Wheat Industry Fund Levy Act 1989 (Cth)

Wheat Levy Act 1989

Act No. 57 of 1989 as amended

[Note: This Act is repealed by Act No. 32 of 1999]

This compilation was prepared on 2 May 2003

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

Contents

An Act to impose a levy on wheat produced in Australia

1Short title [see Note 1]

This Act may be cited as the Wheat Levy Act 1989.

2Commencement

This Act commences on 1 July 1989.

4Application to Crown

This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.

4AInterpretation

1. (1)

   In this Act, unless the contrary intention appears:

   value means sale value as ascertained in accordance with the regulations.

2. (2)

   Where a producer of wheat permits the wheat to be delivered to another person or to be taken by another person out of the producer’s possession or control, the producer is taken to have delivered the wheat to the other person.

3. (3)

   Where a producer of wheat causes the wheat to be carried by a person or persons to another person who does not receive the wheat for the purpose of carrying it to a further destination, the wheat is taken to have been delivered to the last-mentioned person.

4. (4)

   If the ownership of wheat passes from the producer to a person or to a number of persons in succession without any delivery of the wheat, a reference in this Act to the producer is a reference to that person or the last of those persons, as the case may be.

5. (5)

   Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

5Imposition of levy

Levy is imposed on wheat produced in Australia that is:

1. (a)

   delivered by the producer to another person, otherwise than for storage on behalf of the producer; or

2. (b)

   processed by or for the producer

on or after 1 July 1989.

6Rate of levy

The rate of levy is:

1. (a)

   5% of the value of the wheat; or

2. (b)

   if a lower percentage is prescribed under section 9—that lower rate.

7By whom levy payable

Levy on wheat is payable by the producer of the wheat.

8Exemption from levy

1. (1)

   If the total amount of levy that would, but for this subsection, be payable in respect of:

   1. (a)

      wheat delivered by a producer in a levy year; and

   2. (b)

      wheat processed by or for the same producer in that levy year;

   is less than the prescribed minimum amount for that levy year, levy is not imposed on that wheat.

2. (2)

   Where:

   1. (a)

      wheat is processed by or for the producer; and

   2. (b)

      the products and by‑products of that processing are used by the producer for domestic purposes but not for commercial purposes;

   levy is not imposed on that wheat.

9Regulations

1. (1)

   The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:

   1. (a)

      required or permitted by this Act to be prescribed; or

   2. (b)

      necessary or convenient to be prescribed for carrying out or giving effect to this Act.

2. (2)

   Without limiting the generality of subsection (1), the regulations that may be made under subsection (1) include regulations prescribing a percentage for the purpose of paragraph 6(b).

3. (3)

   The power to make regulations prescribing a percentage for the purpose of paragraph 6(b) shall be so exercised that:

   1. (a)

      until the commencement of subsection 85(1) of the Wheat Marketing Act 1989, the rate of levy is not lower than 0.25% of the value of wheat on which levy is imposed; and

   2. (b)

      after that commencement, the rate of levy is not lower than 2.25% of the value of wheat on which levy is imposed.

4. (4)

   Before making any regulation for the purposes of section 6 or 8, the Governor-General shall take into consideration any relevant recommendation made to the Minister by the Grains Council of Australia.

Notes to theWheat Levy Act 1989

Note 1

The Wheat Levy Act 1989 as shown in this compilation comprises Act No. 57, 1989 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Wheat Industry Fund Levy Act 1989	57, 1989	15 June 1989	1 July 1989
Primary Industries Levies and Charges (Consequential Provisions) Act 1991	26, 1991	1 Mar 1991	1 July 1991 (see s. 2)	—
Wheat Marketing Amendment Act 1997	194, 1997	8 Dec 1997	1 July 1999	—
Primary Industries Levies and Charges (Consequential Amendments) Act 1999	32, 1999	14 May 1999	1 July 1999	Sch. 1 (items 76, 77)

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 1.........................................	am. No. 194, 1997
S. 3.........................................	rep. No. 26, 1991
S. 4A......................................	ad. No. 26, 1991
S. 5.........................................	am. No. 26, 1991
Ss. 7, 8...................................	am. No. 26, 1991