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 The Wheat Export Charge Act 1968 and the Wheat Export Charge Act 1973 are repealed.
Interpretation.
4. (1) Expressions used in this Act that are defined in the Wheat Industry Stabilization Act 1974 have 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 4 succeeding 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. The charge, if any, in respect of a season is payable to Australia by the Board as soon as practicable after the average export price for the season has been declared.
Overview
The Wheat Export Charge Act 1974 was enacted by the Parliament of Australia to address the need for a mechanism to impose a charge on the export of wheat and wheat products from Australia. This Act repealed the Wheat Export Charge Act 1968 and the Wheat Export Charge Act 1973, establishing a new framework for the regulation of wheat exports. The policy objective of the Act is to regulate the export of wheat and wheat products by imposing a charge under certain conditions, ensuring that the wheat industry is stabilised and managed effectively.
This legislation was designed to impose a charge on the export of wheat and wheat products from Australia, subject to specific conditions regarding the average export price and the stabilisation price. The charge is to be levied and paid by the Board, and the total amount of the charge for a given season is determined based on the export price and other specified criteria. The Act ensures that the wheat industry remains stable and that any charges imposed are fair and proportionate to the economic conditions at the time.
Scope and Application
The Wheat Export Charge Act 1974 applies to the export of wheat and wheat products from Australia, imposing a charge on such exports conducted by or with the consent of the Board. The charge is payable by the Board and is contingent upon the average export price of wheat for the season exceeding both the stabilization price and a minimum threshold of $55.12. The Act applies to wheat and wheat products exported from Australia in the five seasons commencing on 1 October 1974, with the charge calculated based on the wheat equivalent of the exported products. The Act repeals its predecessors, the Wheat Export Charge Act 1968 and the Wheat Export Charge Act 1973, and incorporates definitions from the Wheat Industry Stabilization Act 1974 where relevant. The Act's provisions are subject to modification through subordinate instruments, which may extend or restrict its application.
Key Provisions
The Wheat Export Charge Act 1974 (sections 5 and 6) imposes a charge on the export of wheat and wheat products from Australia, with the Board responsible for levying and paying this charge. The charge is applicable to wheat and wheat products exported during the season commencing on 1 October 1974 and the four succeeding seasons. The amount of the charge is determined based on the average export price for the season, with specific calculations outlined in section 6. The charge is only payable if the average export price exceeds the stabilization price and also exceeds $55.12. The charge rate is set at $5.51 per tonne of wheat and wheat equivalent of wheat products, or it can be calculated as the excess of the average export price over the stabilization price or $55.12, whichever is the higher. However, the total charge payable for a season cannot exceed $30,000,000.
The Act imposes several obligations on the Board, primarily concerning the calculation and payment of the charge. The Board must ensure that the charge is levied and paid according to the provisions outlined in the Act (section 5). This involves determining the charge amount based on the average export price for the season and ensuring that the charge does not exceed the specified limits (section 6). The Board is also required to pay the charge to Australia as soon as practicable after the average export price for the season has been declared (section 7).
Breach of the obligations imposed by the Act may result in various consequences, although specific penalties or sanctions are not detailed within the Act itself. The Act does not explicitly outline penalties or sanctions for non-compliance, implying that any legal repercussions would be determined through relevant legal proceedings or other applicable legislation. However, failure to comply with the Act's requirements could potentially lead to civil or criminal consequences, depending on the nature and severity of the breach. For instance, non-payment of the charge could be viewed as a violation of the terms agreed upon under the Act, possibly resulting in legal action to recover the owed amount.