into the premises of a sampling site or laboratory that is registered, or proposed to be registered, by the Secretary for the purpose of ascertaining: (a) in the case of a sampling site or laboratory that is proposed to be registered-whether the site or laboratory satisfies the criteria for its registration by the Association; (b) in the case of a registered sampling site-whether samples used, or proposed to be used, for tests required for test certificates for greasy wool have been, or are, drawn at the site in accordance with the terms on which the site is registered by the Association; and (c) in the case of a registered laboratory-whether tests required for test certificates for greasy wool have been, or are, performed at the laboratory in accordance with the terms on which the laboratory is registered by the Association. "(2) An inspector is not authorised to remain on the premises of a sampling site or laboratory if, on request by or on behalf of the operator of the site or laboratory, the inspector fails to produce an identity card issued to the inspector under subregulation 32 (2). "(3) An inspector who enters on or into premises under regulation 31 or subregulation (1) is authorised, for a purpose mentioned in that subregulation, to: (a) inspect the buildings and equipment on the premises; (b) in the case of a registered sampling site: (i) inspect any samples of greasy wool on or near the premises; and (ii) where the wool from which those samples were drawn, or are alleged to have been drawn, is on or near the premises-inspect and take samples from that wool; (c) observe any sampling method or test being performed on the premises; (d) observe any other use made of the premises; (e) inspect examinable documents on or near the premises; (f) take copies of, and make extracts from, any such document; and (g) require the authorised representative of the site or laboratory or the occupier, or other person apparently in charge of, the site or laboratory to make available examinable documents kept on or near the premises. "(4) An inspector may, at any reasonable hour of the day or night, enter on or into the premises of the Association for the purpose of ascertaining: (a) whether a sampling site or laboratory proposed to be registered by the Secretary satisfies the criteria for its registration by the Association; (b) whether a sample used, or proposed to be used, for a test required for a test certificate for greasy wool was drawn at a registered sampling site in accordance with the terms on which the site is registered by the Association; and (c) whether a test required for a test certificate for greasy wool was performed at a registered laboratory in accordance with the terms on which the laboratory is registered by the Association. "(5) An inspector is not authorised to remain on the premises of the Association if, on request by an officer of the Association, the inspector fails to produce an identity card issued to the inspector under subregulation 32 (2). "(6) An inspector who enters on or into premises under subregulation (4) is authorised, for a purpose mentioned in that subregulation, to: (a) inspect the buildings and equipment on the premises; (b) inspect examinable documents on or near the premises; (c) take copies of, and make extracts from, any such document; and (d) require an officer of the Association to make available examinable documents kept on or near the premises. Restriction on powers of entry "34. (1) An inspector may enter any premises of a sampling site or laboratory and may search the premises and exercise all or any of the powers mentioned in subregulation 33 (3) if, and only if, the search is made and those powers are exercised: (a) under a warrant issued under regulation 36; or (b) after obtaining the consent of the authorised representative of the site or laboratory or the occupier, or other person apparently in charge of, the premises. "(2) An inspector may enter any premises of the Association and exercise all or any of the powers mentioned in subregulation 33 (6) if, and only if, the search is made and those powers are exercised: (a) under a warrant issued under regulation 36; or (b) after obtaining the consent of an officer of the Association. Consent to entry "35. (1) Before obtaining the consent of a person for the purposes of regulation 34, an inspector shall inform the person that he or she may refuse to give consent. "(2) Where an inspector obtains the consent of a person for the purposes of regulation 34, the inspector shall ask the person to sign a written acknowledgement: (a) of the fact that the person has been informed that he or she may refuse to consent; (b) of the fact that the person has voluntarily given consent; and (c) of the day on which, and the time at which, the person gave consent. "(3) Where it is material, in any proceedings, for a court to be satisfied of the consent of a person for the purposes of regulation 34 and an acknowledgement, in accordance with subregulation (2), signed by the person is not produced in evidence, the court shall assume, unless the contrary is proved, that the person did not give such a consent. Search warrants "36. (1) Where an information on oath is laid before a Magistrate alleging in respect of specified premises that there are reasonable grounds for suspecting: (a) that a sampling site or laboratory proposed to be registered by the Secretary does not satisfy the criteria for registration of the site or laboratory by the Association; (b) that a sample used, or proposed to be used, for a test required for a test certificate for greasy wool was not drawn, or may not be drawn, at a registered sampling site in