Wool Tax Act (No. 2) 1964

Administered by Department of the Treasury

Legislation au C1964A00026 Not in force Act

Legislation content

Wool Tax Act (No. 2) 1964

Act No. 26 of 1964 as amended

[Note: This Act was repealed by Act No. 101 of 2006 on 14 September 2006

For transitional and application provisions see Act No. 101, 2006, Schedule 6 (items 5–11)]

This compilation was prepared on 24 January 2001
taking into account amendments up to Act No. 145 of 2000

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGeneral’s Department, Canberra

 

 

 

Contents

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Administration Act to be read with this Act...............

4 Imposition of tax...............................

5 Rate of tax..................................

6 Regulations..................................

Notes

 

An Act to impose a Tax upon Shorn Wool produced in Australia and purchased by a WoolDealer from a person other than a WoolBroker

1  Short title [see Note 1]

  This Act may be cited as the Wool Tax Act (No. 2) 1964.

2  Commencement [see Note 1]

  This Act shall come into operation on the day on which it receives the Royal Assent.

3  Administration Act to be read with this Act

  The Wool Tax (Administration) Act 1964 shall be read as one with this Act.

4  Imposition of tax

 (1) Subject to this section, tax is imposed on all shorn wool:

 (a) produced in Australia; and

 (b) on or after 1 July 1964, purchased by a wooldealer from a person other than a woolbroker.

 (1A) Tax is not imposed by this Act if the purchase occurs after the commencement of Schedule 1 to the Wool Services Privatisation Act 2000.

 (2) Tax is not imposed by this Act on shorn wool on which a tax has been imposed, whether before or after the commencement of this Act, by a repealed Wool Tax Act.

 (3) If shorn wool that has, on or after 1 July 1964, been purchased by a wooldealer is again purchased by a wooldealer, tax is not imposed by this Act on that wool by reason of the lastmentioned purchase.

 (4) If shorn wool on which a tax has been imposed by a Wool Tax Act other than this Act is purchased by a wooldealer, tax is not imposed by this Act on that wool by reason of that purchase.

5  Rate of tax

 (1) The rate of tax imposed on shorn wool other than carpet wool purchased by a wooldealer from a person other than a woolbroker is:

 (a) 15% of the sale value of the wool; or

 (b) if a lower rate is applicable to the wool under the regulations—that lower rate.

 (2) The rate of tax imposed on carpet wool purchased by a wooldealer from a person other than a woolbroker is:

 (a) 6% of the sale value of the wool; or

 (b) if a lower rate is applicable to the wool under the regulations—that lower rate.

6  Regulations

 (1) The GovernorGeneral may make regulations, not inconsistent with this Act, prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 (2) A rate prescribed for the purpose of paragraph 5(1)(b) or 5(2)(b) must be a rate that is a particular percentage of the sale value of the wool on which tax is payable.

 (4) A percentage specified in a rate of tax prescribed for the purpose of paragraph 5(1)(b) or 5(2)(b):

 (b) may be nil; but

 (c) must not be such that, at any time, the percentage is different from a percentage specified in a rate of tax prescribed for the purpose of the corresponding paragraph of another Wool Tax Act in respect of the same kind of wool.

 (5) Before making regulations under this section prescribing a rate of tax that is to apply in relation to a financial year commencing on or after 1 July 1994, the GovernorGeneral is required to take into consideration:

 (a) in the case of regulations to prescribe a rate for the purposes of paragraph 5(1)(b):

 (i) the percentage fixed by subsection 43(2) of the Wool International Act 1993; and

 (ii) the recommendations that are the current recommendations applying to the financial year for the purposes of sections 49 and 50 of the Australian Wool Research and Promotion Organisation Act 1993; or

 (b) in the case of regulations to prescribe a rate for the purposes of paragraph 5(2)(b), the recommendations that are the current recommendations applying to the financial year for the purposes of sections 49 and 50 of the Australian Wool Research and Promotion Organisation Act 1993.

