Wheat Tax Regulations (Amendment)

Legislation au C2004L06357 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

STATUTORY RULES 1982 No. 223

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 20 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 1978

- the proposed amendment would increase the rate of tax to 25 cents per tonne from 1 October 1982.

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.

The Minister for Primary Industry has consulted with the Minister for Finance and both concur with the increase in tax recommended by the Federation.

Overview

The Wheat Tax Regulations (Amendments) Statutory Rules 1982 No. 223, issued under the authority of the Minister for Primary Industry, was enacted to address the identified shortfall in funding for wheat research. The Wheat Tax Regulations prescribe the tax rate on wheat, with proceeds directed towards the Wheat Research Trust Account, which finances research projects approved by Wheat Industry Research Committees. The Wheat Tax Act 1957 limits the maximum tax rate to 30 cents per tonne, with the current rate of 20 cents per tonne having been in effect since 1978. This legislation proposes to increase the tax rate to 25 cents per tonne from 1 October 1982, following a recommendation by the Australian Wheatgrowers’ Federation, which highlighted the detrimental impact of inadequate research funds on the wheat industry. The Federation's report emphasised the necessity for additional funding to support essential research projects, explore new areas of research, and address the declining reserves in wheat research funds. Both the Minister for Primary Industry and the Minister for Finance have endorsed this increase in tax to bolster wheat research efforts.

Scope and Application

The Wheat Tax Regulations, as amended by Statutory Rules 1982 No. 223, apply to all wheat delivered to and sold by the Australian Wheat Board, setting forth the rate of tax levied on such transactions. This tax is collected to fund wheat industry research, with the revenue being deposited into the Wheat Research Trust Account. The funds in this account are specifically allocated to research projects approved by Wheat Industry Research Committees in each mainland state, with additional contributions from the Commonwealth Government as outlined in the Wheat Research Act 1957. The proposed amendment, effective from 1 October 1982, increases the tax rate from 20 cents to 25 cents per tonne, reflecting the recommendation of the Australian Wheatgrowers’ Federation and the concurrence of the Ministers for Primary Industry and Finance. The geographic reach of these regulations is national, affecting all wheat transactions within Australia. No specific exclusions, exemptions, or thresholds are mentioned in the explanatory statement, but the Wheat Tax Act 1957 provides a cap of 30 cents per tonne for the tax rate. The application of the Act may be further defined or restricted through subordinate instruments issued under the authority of the relevant Ministers.

Key Provisions

The Wheat Tax Regulations, as amended by Statutory Rules 1982 No. 223, detail the tax imposed on wheat delivered to and sold by the Australian Wheat Board (sections 1 and 2). This tax is set at 25 cents per tonne, effective from 1 October 1982, up from the previous rate of 20 cents per tonne (section 3). The funds collected from this tax are deposited into the Wheat Research Trust Account, which supports wheat industry research as approved by the Wheat Industry Research Committees in each mainland state (section 4). The Commonwealth Government also contributes to this account, but its contribution must not exceed the total amount collected from wheat tax (subsection 5(1) of the Wheat Research Act 1957). The Wheat Tax Act 1957 imposes several obligations on the parties involved. The Australian Wheatgrowers’ Federation is required to submit a report to the Minister for Primary Industry when requesting changes to the tax rate (subsection 5(2)). This report must outline the reasons for the proposed change and identify areas where additional research funding is needed (section 6). The Minister for Primary Industry, after consulting with the Minister for Finance, is responsible for approving or rejecting the proposed tax rate change (section 7). Both ministers must concur with any increase in the tax rate recommended by the Federation (section 8). Failure to comply with the provisions of the Wheat Tax Regulations may result in civil or criminal penalties, although the specific consequences are not detailed in the provided text. However, it is clear that the regulations are designed to ensure that adequate funds are available for wheat research by imposing a tax on wheat transactions and setting a maximum allowable tax rate. The amendment to increase the tax rate aims to address identified funding shortfalls and support ongoing and new research initiatives within the wheat industry.

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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.