Wheat Export Charge Act (No. 2) 1946

Overview

The Wheat Export Charge Act (No. 2) 1946, enacted by the Commonwealth Parliament, was introduced to amend the Wheat Export Charge Act 1946, addressing the need to adjust and further regulate the export of wheat and its products. This amendment aimed to refine the charge structure and the definitions relevant to wheat exports, ensuring that the regulations were up-to-date and effectively managed the export of wheat in response to the changing conditions of the time. The policy objective was to maintain control over the wheat export process by the Commonwealth, ensuring the charges were appropriately levied and collected to support national economic interests. The Act established specific definitions, including the term "season" for wheat and the role of the Australian Wheat Board, clarifying the entities responsible for managing and overseeing wheat exports. It also modified the charge on wheat and wheat products exported outside the control of the Australian Wheat Board, setting the charge at fifty percent of the difference between the export price and a specified minimum price. This amendment aimed to regulate the export charge more precisely and ensure compliance with the new legislative framework.

Scope and Application

The Wheat Export Charge Act (No. 2) 1946 amends the Wheat Export Charge Act 1946, applying to any person, other than the Australian Wheat Board, who exports wheat or wheat products from the Commonwealth after the specified dates. The Act modifies the definition of "the Board" to mean the Australian Wheat Board as constituted under the National Security (Wheat Acquisition) Regulations or the Wheat Industry Stabilization Act 1946. It extends to all wheat harvested between 1 October 1945 and 1 October 1947, and the wheat products manufactured from such wheat, which are exported after 1 December 1945. The geographic scope of the Act is national, applying to the entire Commonwealth of Australia. The Act imposes a charge on the export of wheat and wheat products, with the rate calculated as fifty percent of the amount by which the export price exceeds a specified amount, as declared by the Board. The Act also provides that the charge becomes payable as a debt due to the Commonwealth by the exporter. Subordinate instruments may further specify rates and procedures for payment.

Key Provisions

The Wheat Export Charge Act (No. 2) 1946 amends the Wheat Export Charge Act 1946, with specific provisions outlined in sections 1 through 4. Section 1 provides the short title of the Act and clarifies the citation of the Principal Act, referring to the Wheat Export Charge Act 1946. Section 2 specifies the commencement date of this Act, which is deemed to have come into operation on August 9, 1946. Section 3 amends the definitions in the Principal Act, introducing new definitions for "season" and "the Board" and modifying the definition of "wheat products." Section 4 makes several significant changes to the charge on the export of wheat and wheat products. The obligations and requirements imposed by the Act include defining the "season" for wheat, specifying the "Board" responsible for wheat export activities, and detailing the charge on wheat and wheat products exported by entities other than the Board. The Board is defined as the Australian Wheat Board constituted under the National Security (Wheat Acquisition) Regulations, and in relation to actions taken after the commencement of section ten of the Wheat Industry Stabilization Act 1946, it means the Australian Wheat Board constituted under that Act. The Act also specifies that a charge is applicable to wheat harvested between October 1, 1945, and October 1, 1947, and exported after December 1, 1945. The rate of the charge is fifty percent of the amount by which the export price per bushel exceeds five shillings and two pence, subject to a lower rate being prescribed by regulations for wheat of the relevant season. The charge must be paid to the Commonwealth by the person exporting the wheat or wheat products, whether that person is the Board or another entity. The Act also outlines the consequences for breaches of its provisions, although specific offences, penalties, or civil/criminal consequences are not detailed in the provided text. It is essential for parties involved in the export of wheat and wheat products to comply with these obligations to avoid potential legal repercussions. The penalties for non-compliance with export charges and regulations would typically be established in subsequent regulations or related legislation, but these details are not provided in the given excerpt.