Wheat Export Charge Act 1973
No. 160 of 1973
AN ACT
To amend the Wheat Export Charge Act 1968.
[Assented to 3 December 1973]
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the Wheat Export Charge Act 1973.
(2) The Wheat Export Charge Act 1968 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 Act 1968-1973.
Commencement
2. This Act shall be deemed to have come into operation on 1 October 1973.
Rate of the charge.
3. Section 6 of the Principal Act is amended—
(a) by omitting the word “bushel” (wherever occurring) and substituting the word “tonne”;
(b) by omitting the words “Five cents” (wherever occurring) and substituting the words “One dollar eighty-four cents”; and
(c) by omitting the words “Fifteen cents” (wherever occurring) and substituting the words “Five dollars fifty-one cents”.
4. After section 7 of the Principal Act the following section is inserted:—
Wheat in 1973-1974 pool
“7a. (1) This section applies to wheat of the season that commenced on 1 October 1972 delivered to a licensed receiver (within the meaning of the Wheat Industry Stabilization Act 1968-1973) after 30 September 1973.
“(2) In relation to the season that commenced on 1 October 1973, in ascertaining the average price for the purposes of sub-section (1) of section 6, the wheat of that season shall be deemed to include the wheat to which this section applies.
“(3) Notwithstanding the operation of sub-section (1) of section 6 in relation to wheat of the season that commenced on 1 October 1972, if the charge is payable in respect of wheat of the season that commenced on 1 October 1973, the charge is payable in respect of wheat to which this section applies as if it were wheat of the last-mentioned season.
“(4) Sub-section (4) of section 7 has effect as if wheat to which this section applies were wheat of the season that commenced on 1 October 1973.”
Overview
The Wheat Export Charge Act 1973 was enacted by the Queen, the Senate, and the House of Representatives of Australia to amend the Wheat Export Charge Act 1968. This Act addresses the need to adjust the wheat export charge rates and to include specific provisions for wheat delivered during the 1973-1974 season. The primary objective of this amendment is to align the charge with the current market conditions and to ensure that the wheat export charge is accurately applied to wheat delivered within the specified period. The Wheat Export Charge Act 1973, as amended, is referred to as the Wheat Export Charge Act 1968-1973 and it came into operation on 1 October 1973. The Act specifically changes the unit of measurement from bushel to tonne and adjusts the charge rates from cents to dollars, reflecting the changes in economic conditions and the need for a more precise and updated regulatory framework for wheat exports.
Scope and Application
The Wheat Export Charge Act 1973 amends the Wheat Export Charge Act 1968 to adjust the rate of the charge on wheat exports. This Act applies to wheat of the season that commenced on 1 October 1972, which is delivered to a licensed receiver under the Wheat Industry Stabilization Act 1968-1973 after 30 September 1973. It specifically addresses wheat that falls within this particular season and is intended to reflect the new rates as specified in the Act. The Wheat Export Charge Act 1973 operates on a national level, impacting all entities involved in the export of wheat during the specified period. There are no stated exclusions or exemptions within the text provided, and the Act's provisions are intended to be comprehensive for the defined scope of wheat exports during the 1973-1974 pool season. The Act may extend or further define its application through subordinate instruments, though these are not detailed in the provided excerpt.
Key Provisions
The Wheat Export Charge Act 1973 (Act) makes several amendments to the Wheat Export Charge Act 1968 (Principal Act). Firstly, section 3 amends the rate of the charge specified in section 6 of the Principal Act by changing the unit of measurement from bushel to tonne and increasing the charge from five cents to one dollar eighty-four cents per bushel, and from fifteen cents to five dollars fifty-one cents per bushel. Secondly, section 4 inserts a new section 7a, which applies to wheat of the 1973-1974 season delivered after 30 September 1973. This section specifies that for the purposes of calculating the average price, wheat from the 1973-1974 season is included in the 1972-1973 season. Additionally, if the charge is payable for wheat from the 1973-1974 season, it is treated as if it were from the 1972-1973 season.
The Wheat Export Charge Act 1973 imposes specific obligations on parties involved in the wheat export process. Exporters of wheat must ensure they pay the amended charge as stipulated in the Act. The Act also mandates that wheat delivered to a licensed receiver after 30 September 1973, pertaining to the 1973-1974 season, must be included in the calculation of the average price for the preceding season. This requires careful record-keeping and accurate reporting to comply with the Act’s provisions.
Failure to comply with the requirements of the Wheat Export Charge Act 1973 can result in legal consequences. While the Act does not explicitly state the offences or penalties for non-compliance, it is likely that breaches would be addressed under the general provisions of the Principal Act or other relevant legislation. Penalties could include fines or other financial penalties, and in severe cases, criminal charges could be pursued. The maximum penalties would depend on the specific nature of the breach and the applicable laws at the time of the offence.