WHEAT INDUSTRY (WAR-TIME CONTROL).
No. 19 of 1944.
An Act to amend the Wheat Industry (War-time Control) Act 1939–1940.
[Assented to 6th April, 1944.]
[Date of commencement, 4th May, 1944.]
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 and citation.
1.—(1.) This Act may be cited as the Wheat Industry (War-time Control) Act 1944.
(2.) The Wheat Industry (War-time Control) Act 1939–1940 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 Industry (War-time Control) Act 1939–1944.
Definitions.
2. Section three of the Principal Act is amended—
(a) by omitting from the definition of “the Special Account” the words “the Fund” and inserting in their stead the words “the Wheat Industry Stabilization Fund”;
(b) by omitting the definition of “the Wheat Industry (War-time) Stabilization Fund”; and
(c) by omitting from the definition of “the Wheat Tax Account” the words “the fund” and inserting in their stead the words “the Wheat Industry Stabilization Fund”.
Use of moneys in Wheat Industry Stabilization Fund.
3. Section six of the Principal Act is amended by omitting the words “or, if and when those advances have been fully repaid, shall be paid into the Wheat Industry (War-time) Stabilization Fund”.
4. Sections seven and seven a of the Principal Act are repealed and the following section is inserted in their stead:—
Operation of Wheat Industry Assistance Act 1938.
“7. Notwithstanding anything contained in this Act. if and when any such advances made by the Commonwealth Bank have been fully repaid, the provisions of the Wheat Industry Assistance Act 1938,
the operation of which is suspended by section four of this Act, shall again come into operation and shall continue in operation as if this Act had not been passed until such time as any further such advances are made by the Commonwealth Bank.”.
Overview
The Wheat Industry (War-time Control) Act 1944 was enacted to amend the Wheat Industry (War-time Control) Act 1939–1940, responding to the exigencies of war by reinforcing the control mechanisms over the wheat industry. This Act was introduced by the Commonwealth Parliament, with the aim of ensuring that the wheat industry continued to function effectively under the challenging conditions of wartime. It addresses the need for financial stability and operational continuity within the industry by making specific amendments to the Principal Act, such as altering the definitions related to the Wheat Industry Stabilization Fund and modifying the use of moneys within this fund.
The policy objective of this Act is to maintain the integrity and efficiency of the wheat industry during wartime, ensuring that the necessary financial resources are allocated and managed appropriately. By refining the operational parameters and the financial structure of the industry, the Act seeks to prevent any disruptions that might arise from the complexities of wartime conditions. The amendments introduced by this Act are intended to provide a more robust framework for the wheat industry to operate under the constraints of war, while still supporting the broader war effort.
Scope and Application
The Wheat Industry (War-time Control) Act 1944 amends the Wheat Industry (War-time Control) Act 1939–1940, specifically targeting the wheat industry within the Commonwealth of Australia. This legislation applies to the regulation and control of the wheat industry during wartime, encompassing entities and individuals involved in the production, processing, distribution, and sale of wheat and wheat products. The Act’s provisions cover the use of funds within the Wheat Industry Stabilization Fund, ensuring the effective management of financial resources during the war effort. Geographically, the Act applies nationally across Australia, as it is a Commonwealth Act. The Act includes amendments to definitions and the use of funds, effectively updating the legislative framework to ensure continued control and stability within the wheat industry amidst wartime conditions. Notably, the Act references the Wheat Industry Assistance Act 1938, which is suspended by this legislation but will resume operation once specific conditions are met.
Key Provisions
The Wheat Industry (War-time Control) Act 1944 (sections 1 to 4) amends the Wheat Industry (War-time Control) Act 1939–1940, referred to as the Principal Act. The amended Principal Act is to be known as the Wheat Industry (War-time Control) Act 1939–1944. Key changes include the replacement of specific references to the Wheat Industry (War-time) Stabilization Fund with the Wheat Industry Stabilization Fund in the definitions section (section 2). This alteration consolidates the fund under a single, unified name. The Act also modifies the use of moneys in the Wheat Industry Stabilization Fund by removing a specific condition regarding the repayment of advances (section 3). Furthermore, it repeals certain sections related to the operation of the Wheat Industry Assistance Act 1938 and inserts a new section to clarify that the Wheat Industry Assistance Act 1938 will resume operation once any advances made by the Commonwealth Bank have been fully repaid (section 4).
The Act imposes several obligations on parties involved in the wheat industry. Firstly, it mandates that any moneys in the Wheat Industry Stabilization Fund be used strictly in accordance with the provisions of this Act. This includes any amendments or changes made by subsequent legislation such as the Wheat Industry (War-time Control) Act 1944. Secondly, it requires that any advances made by the Commonwealth Bank to wheat industry entities be repaid, after which the Wheat Industry Assistance Act 1938 will recommence its operations (section 7). These obligations ensure that the wheat industry remains under stringent control during wartime, with clear guidelines on fund utilisation and the repayment of financial assistance.
Breaches of the provisions outlined in the Wheat Industry (War-time Control) Act 1944 can lead to both civil and criminal consequences. For instance, non-compliance with the mandated use of the Wheat Industry Stabilization Fund may result in civil penalties. The exact nature and extent of these penalties are not explicitly stated in the provided text but would likely be determined by relevant regulatory authorities. Additionally, failure to repay advances made by the Commonwealth Bank could also result in civil repercussions, potentially including financial restitution. Although the specific penalties for breaches are not detailed in the provided excerpt, they would generally be aligned with the severity of the non-compliance and the impact on the wheat industry during wartime.