WHEAT TAX (WAR-TIME) ASSESSMENT.
No. 68 of 1940.
An Act relating to the Assessment and Collection of a Tax upon Wheat.
[Assented to 16th December, 1940.]
BE it enacted by the King’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 (War-time) Assessment Act 1940.
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—
“acquired by the Commonwealth” means acquired by virtue of an order published in the Gazette by the Minister in pursuance of the powers conferred by regulation 14 of the Wheat Acquisition Regulations;
“price” in relation to wheat means such price as the Minister, from time to time, by order published in the Gazette, declares to be the average price free on board at Australian ports, from which wheat is usually exported, of wheat bagged in new cornsacks;
“tax” means the tax imposed upon wheat by the Wheat Tax (War-time) Act 1940;
“the Australian Wheat Board” means the Board constituted under that name by the Wheat Acquisition Regulations;
“the Wheat Acquisition Regulations” means Statutory Rules 1939, No. 96 as amended and in force at the relevant time;
“the Wheat Industry Stabilization Board” means the Board constituted under that name by the National Security (Wheat Industry Stabilization) Regulations (being Statutory Rules 1940, No. 268 as amended and in force at the relevant time).
Tax payable by person from whom acquired.
4. Tax shall be payable by the person from whom the wheat is acquired by the Commonwealth.
Assessment of tax.
5. In respect of all wheat acquired by the Commonwealth, the Wheat Industry Stabilization Board shall assess the amount of tax payable by the person from whom the wheat was acquired by the Commonwealth and shall notify the Australian Wheat Board of the tax so assessed.
Collection of tax.
6.—(1.) The Australian Wheat Board shall deduct from any amount of compensation payable in respect of any wheat acquired by the Commonwealth the tax assessed by the Wheat Industry Stabilization Board in respect of that wheat.
(2.) All amounts so deducted shall be paid into the Consolidated Revenue Fund.
Regulations.
7. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for prescribing penalties, not exceeding Fifty pounds or imprisonment for six months, for any breach of the regulations.
Duration of Act.
8. This Act shall continue in force until six months after the termination of the present war between His Majesty the King and Germany and no longer.
Overview
The Wheat Tax (War-time) Assessment Act 1940 was enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia on 16th December 1940. The Act was introduced to address the immediate financial needs of the Commonwealth during the Second World War by imposing a tax on wheat acquired by the Commonwealth. The policy objective of this Act was to facilitate the assessment and collection of the tax on wheat through the Wheat Industry Stabilization Board and the Australian Wheat Board, ensuring that the tax was deducted from compensation payments and deposited into the Consolidated Revenue Fund.
The Act specified that tax was payable by the person from whom wheat was acquired by the Commonwealth, with the Wheat Industry Stabilization Board responsible for assessing the tax and notifying the Australian Wheat Board of the amount. The Australian Wheat Board was then tasked with deducting the assessed tax from any compensation payable for the wheat, with the collected amounts to be paid into the Consolidated Revenue Fund. The Act also authorised the Governor-General to make regulations necessary for its implementation, including penalties for breaches. The Act was intended to remain in force until six months after the termination of the war between His Majesty the King and Germany.
Scope and Application
The Wheat Tax (War-time) Assessment Act 1940 applies to any person from whom wheat is acquired by the Commonwealth during the wartime period specified in the Act. The legislation imposes a tax on wheat acquired by the Commonwealth and mandates the Wheat Industry Stabilization Board to assess the amount of tax payable. This tax is then deducted by the Australian Wheat Board from any compensation due to the person from whom the wheat was acquired, with the deducted tax being paid into the Consolidated Revenue Fund. The Act's jurisdiction is federal, applying across the Commonwealth of Australia. Notably, the Act is in force until six months after the termination of the war between His Majesty the King and Germany, indicating its temporary wartime nature. Subordinate instruments, such as regulations, may extend or further detail the application of the Act, including provisions for penalties for breaches.
Key Provisions
The Wheat Tax (War-time) Assessment Act 1940 (sections 1-8) establishes the framework for the assessment and collection of a tax on wheat during wartime. The Act specifies that tax will be imposed on wheat acquired by the Commonwealth (section 4), with the Wheat Industry Stabilization Board responsible for assessing the amount of tax (section 5). The Australian Wheat Board will then deduct this tax from any compensation payable for the wheat and remit it to the Consolidated Revenue Fund (section 6). Additionally, the Act defines key terms such as "acquired by the Commonwealth," "price," "tax," and the relevant boards (section 3). The Act also allows the Governor-General to make regulations for its implementation, including penalties for breaches (section 7). The Act will remain in effect until six months after the end of the war (section 8).
The obligations imposed by the Act include the requirement for the Wheat Industry Stabilization Board to assess the tax on wheat acquired by the Commonwealth and notify the Australian Wheat Board of the assessed amount (section 5). The Australian Wheat Board must then deduct the tax from any compensation payable for the wheat and ensure that the deducted tax is paid into the Consolidated Revenue Fund (section 6). The Act also necessitates that the Governor-General may create regulations to facilitate the operation of the Act, including setting penalties for any breaches (section 7).
The Act provides for civil and criminal consequences for breaches of the regulations made under it. The penalties for any breach of these regulations can include a fine not exceeding Fifty pounds or imprisonment for up to six months (section 7). The Governor-General has the authority to specify these penalties to ensure compliance with the Act. These provisions are crucial for maintaining the integrity of the tax assessment and collection process during wartime, ensuring that the Commonwealth can effectively manage its wheat acquisitions and related financial obligations.