Wool Tax Assessment Act (No. 2) 1936

Legislation au C1936A00042 Not in force Act

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WOOL TAX ASSESSMENT (No. 2).

 

No. 42 of 1936.

An Act to amend the Wool Tax Assessment Act 1936.

[Assented to 3rd October, 1936.]

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 and citation.

1.—(1.) This Act may be cited as the Wool Tax Assessment Act (No. 2) 1936.

(2.) The Wool Tax Assessment Act 1936 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Wool Tax Assessment Acts 1936.

Commencement.

2. This Act shall be deemed to have commenced upon the date of the commencement of the Principal Act.

Definitions.

3. Section three of the Principal Act is amended—

(a) by omitting the definition of “dealer” and inserting in its stead the following definition:—

“‘dealer’ means any person, other than a wool-broker, whom the Commissioner declares to be a dealer for the purposes of this Act, and includes any person who engages, whether exclusively or not, in the business of manufacturing goods wholly or partly from wool, and also includes a wool scourer;”;

(b) by inserting, after the definition of “person”, the following definition:—

“‘ship’s agent’ means the owner or charterer, or the representative of the owner or charterer, of an overseas ship;”;

(c) by omitting the definition of “wool”;

(d) by omitting the definition of “wool-broker” and inserting in its stead the following definition:—

“‘wool-broker’ means any person who carries on business as a wool-selling broker;”; and


(e) by adding at the end thereof the following sub-section:—

“(2.) For the purposes of this Act, a wool-broker or dealer shall be deemed to receive wool if he purchases or otherwise acquires it, or if he receives it for sale, disposition, storage, pooling, re-grading, processing or manufacture, or for any purpose prescribed by the regulations, and not otherwise.”.

4. Section twelve of the Principal Act is repealed and the following section inserted in its stead:—

Liability to pay tax.

“12.—(1.) Where a wool-broker or dealer produces wool, or receives wool which has not been produced, or previously been received, by a wool-broker or dealer, he shall pay to the Commissioner the tax in respect of that wool, and may, where he receives wool—

(a) recover from the person from whom he receives the wool the tax in respect of that wool; or

(b) for the purpose of payment of the tax, retain so much of any amount which is or may become payable to any person in respect of such wool, as is equivalent to the amount of that tax,

but not including, in either case, any additional tax payable in pursuance of this Act.

“(2.) Where any person exports any wool, he shall pay to the Commissioner the tax on so much of that wool as, in the opinion of the Commissioner, is wool in respect of which tax is not payable under the last preceding sub-section.”.

Returns.

5. Section thirteen of the Principal Act is amended—

(a) by inserting, after the word “received”, the words “or produced”; and

(b) by omitting all the words after the word “period” (second occurring).

Due date of payment.

6. Section seventeen of the Principal Act is amended—

(a) by omitting the words “or a producer who is a dealer”; and

(b) by omitting paragraph (b) and inserting in its stead the following paragraph and sub-section:—

“(b) where the wool, not being wool to which the last preceding paragraph applies, is exported—on the date of export, unless the prescribed certificate is produced to the Collector of Customs at the port from which the wool is exported.

“(2.) For the purposes of this section, wool shall be deemed to be exported when an order for the shipment of the wool overseas is accepted by a ship’s agent.”.


7. After section eighteen of the Principal Act the following section is inserted:—

Security.

“18a.—(1.) In any case where, in the opinion of the Commissioner, it is necessary for the protection of the revenue to do so, he may, in writing, require any dealer or any person who applies to be declared to be a dealer to give security to the satisfaction of the Commissioner, in such amount as the Commissioner considers reasonable, for payment of tax by that dealer or person.

“(2.) Any dealer so required to give security shall, within twenty-eight days after the date of the requirement, give such security.

“(3.) Any dealer who fails within the time specified in the last preceding sub-section to give security to the satisfaction of the Commissioner shall be guilty of a separate offence for each day during which he fails so to give such security.

Penalty: One hundred pounds for each separate offence.

“(4.) Every security given under this section shall remain in force until—

(a) fresh security satisfactory to the Commissioner is furnished in lieu thereof by the dealer or person;

(b) the expiration of the prescribed period after the Commissioner has received from any party to the security, other than the dealer or person, a request, in writing, to be discharged from his obligations under the security; or

(c) the Commissioner, by notice in writing, relieves the parties to the security from their obligations under the security:

Provided that nothing in this sub-section shall relieve any party to a security from his obligations under the security in respect of any period prior to the date of the termination of the security.”.

