WHEAT GROWERS RELIEF (No. 2).

No. 59 of 1934.

An Act to provide for Financial Assistance to the States in the provision of Relief to Wheat Growers, and for other purposes.

[Assented to 17th December, 1934.]

Preamble.

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Short title.

1. This Act may be cited as the Wheat Growers Relief Act (No.2) 1934.

Definition.

2. In this Act, unless the contrary intention appears—

“wheat grower” means any person who has sown wheat during the year One thousand nine hundred and thirty-four.

Appropriation.

3. There shall be payable out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, the sums necessary to provide for the payments authorized to be made under this Act.

Grant of financial assistance to States.

4. There shall be granted to each State, by way of financial assistance, such amount as is necessary to enable that State to make payments, in accordance with the next succeeding section, to wheat growers in that State.

Payments to wheat growers.

5. The amount which may be paid by a State to any wheat grower, out of moneys granted to that State under the last preceding section, shall be calculated at the rate of three shillings for each acre which the wheat grower satisfies the prescribed authority of that State was sown by him with wheat for grain during the year One thousand nine hundred and thirty-four.

Assistance to wheat growers in Territory for the Seat of Government.

6. There shall be payable to each wheat grower in the Territory for the Seat of Government an amount calculated at the rate of three shillings for each acre which the wheat grower satisfies the prescribed authority was sown by him with wheat for grain during the year One thousand nine hundred and thirty-four.

Executors and trustees.

7. Where—

(a) any person—

(i) is the legal personal representative of a person (since deceased); or

(ii) is the trustee of the estate of a person,

who has, during the year One thousand nine hundred and thirty-four, sown wheat for grain; or

(b) any person, being the legal personal representative of a deceased person or a trustee has, during that year, sown wheat for grain on account of the estate of the deceased person or of the trust estate,

any amount payable under this Act in respect of the wheat so sown shall, notwithstanding anything contained in this Act, be paid to the legal personal representative or trustee on account of the estate of the deceased person or of the trustee, as the case may be.

Share-farmers.

8.—(1.) Any amount payable under this Act in respect of any wheat which is sown in pursuance of a share-farming agreement shall be divided between the parties to that agreement in proportion to their respective interests under the agreement in the wheat or the proceeds thereof:

Provided that, where the agreement provides for the division of the wheat or the proceeds thereof between the parties to the agreement on other than a proportionate basis, the amount payable under this Act shall be divided between the parties in such manner as is determined in each case by the prescribed authority.

(2.) For the purposes of this section wheat shall not be deemed to be sown in pursuance of a share-farming agreement unless two or more persons agree to contribute towards the sowing of the wheat by the provision of either land, labour, material or plant and to divide among them the proceeds of the wheat so sown.

Special grant to Tasmania.

9. There shall be granted to the State of Tasmania, by way of financial assistance, the sum of Four thousand one hundred pounds in each month during which a tax is imposed upon flour by the Flour Tax Act (No. 1) 1934, the Flour Tax Act (No. 2) 1934, or the Flour Tax Act (No. 3) 1934:

Provided that where tax is imposed by any of those Acts for portion only of any month, the sum to be granted in that month in pursuance of this section shall be a sum which bears, to the sum of Four thousand one hundred pounds, the same proportion as the portion of the month bears to the whole month.

Repeal of section twelve of Wheat Growers Relief Act 1933–1934.

10. Section twelve of the Wheat Growers Relief Act 1933–1934 is repealed.

Regulations.

11. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.