Wheat Levy Act (No. 2) 1979

Overview

The Wheat Levy Act (No. 2) 1979 was enacted by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, to address the need for additional funding mechanisms related to wheat sales by the Australian Wheat Board. This Act was introduced to impose a levy on certain wheat sold by the Board, complementing the provisions of the Wheat Levy Act (No. 1) 1979. The primary objective of the Act is to ensure that a levy is imposed and paid on wheat sold by the Board, with the rate of levy corresponding to the rate in force under the Wheat Levy Act (No. 1) 1979. The levy becomes a debt due to the Commonwealth by the Board, and is payable by 31 March following the close of the relevant season. The Board is permitted to deduct the amount of the levy from the total payable for the wheat in question.

Scope and Application

The Wheat Levy Act (No. 2) 1979 applies specifically to the Australian Wheat Board (referred to as the "Board") and imposes a levy on wheat sold by the Board. The levy is applicable to wheat harvested during a season, defined as a period of 12 months commencing on 1 October 1979 and each subsequent 12-month period thereafter, but excludes wheat on which a levy has already been imposed under the Wheat Levy Act (No. 1) 1979. The Act mandates that the rate of the levy imposed under this Act must match the rate in force under the Wheat Levy Act (No. 1) 1979. The levy, which becomes a debt due to the Commonwealth by the Board, must be paid by the Board by 31 March following the close of the season during which the wheat was sold. The Board is permitted to deduct the amount of the levy from the amount it pays for the wheat on which the levy is imposed. The Act applies nationally within the Commonwealth of Australia and does not explicitly state exclusions, exemptions, or thresholds, though it is limited to wheat sold by the Board. The application of the Act may be further defined or extended through subordinate instruments, though this is not specified within the text of the Act.

Key Provisions

The Wheat Levy Act (No. 2) 1979 (section 4) imposes a levy on wheat that is sold by the Australian Wheat Board. This levy is required to be levied and paid by the Board on the wheat sold. The rate of the levy (section 5) is determined by the rate of levy in force under the Wheat Levy Act (No. 1) 1979. The Act mandates that the levy is a debt due to the Commonwealth by the Board (section 6(1)), and it becomes due and payable on 31 March following the close of the season during which the wheat was sold (section 6(2)). The Board is permitted to deduct from the amount it pays for wheat the amount of the levy that is payable on that wheat (section 7). The Act imposes several obligations on the Australian Wheat Board. Firstly, it requires the Board to ensure that the levy is levied and paid on wheat sold by it (section 4). Secondly, the Board must account for the levy as a debt due to the Commonwealth (section 6(1)). Furthermore, the Board must ensure that the levy is paid by the specified due date, which is 31 March following the close of the relevant season (section 6(2)). Additionally, the Board has the right to deduct the amount of the levy from the payments it makes for wheat (section 7). Breaches of the obligations imposed by the Wheat Levy Act (No. 2) 1979 can result in civil or criminal consequences. Failure to levy and pay the required levy on wheat sold by the Board could be seen as non-compliance with the Act, potentially leading to legal action for the recovery of the unpaid levy. Additionally, if the Board fails to deduct the levy from its payments for wheat, it may be held accountable for the unpaid amounts. While the Act does not specify maximum penalties for breaches, penalties could be determined under other applicable laws or regulations, depending on the nature and severity of the breach.