Wheat Growers Relief Act 1933

Legislation au C1933A00042 Not in force Act

Legislation content

 

WHEAT GROWERS RELIEF.

 

No. 42 of 1933.

An Act to provide for Financial Assistance to the States in the Provision of Relief to Wheat Growers and for other purposes.

[Assented to 12th December, 1933.]

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.

1. This Act may be cited as the Wheat Growers Relief Act 1933.

Definitions.

2. In this Act, unless the contrary intention appears—

“State authority” means an authority nominated by the Minister for Agriculture of a State and notified by him by writing under his hand to the Minister of State for Commerce;

“taxable income” means a taxable income within the meaning of section four of the Income Tax Assessment Act 1922-1932;

“wheat grower” means any person who has sown wheat during the year One thousand nine hundred and thirty-three.


Appropriation

3. There shall be payable, out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, the sums necessary to provide for the payments made in pursuance of this Act.

Payments to States.

4. There shall, subject to the terms and conditions set forth in this Act, be granted to each State, by way of financial assistance to that State, the amount specified in this section opposite the name of that State, namely:—

 

£

New South Wales.......................

911,094

Victoria..............................

603,586

Queensland...........................

76,455

South Australia.........................

764,543

Western Australia.......................

639,493

Tasmania.............................

4,024

Application of moneys paid to States.

5. Any money granted to a State under the last preceding section shall be paid upon condition that it is, subject to this Act, applied by the State for the assistance of wheat growers by providing for the needs of individual wheat growers, but not, either directly or indirectly, upon the basis of the quantity of wheat produced by individual wheat growers.

Conditions governing assistance to wheat growers.

6. A wheat grower shall not be entitled to receive assistance under this Act unless—

(a) during the year ended on the thirtieth day of June, One thousand nine hundred and thirty-three, he derived no taxable income; or

(b) having derived such income—he produces evidence to the satisfaction of a State authority that there are circumstances by reason of which it is just that he should receive such assistance.

Applications for assistance.

7. A wheat grower who desires to receive assistance under this Act shall lodge with the State authority a statutory declaration (together with a copy thereof), in the prescribed form, stating—

(a) that he derived no taxable income during the year ended on the thirtieth day of June, One thousand nine hundred and thirty-three; or

(b) that he derived taxable income during that year, and that there are circumstances by reason of which it is just that he should receive such assistance;

and shall furnish (in duplicate) in the prescribed manner such further information as is prescribed.

Statements as to income.

8.—(1.) A wheat grower shall not be eligible to receive assistance under this Act until the Deputy Commissioner has received from the State authority the original of the declaration furnished to that


authority in pursuance of the last preceding section, and the Deputy Commissioner has informed the State authority that the information contained in the declaration as to the taxable income of the declarant is correct, so far as the material available to him shows.

(2.) For the purposes of this section “the Deputy Commissioner” means the Deputy Commissioner appointed under the Income Tax Assessment Act 1922-1932 in respect of the State in which the wheat grower has sown wheat.

Assistance to wheat growers in Territories.

9. The Minister may provide assistance to wheat growers in any Territory, being part of the Commonwealth, by providing for the needs of individual wheat growers, but not, either directly or indirectly, upon the basis of the quantity of wheat produced by individual wheat growers.

Conditions of grant of assistance in Territories.

10.—(1.) The total amount provided by the Minister under the last preceding section for assistance to wheat growers in any Territory shall not exceed Eight hundred and five pounds.

(2.) Assistance shall not be provided under the last preceding section for any wheat grower who does not satisfy the Minister—

(a) either that he derived no taxable income during the year ended on the thirtieth day of June, One thousand nine hundred and thirty-three; or

(b) that he derived taxable income during that year, and that there are circumstances by reason of which it is just that he should receive such assistance.

Legal personal representatives or trustees being wheat growers.

11. Where a wheat grower is the legal personal representative of a deceased person, or is a trustee, the provisions of this Act shall be applied as if the persons beneficially interested in the estate of the deceased person, or in the trust estate, were wheat growers to the extent to which those persons are beneficially interested in the proceeds of the wheat sown by the wheat grower in the year One thousand nine hundred and thirty-three, and the Governor-General may make regulations for giving effect to this section.

Special grant to Tasmania.

12. There shall be granted to the State of Tasmania, by way of financial assistance, the sum of Seven thousand five hundred pounds in each month during which a tax is, under any law of the Commonwealth, imposed upon flour.

