Wheat Growers Relief Act 1936

Legislation au C1936A00002 Not in force Act

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WHEAT GROWERS RELIEF.

 

No. 2 of 1936.

An Act to provide for Financial Assistance to the States in the provision of Relief to Wheat Growers.

[Assented to 20th March, 1936.]

Preamble.

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Short title.

1. This Act may be cited as the Wheat Growers Relief Act 1936.

Definition.

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

“wheat grower” means any person who has sown wheat for the production of grain during the year One thousand nine hundred and thirty-five.

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 authorized to be made under this Act.

Grant of financial assistance to States.

4. There shall be granted to the States specified in this section, by way of financial assistance to those States, the amounts respectively specified opposite the names of those States:—

 

£

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

565,284

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

441,948

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

42,835

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

432,146

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

392,850

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

3,483

Assistance to wheat growers in Territory for the Seat of Government.

5. There shall be made available a sum not exceeding Three hundred and sixty pounds for distribution, in the manner determined by the Minister, among wheat growers in the Territory for the Seat of Government.


Payments to wheat growers by the States.

6. Any amount granted to a State in accordance with the provisions of section four of this Act shall be paid on condition that it is applied by the State in providing relief to wheat growers in such manner as is approved by the Minister after recommendation by the prescribed authority of that State.

Executors and trustees.

7. Where—

(a) any person—

(i) is the legal personal representative of a person (since deceased); or

(ii) is the trustee of the estate of a person,

who has, during the year One thousand nine hundred and thirty-five, sown wheat for grain; or

(b) any person, being the legal personal representative of a deceased person or a trustee has, during that year, sown wheat for grain on account of the estate of the deceased person or of the trust estate,

any amount payable under this Act in respect of the wheat so sown shall, notwithstanding anything contained in this Act, be paid to the legal personal representative or trustee on account of the estate of the deceased person or of the trust estate, as the case may be.

Payment to be made only to a wheat grower.

8. Subject to the last preceding section, any amount due and payable to a wheat grower under this Act shall not be paid to any person other than the wheat grower.

Closing date for receipt of applications for assistance.

9. The prescribed authority in any State may fix a date after which applications from wheat growers for assistance under this Act will not be received.

Share-farmers.

10.—(1.) Any amount payable under this Act in respect of any wheat which is sown in pursuance of a share-farming agreement shall be divided between the parties to that agreement in proportion to their respective interests under the agreement in the wheat or the proceeds thereof:

Provided that, where the agreement provides for the division of the wheat or the proceeds thereof between the parties to the agreement on other than a proportionate basis, the amount payable under this Act shall be divided between the parties in such manner as is determined in each case by the prescribed authority.

(2.) For the purposes of this section, wheat shall not be deemed to be sown in pursuance of a share-farming agreement unless two or more persons agree to contribute towards the sowing of the wheat by the provision of either land, labour, material or plant and to divide among them the proceeds of the wheat so sown.

Regulations.

11. 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.

Overview

The Wheat Growers Relief Act 1936 was enacted to provide financial assistance to states in delivering relief to wheat growers affected by economic hardships during the year 1935. This Act was assented to on 20th March 1936 by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of this legislation is to allocate funds from the Consolidated Revenue Fund to various states for the specified relief measures. These funds are intended to be disbursed in a manner approved by the Minister, following recommendations from the prescribed authority of each respective state. This legislative effort aims to support wheat growers directly affected by the economic downturn of that period, ensuring they receive necessary aid to sustain their livelihoods.

Scope and Application

The Wheat Growers Relief Act 1936 is designed to provide financial assistance to wheat growers who sowed wheat for the production of grain during the year 1935. The Act applies to individuals who directly sowed wheat during that year, as well as their legal personal representatives or trustees if they have since passed away. Additionally, it applies to share-farmers who have sown wheat under a share-farming agreement, with payments divided in accordance with the terms of the agreement or as determined by the prescribed authority. The Act extends to the states of New South Wales, Victoria, Queensland, South Australia, Western Australia, and Tasmania, with specific financial grants allocated to each. A sum is also set aside for wheat growers in the Territory for the Seat of Government, subject to distribution by the Minister. The Act's application may be restricted by the prescribed authority of each state, which can set a closing date for applications. The Governor-General has the authority to make regulations to facilitate the implementation of the Act, provided they are consistent with its provisions.

Key Provisions

The Wheat Growers Relief Act 1936 (sections 1-11) establishes the framework for financial assistance to states to provide relief to wheat growers affected by the challenges of the year 1935. Section 1 names the Act, while Section 2 defines "wheat grower" as any person who sowed wheat for grain in 1935. The Act appropriates funds from the Consolidated Revenue Fund for the payments authorised under the Act (section 3). It grants specific financial assistance to various states, detailing the amounts for each (section 4). Additionally, it allocates a sum for wheat growers in the Territory for the Seat of Government (section 5). The Act mandates that state payments must be used to provide relief to wheat growers as approved by the Minister following recommendations by the prescribed authority (section 6). It also addresses the payment of assistance to legal personal representatives or trustees of deceased wheat growers or trust estates (section 7). Importantly, Section 8 ensures that payments are made only to the wheat grower, subject to Section 7. The Act allows the prescribed authority to set a closing date for applications for assistance (section 9). It also provides for the division of payments under share-farming agreements, either proportionately or as determined by the prescribed authority (section 10). Lastly, Section 11 empowers the Governor-General to make regulations necessary for the Act's implementation. The Wheat Growers Relief Act 1936 imposes several obligations on the parties and entities it governs. States receiving financial assistance must use the funds to provide relief to wheat growers as approved by the Minister, following recommendations by the prescribed authority of the state (section 6). The prescribed authority is responsible for setting a closing date for applications for assistance and may determine the division of payments under share-farming agreements (sections 9 and 10). The Act also places an obligation on the Governor-General to make regulations necessary for carrying out the Act (section 11). Breaches of the Wheat Growers Relief Act 1936 may lead to civil or criminal consequences, although specific offences, penalties, or maximum penalties are not detailed within the provided text. It is likely that penalties would be determined by the regulations made under Section 11 or by other relevant legislation. Generally, failure to comply with the conditions set by the Act, such as misusing funds or not adhering to the approved methods of distributing relief, could result in legal action or other administrative consequences.

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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.