Wheat Export Charge Act (No. 2) 1946 (Cth)

WHEAT EXPORT CHARGE (No. 2).

 

No. 79 of 1946.

An Act to amend the Wheat Export Charge Act 1946.

[Assented to 14th December, 1946.]

BE it enacted by the King’s Most Excellent Majesty, the Senate and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Wheat Export Charge Act (No. 2) 1946.

(2.) The Wheat Export Charge Act 1946 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Wheat Export Charge Acts 1946.

Commencement.

2.This Act shall be deemed to have come into operation on the ninth day of August, One thousand nine hundred and forty-six.

Definitions.

3. Section three of the Principal Act is amended—

(a)by omitting the definition of “the Board” and inserting in its stead the following definitions:—

“‘season’, in relation to wheat, means the year, commencing on the first day of October, during which the wheat was harvested;

“‘the Board’ means the Australian Wheat Board constituted under the National Security (Wheat Acquisition) Regulations, and, in relation to anything done or required or permitted to be done after the commencement of section ten of the Wheat Industry Stabilization Act 1946, means the Australian Wheat Board constituted under that Act;”; and

(b)by omitting from the definition of “wheat products” the words “bread, cake or biscuits” and inserting in their stead the words “bread or cake”.

Charge on export of wheat and wheat products.

4. Section four of the Principal Act is amended—

(a)by inserting in sub-section (1.), before paragraph (a), the following paragraphs:—

“(aa)on all wheat harvested on or after the first day of October, One thousand nine hundred and

 

forty-five, and before the first day of October, One thousand nine hundred and forty-seven, and exported from the Commonwealth, by any person other than the Board, on or after the first day of December, One thousand nine hundred and forty-five;

“(ab)on all wheat products manufactured from wheat so harvested which are exported from the Commonwealth, by any person other than the Board, on or after the first day of December, One thousand nine hundred and forty-five;”;

(b)by omitting from paragraphs (a) and (b) of sub-section (1.) the word “forty-five” (wherever occurring) and inserting in its stead the word “forty-seven”;

(c) by omitting sub-section (2.) and inserting in its stead the following sub-sections:—

“(2.) Subject to a lower rate being prescribed by the regulations in respect of wheat of the relevant season, the rate of the charge per bushel of wheat exported by any person other than the Board shall be fifty per centum of the amount by which the price per bushel, at the date of export, for export of fair average quality bagged wheat free on rail at the port of export, as declared by the Board, or such lower price as is prescribed in respect of wheat of the relevant season, exceeds Five shillings and two pence.

“(2a.) Any declaration of the Board in pursuance of the last preceding sub-section may be in respect of a date or period prior to the making of the declaration.”;

(d)by omitting sub-section (5.) and inserting in its stead the following sub-sections:—

“(5.) In the case of wheat or wheat products exported by any person other than the Board on or after the day on which the Wheat Export Charge Act (No. 2) 1946 received the Royal Assent, the charge shall be paid on or before the entry of the wheat or wheat products for export, to such officers in the respective States, or in the Northern Territory, as are prescribed.

“(5a.) The charge in respect of any wheat or wheat products shallbe payable as a debt due to the Commonwealth by the person exporting the wheat or wheat products (whether that person is the Board or some other person).”; and

(e) by inserting in paragraph (a)