Notes to the Wool Tax Act (No. 2) 1964

Note 1

The Wool Tax Act (No. 2) 1964 as shown in this compilation comprises Act No. 26, 1964 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 3 May 2000 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Wool Tax Act (No. 2) 1964

26, 1964

26 May 1964

26 May 1964

 

Wool Tax Act (No. 2) 1973

65, 1973

18 June 1973

18 June 1973

Wool Tax Act (No. 2) 1974

67, 1974

1 Oct 1974

2 Sept 1974

S. 5

Wool Tax Act (No. 2) 1975

87, 1975

25 June 1975

25 June 1975

Wool Tax Amendment Act (No. 2) 1976

73, 1976

10 June 1976

10 June 1976

Wool Tax Amendment Act (No. 2) 1977

45, 1977

7 June 1977

7 June 1977

Wool Tax Amendment Act (No. 2) 1978

73, 1978

22 June 1978

22 June 1978

Wool Tax Amendment Act (No. 2) 1979

33, 1979

7 June 1979

7 June 1979

Wool Tax (No. 2) Amendment Act 1980

52, 1980

23 May 1980

1 July 1980

Wool Tax (No. 2) Amendment Act 1985

86, 1985

6 June 1985

1 July 1985

Wool Tax (No. 2) Amendment Act 1987

47, 1987

5 June 1987

1 July 1987

Wool Tax (No. 2) Amendment Act 1990

64, 1990

16 June 1990

16 June 1990

S. 4

Wool Tax (No. 2) Further Amendment Act 1990

92, 1990

29 Nov 1990

4 Oct 1990

S. 7 (rep. by 103, 1991, s. 8)

as amended by

 

 

 

 

Wool Tax (No. 2) Amendment Act 1991

103, 1991

27 June 1991

1 July 1991

Wool Tax (No. 2) Amendment Act 1991

103, 1991

27 June 1991

1 July 1991

Wool Tax (No. 2) Amendment Act 1992

54, 1992

22 June 1992

1 July 1992

Wool Tax (No. 2) Amendment Act 1993

67, 1993

12 Nov 1993

1 Dec 1993 (see s. 2 and Gazette 1993, No.GN46)

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 2 (item 139): (a)

Australian Wool Research and Promotion Organisation Amendment (Funding and Wool Tax) Act 2000

47, 2000

3 May 2000

3 May 2000

Sch. 1 (item 12(2)) [see Table A]

Wool Services Privatisation Act 2000

145, 2000

7 Dec 2000

Schedule 1: 1 Jan 2001 (see Gazette 2000, No. S638)
Remainder: Royal Assent

(a) The Wool Tax Act (No. 2) 1964 was amended by Schedule 2 (item 139) only of the Statute Law Revision Act 1996, subsection 2 (2) of which provides as follows:

 (2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.

 Item 139 is taken to have commenced immediately after the commencement of the Wool Tax Amendment Act (No. 2) 1991.

 The Wool Tax Amendment Act (No. 2) 1991 came into operation on 1 July 1991.

Table of Amendments

ad. = added or inserted     am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Title....................

am. No. 67, 1993

S. 4....................

am. No. 65, 1973; No. 33, 1979; No. 92, 1990; No. 67, 1993; No. 145, 2000

S. 5....................

am. No. 65, 1973; No. 67, 1974; No. 87, 1975; No. 73, 1976; No. 45, 1977; No. 73, 1978; No. 33, 1979

 

rs. No. 52, 1980; No. 86, 1985

 

am. No. 47, 1987; No. 64 and 92, 1990; No. 103, 1991; No. 54, 1992; No. 67, 1993; No. 43, 1996

S. 5A...................

ad. No. 92, 1990

 

rep. No. 103, 1991

S. 6....................

am. No. 65, 1973; No. 67, 1974; No. 33, 1979; No. 52, 1980; No. 86, 1985; No. 47, 1987

 

rs. No. 92, 1990

 

am. No. 103, 1991; No. 67, 1993; No. 47, 2000

Table A

Application, saving or transitional provisions

Australian Wool Research and Promotion Organisation Amendment (Funding and Wool Tax) Act 2000 (No. 47, 2000)

Schedule 1

12  Application of amendments

(2) The amendments made by items 7 to 11 apply in determining the rate of wool tax in relation to financial years beginning on or after 1 July 2000.

