Wheat Tax Act 1979
No. 171 of 1979
An Act to impose a tax upon certain wheat sold by the Australian Wheat Board.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title
1. This Act may be cited as the Wheat Tax Act 1979.
Commencement
2. This Act shall be deemed to have come into operation on 1 October 1979.
Interpretation
3. In this Act, unless the contrary intention appears—
“Board” means the Australian Wheat Board;
“tax” means tax imposed upon wheat by this Act;
“season” means the period of 12 months that commenced on 1 October 1979 and each of the next 6 succeeding periods of 12 months;
“wheat” means wheat harvested during a season, but does not include wheat on which tax has been imposed by the Wheat Tax Act 1957.
Imposition of tax on wheat
4. A tax is imposed, and shall be levied and paid, upon wheat that is sold by the Board.
Rate of tax
5. The rate of the tax is a rate equal to the rate of tax in force, from time to time, under the Wheat Tax Act 1957.
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 sold by the Board during the periods of 3 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 14 days after the end of the period.
Deduction of tax
7. 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 1979 was enacted by the Parliament of Australia to impose a tax on certain wheat sold by the Australian Wheat Board. The Act was designed to address the need for revenue from wheat sales, while also aligning with the tax rates established under the Wheat Tax Act 1957. It came into operation on 1 October 1979 and applies to wheat harvested during specific 12-month seasons, excluding wheat already taxed under the earlier Act. The Board is obligated to pay the tax in quarterly instalments, and has the authority to deduct the tax amount from payments made for the wheat. The overarching policy objective of the Act is to ensure a structured and continuous means of revenue collection from wheat sales by the Board.
Scope and Application
The Wheat Tax Act 1979 applies specifically to the Australian Wheat Board, imposing a tax on wheat that the Board sells. This tax is levied under the authority of the Commonwealth and is a continuation of taxation on wheat sales that was previously governed by the Wheat Tax Act 1957. The Act applies to wheat harvested during a defined period of twelve months, starting from 1 October 1979, and excludes wheat that has already been taxed under the earlier Act. The tax rate is equivalent to the rate specified in the Wheat Tax Act 1957. The financial obligation for the tax falls upon the Board, which must pay the tax in quarterly instalments within 14 days after the end of each three-month period. Additionally, the Board is permitted to deduct the tax amount from the payments it receives for the wheat. The Act does not specify any exclusions or exemptions beyond the definition of wheat and the continuity from the 1957 Act, nor does it detail any subordinate instruments that might extend or restrict its application.
Key Provisions
The Wheat Tax Act 1979 (sections 4 and 5) imposes a tax on wheat sold by the Australian Wheat Board. The tax rate is set to match the rate under the Wheat Tax Act 1957. The Act clearly defines what is meant by certain terms used, such as "Board", "tax", "season", and "wheat" (section 3). The tax is levied on wheat that is harvested during a specified season and sold by the Board, excluding wheat that has already been taxed under the Wheat Tax Act 1957.
The Act lays out specific obligations for the Australian Wheat Board. The Board is responsible for ensuring that the tax is paid to the Commonwealth (section 6). It must do this by paying the tax in quarterly instalments, with each payment due within 14 days after the end of the three-month period. The Board is also permitted to deduct the tax amount from the payments it is due for the wheat (section 7). These provisions ensure that the Board meets its tax obligations in a timely and organised manner.
Breaches of the obligations and requirements set out in the Wheat Tax Act 1979 can result in legal consequences. Although the Act does not explicitly detail the penalties for non-compliance, failure to meet the tax payment deadlines or to deduct the tax as permitted could potentially lead to legal action by the Commonwealth. The specific consequences, however, would need to be interpreted in the context of other relevant laws and legal principles.