8. After section twenty-two of the Principal Act the following section is inserted:—

Exports.

“22a. A ship’s agent shall not accept an order for the shipment of wool overseas except in accordance with the regulations.

Penalty: Twenty pounds.”.

Provision for payment of tax by legal personal representatives of deceased person.

9. Section twenty-seven of the Principal Act is amended by omitting from sub-section (1.) the words “from a producer”.

Public officer of company.

10. Section thirty-nine of the Principal Act is amended by omitting the word “producer,” (wherever occurring).

11. After section thirty-nine of the Principal Act the following section is inserted :—

Declaration of person to be dealer.

“39a.—(1.) The Commissioner may declare any person to be a dealer for the purposes of this Act.

(2.) The Commissioner may, at any time, revoke any declaration made in pursuance of the last preceding sub-section.”.

Overview

The Wool Tax Assessment (No. 2) Act 1936, enacted by the Commonwealth Parliament, amends the Wool Tax Assessment Act 1936 to address certain issues related to the tax on wool. This Act was introduced to refine the definitions and obligations concerning the taxation of wool, particularly targeting wool-brokers and dealers. By introducing amendments to the definitions of key terms such as "dealer" and "wool-broker", and altering the liability and payment obligations for these parties, the Act aims to enhance the administration and enforcement of wool taxes. Additionally, it imposes new requirements for security and regulates the actions of ship's agents in the exportation of wool, ensuring that the tax obligations are met more effectively. The policy objective is to improve the revenue collection process and maintain the integrity of the wool taxation system.

Scope and Application

The Wool Tax Assessment Act (No. 2) 1936 is an amendment to the Wool Tax Assessment Act 1936 and applies to individuals and entities involved in the wool industry within Australia. Specifically, it targets wool-brokers and dealers, including those who manufacture goods from wool or act as wool scourers. The Act also applies to ship’s agents who are involved in the overseas shipment of wool. The geographic reach of the Act is nationwide, as it is a Commonwealth Act. The Act imposes a tax on wool brokers and dealers who produce or receive wool, and requires them to make returns to the Commissioner. Additionally, the Act mandates that dealers may need to provide security for the payment of taxes, with penalties for failure to comply. The Act further regulates the export of wool by requiring ship’s agents to comply with specific regulations when accepting orders for wool shipments overseas. The Act does not specify exclusions or exemptions but allows for the Commissioner to declare certain persons as dealers, with the ability to revoke such declarations. The application and enforcement of the Act may be extended through subordinate instruments, such as regulations, which are not detailed in the provided text.

Key Provisions

The Wool Tax Assessment Act (No. 2) 1936 makes several significant amendments to the Wool Tax Assessment Act 1936. Key changes include the redefinition of terms such as "dealer," "ship's agent," and "wool-broker" (sections 3 and 18a). The Act introduces new obligations for wool-brokers and dealers to pay tax on wool they produce or receive, with provisions for recovering or retaining tax amounts from the original sellers (section 12). Additionally, it mandates that returns be made for both received and produced wool (section 5). Dealers and exporters must comply with specific due dates for tax payments, with particular attention to the exportation process and the requirement to present certificates (section 6). Furthermore, the Act mandates that dealers provide security for tax payment if required by the Commissioner, with penalties for non-compliance (section 18a). The Act imposes several obligations on the parties it governs. Wool-brokers and dealers must pay tax on wool they produce or receive, and may recover or retain the tax amount from the original seller (section 12). Dealers are required to provide security for tax payments if deemed necessary by the Commissioner (section 18a). Additionally, ship's agents must adhere to regulations when accepting orders for wool shipment overseas (section 22a). The Act also mandates that specific returns be made for both received and produced wool (section 5) and that due dates for tax payments are strictly adhered to, particularly for exported wool (section 6). Legal personal representatives of deceased persons are now responsible for tax payments, removing the previous obligation from producers (section 9). Breaches of the Act's provisions result in various civil and criminal consequences. Dealers who fail to provide required security within the stipulated timeframe are subject to a separate offence for each day of non-compliance, with a penalty of one hundred pounds for each offence (section 18a(3)). Ship's agents who do not comply with regulations for accepting orders for wool shipment overseas face a penalty of twenty pounds (section 22a). Failure to make required returns or pay taxes by the specified due dates may also result in additional penalties as prescribed by the regulations.

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Area of Law
Taxation Law
Instrument
Act
Concepts
Definitions & Interpretation
Offence Provisions
Liability to pay tax
Security
Penalty

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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.