 

Overview

The Wool Tax Act (No. 2) 1964 was enacted to impose a tax on shorn wool produced in Australia and purchased by a wool-dealer from a person other than a wool-broker. This Act was introduced to address the need for revenue generation from the wool industry, particularly after the dismantling of the centralised wool marketing system. The Act was enacted by the Commonwealth Parliament and its policy objective was to establish a tax on wool to contribute to the financing of the Australian wool industry's research, development, and promotional activities. The Act was repealed by the Wool Services Privatisation Act 2000, which introduced significant reforms to the wool industry, including the removal of the wool tax system. The Wool Tax Act (No. 2) 1964 was administered in conjunction with the Wool Tax (Administration) Act 1964, which provided for the collection and enforcement of the tax. The rate of tax varied depending on the type of wool, with a 15% tax on non-carpet wool and a 6% tax on carpet wool, subject to regulatory adjustments. The Governor-General had the authority to make regulations to prescribe tax rates and other matters necessary for the Act's operation.

Scope and Application

The Wool Tax Act (No. 2) 1964 applies to all shorn wool produced in Australia that is purchased by a wool-dealer from a person other than a wool-broker, with certain exceptions. Specifically, the tax is not imposed on shorn wool purchased after the commencement of Schedule 1 to the Wool Services Privatisation Act 2000, on shorn wool on which a tax has been imposed by a repealed Wool Tax Act, or on shorn wool that has been previously purchased by a wool-dealer. The tax is also not imposed on shorn wool that has been previously taxed under another Wool Tax Act. The Act applies on a national level across Australia, and its application may be extended or restricted through subordinate instruments. The rate of tax is set at 15% of the sale value of the wool for non-carpet wool and 6% for carpet wool, but this rate may be varied by regulation. The Act was repealed by the Wool Services Privatisation Act 2000, with transitional provisions set out in Schedule 6 of that Act.

Key Provisions

The Wool Tax Act (No. 2) 1964 (the "Act") imposes a tax on shorn wool produced in Australia and purchased by a wool-dealer from a person other than a wool-broker. Section 4 sets out the main operative sections and what they require or permit. The tax is imposed on all shorn wool produced in Australia and purchased by a wool-dealer from a person other than a wool-broker on or after 1 July 1964 (Section 4(1)). The rate of tax is set out in Section 5, which provides that the rate of tax imposed on shorn wool other than carpet wool purchased by a wool-dealer from a person other than a wool-broker is 15% of the sale value of the wool, or if a lower rate is applicable to the wool under the regulations, that lower rate (Section 5(1)). Similarly, the rate of tax imposed on carpet wool purchased by a wool-dealer from a person other than a wool-broker is 6% of the sale value of the wool, or if a lower rate is applicable to the wool under the regulations, that lower rate (Section 5(2)). Section 6 allows the Governor-General to make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act. The Act imposes certain obligations on the parties or entities it governs. For instance, wool-dealers who purchase shorn wool from a person other than a wool-broker must pay the tax imposed under this Act (Section 4). The Governor-General is required to take into consideration certain factors before making regulations under Section 6 that prescribe a rate of tax that is to apply in relation to a financial year commencing on or after 1 July 1994 (Section 6(5)). The Act provides for certain offences, penalties, or civil/criminal consequences for breach, including maximum penalties where stated. However, the Act does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach. It is possible that the relevant penalties and consequences may be found in other related legislation or regulations. Nonetheless, non-compliance with the tax obligations imposed by this Act may result in legal consequences, including fines and imprisonment, as provided for under other Australian legislation.

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