Wheat Tax Regulations (Amendment)

Legislation au C2004L06358 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1983 No. 197

Issued by the Authority of the Minister for Primary Industry

WHEAT TAX REGULATIONS (AMENDMENTS)

The Wheat Tax Regulations prescribe the rate of tax which is imposed on all wheat delivered to and all wheat not delivered to but sold by the Australian Wheat Board.

Wheat tax monies are held in the Wheat Research Trust Account and are used to finance wheat industry research approved by the Wheat Industry Research Committees in each mainland State. The Commonwealth Government also contributes money to the Wheat Research Trust Account to cover research expenditure recommended by the Wheat Industry Research Council and approved by the Minister. Under sub-section 5(1) of the Wheat Research Act 1957 the Commonwealth contribution in aggregate must not exceed the aggregate of the amounts paid into the account from wheat tax collections.

The Wheat Tax Regulations currently provide for a rate of tax of 25 cents per tonne while sub-section 5(1) of the Wheat Tax Act 1957 limits the maximum rate of tax which can be imposed to 30 cents per tonne


- the current rate of tax has been operative since October 1982

- the proposed amendment would increase the rate of tax to 30 cents per tonne from 1 October 1983.

As required under sub-section 5(2) of the Wheat Tax Act 1957 the Australian Wheatgrowers’ Federation has submitted a report to the Minister for Primary Industry setting out reasons for their request that the rate of tax be raised by 5 cents per tonne.

The Australian Wheatgrowers’ Federation identified several areas where lack of research funds were having a detrimental effect on wheat research. The report drew attention to essential projects which have been denied support because of inadequate funds, to new areas requiring research as the wheat industry expands, and to the deteriorating level of reserves in wheat research funds made worse by the severe 1982/83 drought. The Federation also noted there was a need to increase the tax just to maintain the real value of monies devoted to research.

 

Overview

The Wheat Tax Regulations (Amendments) 1983 were enacted by the Parliament of Australia to address the growing need for increased funding for wheat industry research. These amendments were introduced to adjust the rate of wheat tax, which is imposed on all wheat delivered to and sold by the Australian Wheat Board, to better support research initiatives. The Wheat Research Trust Account, which receives wheat tax funds, is vital for financing wheat industry research, approved by relevant committees and councils. The Wheat Tax Act 1957 previously set a maximum tax rate of 30 cents per tonne, but the current rate of 25 cents per tonne had been in place since October 1982. This amendment increases the tax rate to 30 cents per tonne, effective from 1 October 1983, in response to a report from the Australian Wheatgrowers’ Federation. The report highlighted significant research funding shortfalls, essential projects being underfunded, and the need to address the declining reserves in wheat research funds exacerbated by the 1982/83 drought. The policy objective is to ensure sufficient funding for vital wheat industry research, thereby supporting the industry's growth and resilience.

Scope and Application

The Wheat Tax Regulations, which are the subject of these amendments, apply to all wheat delivered to and sold by the Australian Wheat Board, imposing a tax on such transactions. This tax is specifically intended to fund wheat industry research, with the collected monies being deposited into the Wheat Research Trust Account. The regulations affect all entities involved in the delivery and sale of wheat to the Australian Wheat Board, ensuring that a portion of the proceeds from these transactions contributes to the research fund. The amendments proposed here pertain to the rate of tax, which is set to increase from 25 cents to 30 cents per tonne effective from 1 October 1983. The Wheat Research Trust Account also receives contributions from the Commonwealth Government, which must not exceed the aggregate of the amounts from wheat tax collections as per the Wheat Research Act 1957. The intended increase in the tax rate has been recommended by the Australian Wheatgrowers’ Federation, citing the necessity for additional funds to support critical research projects, address emerging industry needs, and maintain the real value of research funding amidst financial constraints.

Key Provisions

The Wheat Tax Regulations, as amended, establish the tax rate on wheat delivered to, or sold by, the Australian Wheat Board. Section (1) of these regulations specifies that the tax rate on wheat will be increased from 25 cents to 30 cents per tonne, effective from 1 October 1983. This amendment is intended to support the funding of wheat industry research through the Wheat Research Trust Account. The money collected from this tax, along with additional contributions from the Commonwealth Government, is allocated for wheat research projects that are approved by the relevant Wheat Industry Research Committees. Entities governed by these regulations, such as the Australian Wheat Board and the Commonwealth Government, have specific obligations under the Wheat Tax Act 1957. The Wheat Board is required to collect the increased tax from wheat sellers and deliver these funds to the Wheat Research Trust Account. Meanwhile, the Commonwealth Government must ensure its contributions do not exceed the total tax collections, as stipulated in sub-section 5(1) of the Wheat Tax Act. Furthermore, the Australian Wheatgrowers’ Federation must submit a report to the Minister for Primary Industry detailing the need for any proposed tax adjustments, as required by sub-section 5(2). The Wheat Tax Regulations impose several requirements on the entities involved. For example, the Wheat Board must accurately calculate and collect the tax from all relevant wheat transactions, while the Commonwealth Government must monitor its contributions to ensure compliance with the legal limit. The Australian Wheatgrowers’ Federation is obligated to provide detailed reports justifying any proposed changes to the tax rate, highlighting the necessity for increased funding for wheat research. Failure to comply with these obligations could result in insufficient funding for approved research projects, potentially hindering progress in wheat industry development. Breaches of these obligations may have serious consequences. Although the regulations do not explicitly state penalties for non-compliance, the Wheat Tax Act 1957 may impose civil or criminal penalties for failure to meet the tax collection and reporting requirements. For example, the Wheat Board could face fines or legal action for not collecting the correct tax amount, while the Commonwealth Government might be required to adjust its contributions to meet the legal limit. The Australian Wheatgrowers’ Federation could also face scrutiny if their reports are deemed inadequate, potentially impacting the approval of future tax adjustments. The exact penalties would depend on the specific breach and relevant legal provisions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.