Wheat Export Charge Act 1974 (Cth)

WHEAT EXPORT CHARGE ACT 1974

No. 64 of 1974

An Act to impose a Charge in respect of Wheat and Wheat Products exported from Australia.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title.

1. This Act may be cited as the Wheat Export Charge Act 1974.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Repeal.

3. The Wheat Export Charge Act 1968 and the Wheat ExportCharge Act 1973 are repealed.

Interpretation.

4. (1) Expressions used in this Act that are defined in the WheatIndustry Stabilization Act 1974have the same meanings as they have in that Act.

(2) For the purposes of this Act, wheat or wheat products entered for export by a person other than the Board in a year commencing on 1 January shall be deemed to be, or to be produced from (as the case may be), wheat harvested in the season that commenced on 1 October in the immediately preceding year.

(3) In this Act—

(a) a reference to wheat products of a season shall be read as a reference to wheat products produced wholly or partly from, or from materials produced from, wheat of that season;

(b) a reference to charge in respect of a season shall be read as a reference to charge in respect of the export of wheat and wheat products of that season; and

(c) a reference to the wheat equivalent of wheat products shall be read as a reference to the wheat used in, or used in the production of the materials used in, the wheat products.

Charge on export of wheat and wheat products.

5. (1)Subject to this Act, a charge is imposed, and shall be levied and paid, on the export from Australia, by or with the consent of the Board, of wheat and wheat products of the season commencing on wheat 1 October 1974 or any of the next 4succeeding seasons.

(2) The charge is payable by the Board.

Amount of charge.

6. (1) The amount, if any, of the charge in respect of a season shall be ascertained in accordance with this section.

(2) The charge is not payable in respect of the export of wheat of a season unless the average export price for the season exceeds the stabilization price and also exceeds $55.12.

(3) Subject to sub-section (4), the total amount of the charge payable in respect of a season is—

(a) an amount calculated at the rate of $5.51 per tonne of wheat of that season, and of the wheat equivalent of wheat products of that season, exported by or with the consent of the Board; or

(b) $30,000,000,

whichever is the less.

(4) The total amount of charge payable in respect of a season shall not exceed an amount calculated at a rate per tonne of the wheat of that season, and of the wheat equivalent of wheat products of that season, exported by or with the consent of the Board that is equal to the excess of the average export price for the season over the stabilization price or $55.12, whichever is the higher.

Payment of charge.

7.