WHEAT TAX.
No. 21 of 1957.
An Act to impose a Tax upon Wheat delivered to the Australian Wheat Board.
[Assented to 30th May, 1957.]
BE it enacted by the Queen’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 Tax Act 1957.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3. In this Act, unless the contrary intention appears—
“tax” means tax imposed upon wheat by this Act;
“the Board” means the Australian Wheat Board.
Imposition of tax on wheat.
4. A tax is imposed, and shall be levied and paid, upon wheat—
(a) which has been delivered to the Board on or after the first day of October, One thousand nine hundred and fifty-six, and before the date of commencement of this Act; or
(b) which is delivered to the Board on or after that date.
Rate of tax.
5. The rate of the tax is one-fourth of a penny for each bushel of wheat.
Tax payable by the Board.
6.—(1.) The amount of tax in respect of any wheat is a debt due to the Commonwealth by the Board and is payable in accordance with the succeeding provisions of this section.
(2.) Subject to the next succeeding sub-section, amounts of tax payable by the Board shall be paid in quarterly instalments in respect of wheat delivered to the Board during the periods of three months ending respectively on the first day of January, the first day of April, the first day of July and the first day of October in each year, and the payment in respect of each such period shall be made within fourteen days after the end of the period.
(3.) The first payment of tax shall be made by the Board within fourteen days after the first day of July, One thousand nine hundred and fifty-seven, and shall be in respect of all wheat delivered to the Board up to and including that first day of July, being wheat in respect of which tax is payable.
Reduction of tax.
7. Where, before the commencement of this Act—
(a) a person who delivered to the Board wheat upon which tax is imposed authorized the Board to deduct an amount from moneys payable to him in respect of that wheat and to pay the amount deducted to a person, authority or association for the purposes of soil fertility research or other research likely to benefit the wheat industry; and
(b) the Board deducted an amount accordingly,
the tax otherwise payable upon that wheat is reduced by the amount so deducted or, if the last-mentioned amount exceeds that tax, tax is not payable in respect of that wheat.
Deduction of tax.
8. The Board may deduct from the amount payable by it for wheat upon which tax is imposed an amount equal to the amount of tax payable upon that wheat.
Overview
The Wheat Tax Act 1957 was enacted to address a specific economic and agricultural concern by imposing a tax on wheat delivered to the Australian Wheat Board. This Act was introduced by the Parliament of the Commonwealth of Australia with the primary objective of generating revenue to support the wheat industry, particularly for research and development that would benefit soil fertility and the broader wheat industry. The tax was levied at the rate of one-fourth of a penny per bushel of wheat delivered to the Board, either before or after the Act's commencement. The policy objective was to ensure that the wheat industry could fund its own improvement and sustainability through the contributions made by those delivering wheat, thus fostering an environment of self-sufficiency and innovation within the sector.
Scope and Application
The Wheat Tax Act 1957 applies specifically to wheat delivered to the Australian Wheat Board, whether before or after the Act's commencement date. This Act imposes a tax on wheat, which is levied and paid to the Commonwealth, and is due from the Board as a debt. The tax is set at one-fourth of a penny per bushel of wheat, and the Board is responsible for making quarterly payments of this tax, with the first payment due fourteen days after 1 July 1957. The Act provides for a reduction of tax if a person authorized the Board to deduct an amount from moneys payable to them for the purposes of soil fertility or other beneficial research related to the wheat industry. Additionally, the Board has the authority to deduct the tax amount from the total payable for wheat subject to the tax. This legislation extends its reach to all wheat delivered to the Board within the specified timeframe, with no stated exclusions or exemptions, and applies across the Commonwealth of Australia.
Key Provisions
The Wheat Tax Act 1957 (sections 1 to 8) imposes a tax on wheat delivered to the Australian Wheat Board (sections 4 and 6). This tax applies to wheat delivered to the Board either before the Act's commencement or on or after the date it receives Royal Assent (section 4). The rate of tax is set at one-fourth of a penny for each bushel of wheat (section 5). The Board is required to pay the tax in quarterly instalments (section 6), with the first payment due within fourteen days of 1 July 1957. If a person authorized the Board to deduct an amount from moneys payable for wheat and direct it to soil fertility research or other research benefiting the wheat industry before the Act's commencement, and the Board deducted such an amount, the tax is reduced by the deducted amount or, if it exceeds the tax, no tax is payable (section 7). The Board is also permitted to deduct the tax amount from the payment it makes for the wheat (section 8).
Under the Wheat Tax Act 1957, the Board has specific obligations, including the calculation and payment of the wheat tax (section 6). If a person had authorized the Board to deduct a certain amount for research purposes before the Act's commencement, the Board must reduce the tax payable by that amount or exempt the wheat from tax if the deducted amount exceeds the tax (section 7). Additionally, the Board is allowed to deduct the tax from the payment it makes for the wheat (section 8). The Act requires the Board to make these payments and deductions in accordance with the specified schedule and rules.
The Wheat Tax Act 1957 does not explicitly outline offences, penalties, or civil/criminal consequences for breach. However, the failure to comply with the tax payment and deduction requirements could potentially lead to legal actions for non-payment or improper deductions. The Act does not specify maximum penalties, but any breach could result in financial liabilities or disputes between the Board and the Commonwealth or other parties involved.