accordance with the terms on which the site is registered by the Association; (c) that a test required for a test certificate for greasy wool was not, or may not be, performed at a registered laboratory on greasy wool in accordance with the terms on which the laboratory is registered by the Association; or (d) that an examinable document may be on or near the premises; and the information sets out those grounds, the Magistrate may issue a search warrant authorising an inspector, with such assistance as is necessary and reasonable and such force as is necessary and reasonable, to enter on or into the premises, to search the premises and to exercise all or any of the powers mentioned in subregulation 33 (3). "(2) Where an information on oath is laid before a Magistrate alleging in respect of specified premises of the Association that there are reasonable grounds for suspecting: (a) that: (i) a sampling site or laboratory proposed to be registered by the Secretary does not satisfy the criteria for registration of the site or laboratory by the Association; (ii) a sample used, or proposed to be used, for a test required for a test certificate for greasy wool was not drawn at a registered sampling site in accordance with the terms on which the site is registered by the Association; or (iii) a test required for a test certificate for greasy wool was not performed at a registered laboratory on greasy wool in accordance with the terms on which the laboratory is registered by the Association; and (b) that an examinable document relevant to an allegation referred to in subparagraph (a) (i), (ii) or (iii) may be on or near the premises; and the information sets out those grounds, the Magistrate may issue a search warrant authorising an inspector, with such assistance as is necessary and reasonable and such force as is necessary and reasonable, to enter on or into the premises, to search the premises and to exercise all or any of the powers mentioned in subregulation 33 (6). "(3) A Magistrate shall not issue a warrant under subregulation (1) or (2) unless: (a) the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and (b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant. "(4) A warrant issued under this regulation shall specify: (a) the purposes for which the warrant is issued; (b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (c) a day, not being later that one month after the day of issue of the warrant, on which the warrant ceases to have effect. Secretary to be informed of operations at sampling site "37. (1) The Secretary may, by notice in writing given to the authorised representative of a registered sampling site, require the representative to inform the Secretary in writing of the days, within a period specified in the notice, on which the operator of the site intends to draw samples of greasy wool at the site. "(2) A person to whom a notice is given under subregulation (1) shall comply with the requirement of the notice not later than 7 days before the commencement of the period specified in the notice. Penalty: $1,000. "(3) The period to be specified in a notice under subregulation (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. Variation of terms of, suspension of or cancellation of registration by the Association-notice to the Secretary "38. Where: (a) the terms on which a registered sampling site or registered laboratory is registered by the Association are altered; (b) the registration by the Association of a registered sampling site or registered laboratory is suspended or cancelled; (c) the operator of a registered sampling site or registered laboratory appeals to a court against any action of the Association that alters the terms on which the site or laboratory is registered by the Association; or (d) any other action is taken that alters the rules under which or the terms on which a registered sampling site or registered laboratory is registered by the Association; the Association shall, as soon as practicable, give notice in writing to the Secretary setting out: (e) the name of the operator of the site or laboratory; (f) the address of the site or laboratory; (g) the action that was taken; (h) if the rules under which or the terms on which the site or laboratory is registered by the Association have been altered-the manner in which they have been altered; (i) the reason for the action being taken; and (j) the day on which the action was taken. Suspension or cancellation of registration by the Secretary "39. (1) Where the operator of a registered sampling site or registered laboratory appeals to a court against any action taken by the Association that alters the terms on which the site or laboratory is registered by the Association, the Secretary may, in writing, suspend the registration of the site or laboratory until the appeal has been resolved. "(2) Where the registration by the Association of a registered sampling site or registered laboratory is cancelled, the Secretary shall cancel the registration of the site or laboratory. "(3) Where the registration by the Association of a registered sampling site or registered laboratory is suspended, the Secretary may, in writing, suspend for a specified period the registration of the site or laboratory. "(4) Where: (a) a sample of greasy wool used, or proposed to be used, for a test required for a test certificate for the wool is drawn at a registered sampling site otherwise than in accordance with the terms on which the site is registered by the Association; (b) a test required for a test certificate for greasy wool is performed at a registered laboratory otherwise than in accordance with the terms on which the laboratory