Wheat Tax
No. 58 of 1965
An Act to amend the Wheat Tax Act 1957.
[Assented to 6 October, 1965]
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 and citation.
1.—(1.) This Act may be cited as the Wheat Tax Act 1965.
(2.) The Wheat Tax Act 1957, as amended by this Act, may be cited as the Wheat Tax Act 1957–1965.
Commencement.
2. This Act shall come into operation on the first day of October, One thousand nine hundred and sixty-five.
3. Sections 4, 5, 6 and 7 of the Wheat Tax Act 1957 are repealed and the following sections inserted in their stead:—
Imposition of tax on wheat.
“4. A tax is imposed, and shall be levied and paid, upon wheat that is delivered to the Board.
Rate of tax.
“5. The rate of the tax is Three-tenths of one 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.
“(2.) 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 days of January, April, July and 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.”.
Overview
The Wheat Tax Act 1965 was enacted to amend the Wheat Tax Act 1957 and was assented to on 6 October 1965. This Act was introduced by the Parliament of the Commonwealth of Australia to address the need for updating the taxation provisions related to wheat, ensuring the legislative framework remained aligned with the economic and agricultural policies of the time. The policy objective, as implicitly stated, is to maintain a structured and predictable tax regime for wheat, facilitating the collection of tax by the Board and ensuring timely payments by the Board to the Commonwealth. The Act repeals certain sections of the Wheat Tax Act 1957 and introduces new provisions to define the imposition, rate, and payment schedule of the wheat tax, thereby ensuring the tax system remains effective and efficient.
Scope and Application
The Wheat Tax Act 1965 amends the Wheat Tax Act 1957 to impose a tax on wheat delivered to the Board, which is a debt due to the Commonwealth. The Act applies to wheat delivered to the Board, and the tax is levied at a rate of three-tenths of one penny per bushel. This Act operates within the jurisdiction of the Commonwealth of Australia, and it does not specify any exclusions, exemptions, or thresholds. The Act allows for the imposition of tax on wheat delivered to the Board, and the tax is payable by the Board in quarterly instalments. The Act’s application may be extended or restricted through subordinate instruments, although no such instruments are specified in the Act itself. The Act applies to wheat transactions within the Commonwealth of Australia and does not specify any exceptions or exclusions.
Key Provisions
The Wheat Tax Act 1965 makes significant amendments to the Wheat Tax Act 1957 by repealing and replacing certain sections (sections 4, 5, 6 and 7). Section 4 imposes a tax on wheat that is delivered to the Board, with the tax being levied and paid as stipulated. The rate of the tax is set at three-tenths of one penny for each bushel of wheat, as detailed in section 5. Section 6 clarifies that the tax amount becomes a debt owed to the Commonwealth by the Board. Payments for this tax are to be made in quarterly instalments, with each payment corresponding to the wheat delivered over three-month periods ending on January 1st, April 1st, July 1st, and October 1st each year, and must be completed within fourteen days after the end of each period.
The Act imposes obligations on the Board to ensure the proper collection and payment of the wheat tax. This includes calculating the tax due for each delivery of wheat, recording these transactions accurately, and making timely payments to the Commonwealth as specified. The Board must also ensure that all wheat delivered to it is taxed in accordance with the Act, which requires close coordination with wheat producers and other stakeholders in the wheat supply chain. Additionally, the Board must maintain records that can be audited to verify compliance with the tax requirements.
Failure to comply with the provisions of the Wheat Tax Act 1965 can result in serious consequences. While the Act does not explicitly detail specific offences or penalties, it is reasonable to infer that non-compliance could lead to legal action for debt recovery or other civil remedies. For instance, if the Board fails to remit the collected tax to the Commonwealth within the stipulated timeframe, it could be held liable for the outstanding amount plus interest. In cases where there is intentional or negligent evasion of the tax, the Board or the wheat producers involved could face criminal charges, which may result in fines or imprisonment as per general tax legislation principles in Australia. The exact penalties would depend on the specific nature and severity of the breach, and could be subject to further interpretation by the courts.