Regulations.

13. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular for prescribing penalties not exceeding fifty pounds or imprisonment for a period not exceeding three months for any breach of the regulations.

Overview

The Wheat Growers Relief Act 1933 was enacted to provide financial assistance to wheat growers who were affected by the economic downturn during the Great Depression. This legislation was designed to support wheat growers who had not derived any taxable income during the financial year ending on the 30th of June 1933 or to those who could demonstrate exceptional circumstances justifying the receipt of aid. Enacted by the Australian Parliament, the Act aimed to alleviate the financial burdens of wheat growers, ensuring they received necessary relief regardless of the quantity of wheat they produced. This assistance was to be administered by the relevant state authorities, subject to conditions outlined in the Act, including the prohibition of basing assistance on the amount of wheat produced by individual growers. The Act also included provisions for the Minister to provide similar assistance to wheat growers in the territories, with a cap on the total amount of assistance provided. Additionally, the Act stipulated that the Governor-General could make regulations necessary for the implementation of the Act, including penalties for breaches of these regulations. The policy objective was to provide timely and equitable relief to wheat growers, helping them through a difficult period in Australian agricultural history.

Scope and Application

The Wheat Growers Relief Act 1933 applies to wheat growers, specifically those who have sown wheat during the year 1933, and to States and Territories within the Commonwealth of Australia. The Act provides for financial assistance to the States to support wheat growers, with specified sums allocated to each State, and a special grant to Tasmania. The Act also permits the Minister to provide assistance to wheat growers in any Territory, with a maximum total amount of £805. The Act mandates that assistance is to be provided based on individual needs and not on the quantity of wheat produced. It includes conditions for eligibility, such as the requirement that a wheat grower must have derived no taxable income or must provide evidence of circumstances justifying assistance if they have. The Act allows for regulations to be made by the Governor-General, including penalties for breaches, and also extends the application of the Act to legal personal representatives or trustees who are wheat growers.

Key Provisions

The Wheat Growers Relief Act 1933 (sections 1-13) provides financial assistance to the states for the relief of wheat growers affected by the economic downturn in 1933. The Act appropriates funds from the Consolidated Revenue Fund to be paid to states (section 3) and grants specific amounts to New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania (section 4). The moneys paid to the states must be applied for the assistance of wheat growers, without regard to the quantity of wheat produced by individual growers (section 5). The Act also allows for the Minister to provide assistance to wheat growers in any Territory under certain conditions (section 9). Wheat growers must meet specific eligibility criteria to receive assistance, such as not deriving taxable income in the year 1932-1933 or providing evidence of circumstances justifying their need for assistance (section 6). Assistance is contingent on the wheat grower lodging a statutory declaration with the state authority, detailing their income status and any circumstances warranting assistance (section 7). The Deputy Commissioner must verify the wheat grower's income information before assistance is granted (section 8). Additionally, the Act provides for special grants to Tasmania during periods when a tax is imposed on flour (section 12). The Wheat Growers Relief Act 1933 imposes several obligations on the parties involved. Wheat growers must apply for assistance by lodging a statutory declaration with the state authority, providing details of their income and any relevant circumstances (section 7). They must also furnish any additional prescribed information (section 7). The state authorities are required to forward the declarations to the Deputy Commissioner for verification of income details (section 8). The Deputy Commissioner, in turn, must confirm the accuracy of the income information to the state authority (section 8). The states are obligated to use the financial assistance provided under the Act solely for the relief of wheat growers, without consideration of the quantity of wheat produced by individual growers (section 5). The Minister is tasked with providing assistance to wheat growers in any Territory, subject to the conditions outlined in the Act (section 9). The Wheat Growers Relief Act 1933 establishes various penalties for breaches of its provisions. The Governor-General has the authority to make regulations prescribing penalties not exceeding fifty pounds or imprisonment for a period not exceeding three months for any breach of these regulations (section 13). While the Act does not specify civil or criminal penalties for non-compliance by wheat growers, the prescribed regulations could potentially include such consequences for fraudulent claims or other violations. The Act focuses primarily on the procedural requirements for eligibility and application for assistance, with the primary enforcement mechanism being the verification process conducted by the Deputy Commissioner.

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Area of Law
Economic Relief & Assistance
Instrument
Act
Concepts
Definitions & Interpretation
Appropriation
Conditions of Grant
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.