is registered by the Association; or (c) the operator or authorised representative of a registered sampling site fails to comply with a requirement given to the authorised representative under subregulation 37 (1); the Secretary may, in writing, suspend for a specified period, or cancel, the registration of the site or laboratory. "(5) The Secretary shall suspend or cancel the registration of a sampling site or laboratory only if: (a) the Secretary has given to the authorised representative of the site or laboratory notice in writing specifying the ground on which the Secretary proposes to do so and inviting the operator to show reasonable cause why the registration should not be suspended or cancelled; (b) a period of 14 days has elapsed since that notice was given; and (c) the Secretary is satisfied that reasonable cause has not been shown. "(6) Suspension or cancellation by the Secretary of the registration of a sampling site or laboratory takes effect on the date specified in the instrument of suspension or cancellation, being a date not earlier than the end of the period mentioned in paragraph (5) (b). "(7) A notice given under subregulation (6) of a decision of the Secretary to suspend or cancel the registration of a sampling site or laboratory shall: (a) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made by the authorised representative of the site or laboratory to the Administrative Appeals Tribunal for the review of the decision; and (b) except where subsection 28 (4) of that Act applies-include a statement to the effect that the authorised representative of the site or laboratory may request a statement under section 28 of that Act. "(8) The validity of a decision referred to in subregulation (7) is not affected by failure to comply with that subregulation. Giving of notices "40. 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 Canberra; and (b) the Secretary may give a notice to a person by sending the notice by post addressed to the person at the last-known place of residence or business of that person. Delegation by the Secretary "41. The Secretary may, by instrument signed by the Secretary, delegate to an officer in the Senior Executive Service in the Department any of the powers of the Secretary under these Regulations.". 1989 No. 14 WOOL MARKETING REGULATIONS (AMENDMENT) - REG 6 Review of decisions of Secretary 6. Regulation 44 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulation: "(1) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary: (a) under subregulation 29 (1) to refuse to register a sampling site or laboratory; and (b) under subregulation 39 (4) to suspend or cancel the registration of a registered sampling site or registered laboratory.". 1989 No. 14 WOOL MARKETING REGULATIONS (AMENDMENT) - REG 7 Schedule 7. The Principal Regulations are amended by adding at the end the following Schedule: "SCHEDULE Subregulation 26 (1) LOGO OF THE ASSOCIATION The logo shall be in black and white with a black or blue background for the letters NATA.". 1989 No. 14 WOOL MARKETING REGULATIONS (AMENDMENT) - REG 8 Transitional 8. (1) In this regulation: "amended Regulations" means the Principal Regulations as amended by these Regulations; "commencement day" means the day on which these Regulations commence; "former Regulations" means the Principal Regulations as in force immediately before the commencement day. (2) A sampling site registered under Part III of the former Regulations immediately before the commencement day shall be taken to have been registered under Part III of the amended Regulations during the period that begins on the commencement day and ends on: (a) the day on which the site is registered by the Secretary under subregulation 28 (1) of the amended Regulations; (b) the day on which the Secretary gives under subregulation 29 (2) of the amended Regulations notice of refusal to register the site; or (c) 31 December 1989; whichever first occurs, for the purpose of drawing samples at the site during that period in accordance with the statement of methods applicable to the site immediately before the commencement day under Part III of the former Regulations. (3) Subregulation 32 (1) of the former Regulations does not apply in respect of samples drawn after 31 January 1989. (4) The operator of a sampling site registered under Part III of the former Regulations immediately before the commencement day shall forward to the Secretary, before the expiration of 1 month after the commencement day, a copy of the record kept under subregulation 32 (1) of the former Regulations in relation to the period that commenced on 1 July 1988 and ended on 31 January 1989. (5) Subregulations 35 (2) and (3) of the former Regulations do not apply in respect of an inspection or inspections carried out after 31 January 1989. (6) For the purposes of the application of subregulations 35 (2) and (3) of the former Regulations in respect of an inspection or inspections carried out at a sampling site during the period that commenced on 1 July 1988 and ended on 31 January 1989, the inspection fee payable is: (a) the amount calculated by multiplying 10 cents by the number of the lots of greasy wool from which core samples were drawn at the site during that period, being samples of greasy wool that were suitable for testing for the purpose of the issue of I.W.T.O. certificates within the meaning of Part III of the former Regulations; or (b) $120; whichever is the greater. - NOTES 1989 No. 14*1* WOOL MARKETING REGULATIONS*2* (AMENDMENT) *1* Notified in the Commonwealth of Australia Gazette on 27 February 1989. *2* Statutory Rules 1987 No. 132 as amended by 1987 No. 308; 1988 Nos. 115 and 139.