WOOL SALES DEDUCTION (No. 1).
No. 30 of 1950.
An Act to provide for the Payment to the Commonwealth of a Proportion of the Sale Value of Wool sold or otherwise disposed of by Producers on or after the twenty-eighth day of August, One thousand nine hundred and fifty, otherwise than for Delivery out of Australia.
[Assented to 2nd December, 1950.]
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 Wool Sales Deduction Act (No. 1) 1950.
Commencement.
2. This Act shall be deemed to have come into operation on the twenty-eighth day of August, One thousand nine hundred and fifty.
Interpretation.
3.—(1.) In this Act, “the sale value”, in relation to wool, means—
(a) in a case to which paragraph (b) of this definition does not apply—the sale price of the wool; or
(b) where the Commissioner has determined a fair and reasonable value in pursuance of the Wool Sales Deduction (Administration) Act 1950—the value so determined.
(2.) Expressions used in this Act have the same meanings as they have in the Wool Sales Deduction (Administration) Act 1950.
Payments to the Commonwealth.
4.—(1.) A producer of wool who, on or after the date of commencement of this Act, sells or otherwise disposes of that wool, otherwise than for delivery by him out of Australia, is liable to pay to the Commonwealth a proportion of the sale value of that wool, being such proportion as is fixed by the Parliament for the financial year in which the wool is so sold or disposed of.
(2.) The proportion of the sale value for the financial year which commenced on the first day of July, One thousand nine hundred and fifty, is one-fifth.
(3.) Until a proportion of the sale value is fixed by the Parliament for a later financial year, the proportion of the sale value for that financial year is the proportion fixed for the immediately preceding financial year.
(4.) The last preceding sub-section is subject to the provisions contained in the Wool Sales Deduction (Administration) Act 1950 for refunds where—
(a) the proportion of the sale value fixed for a financial year is fixed after the commencement of that financial year and is less than the proportion fixed for the immediately preceding financial year; or
(b) no proportion of the sale value is fixed for a financial year before the end of that financial year.
Exemptions.
5. This Act does not apply—
(a) to a producer whose income is exempt from income tax under the provisions of the Income Tax Assessment Act 1936–1949; or
(b) in relation to wool produced in the Northern Territory of Australia.
Duration.
6. This Act shall continue in force until a date to be fixed by Proclamation but not in any event after the Wool Sales Deduction (Administration) Act 1950 ceases to be in force.
Overview
The Wool Sales Deduction Act (No. 1) 1950 was enacted by the Commonwealth Parliament to address the need for a proportional contribution to the Commonwealth from the sale of wool by producers, excluding sales for delivery outside Australia. This legislation was introduced to ensure that a portion of the revenue generated from wool sales would be directed to the Commonwealth, supporting national economic and possibly agricultural policies during the period. The act established that the proportion of the sale value to be paid to the Commonwealth was initially set at one-fifth, and would continue at this rate until otherwise specified by Parliament. It is designed to be in force concurrently with the Wool Sales Deduction (Administration) Act 1950, which likely outlines the administrative framework for the deduction process. Exemptions are provided for producers with income exempt from income tax and for wool produced in the Northern Territory, ensuring that the legislation does not unduly burden certain groups.
Scope and Application
The Wool Sales Deduction Act (No. 1) 1950 applies to any producer of wool who sells or disposes of their wool on or after the 28th of August, 1950, for purposes other than delivering the wool outside Australia. The Act mandates that such producers must pay a proportion of the sale value of the wool to the Commonwealth, with the proportion being fixed by Parliament for the relevant financial year. For the financial year starting 1st July 1950, this proportion is set at one-fifth of the sale value. The Act applies to Commonwealth jurisdiction and includes specific exclusions, such as producers whose income is exempt from income tax under the Income Tax Assessment Act 1936–1949, as well as wool produced in the Northern Territory. The Act will remain in force until a specified date by proclamation but will not continue beyond the cessation of the Wool Sales Deduction (Administration) Act 1950.
Key Provisions
The Wool Sales Deduction Act (No. 1) 1950 establishes the payment of a proportion of the sale value of wool to the Commonwealth for sales or disposals made by producers on or after 28 August 1950, excluding those for delivery outside Australia (section 4). The proportion is initially set at one-fifth for the financial year beginning 1 July 1950 and remains the same for subsequent years until altered by Parliament (sections 4(2) and 4(3)). The definition of "sale value" can be influenced by the Commissioner's determinations under the Wool Sales Deduction (Administration) Act 1950 (section 3). The Act does not apply to producers exempt from income tax under the Income Tax Assessment Act 1936–1949 or to wool produced in the Northern Territory (section 5).
Producers of wool must remit a specified proportion of the sale value of wool sold or otherwise disposed of within Australia to the Commonwealth. This obligation is triggered by the sale or disposal event and requires the producer to calculate the applicable proportion based on the financial year in which the transaction occurs (section 4). Compliance involves ensuring that the wool is not intended for export, which would exempt it from the deduction requirement. Producers must also be aware of any changes in the proportion fixed by Parliament and ensure timely payment according to these changes.
Failure to comply with the payment obligations under the Act can result in civil or criminal penalties, although the specific penalties are not detailed in the provided text. The Act refers to provisions for refunds and adjustments in the Wool Sales Deduction (Administration) Act 1950, suggesting that penalties may be addressed within that related legislation (section 4(4)). The exact nature and severity of penalties for non-compliance are not explicitly stated in this excerpt but would likely be outlined in associated administrative acts or regulations.