Wheat Industry Fund Levy Act 1989

No. 57 of 1989

An Act to impose a levy on wheat produced in Australia

[Assented to 15 June 1989]

BE IT ENACTED by the Queen, and 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 Industry Fund Levy Act 1989.

Commencement

2. This Act commences on 1 July 1989.

Act to be read with Collection Act

3. The Wheat Industry Fund Levy Collection Act 1989 is incorporated, and shall be read as one, with this Act.

Application to Crown

4. This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.

Imposition of levy

5. Levy is imposed on wheat produced in Australia that is:

(a) delivered by the grower to another person, otherwise than for storage on behalf of the grower; or

(b) processed by or for the grower;

on or after 1 July 1989.

Rate of levy

6. The rate of levy is:

(a) 5% of the value of the wheat; or

(b) if a lower percentage is prescribed under section 9—that lower rate.

By whom levy payable

7. Levy on wheat is payable by the grower of the wheat.

Exemption from levy

8. (1) If the total amount of levy that would, but for this subsection, be payable in respect of:

(a) wheat delivered by a grower in a levy year; and

(b) wheat processed by or for the same grower in that levy year;

is less than the prescribed minimum amount for that levy year, levy is not imposed on that wheat.

(2) Where:

(a) wheat is processed by or for the grower; and

(b) the products and by-products of that processing are used by the grower for domestic purposes but not for commercial purposes;

levy is not imposed on that wheat.

Regulations

9. (1) The Governor-General 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) Without limiting the generality of subsection (1), the regulations that may be made under subsection (1) include regulations prescribing a percentage for the purpose of paragraph 6 (b).

(3) The power to make regulations prescribing a percentage for the purpose of paragraph 6 (b) shall be so exercised that:

(a) until the commencement of subsection 85 (1) of the Wheat Marketing Act 1989, the rate of levy is not lower than 0.25% of the value of wheat on which levy is imposed; and

(b) after that commencement, the rate of levy is not lower than 2.25% of the value of wheat on which levy is imposed.

(4) Before making any regulation for the purposes of section 6 or 8, the Governor-General shall take into consideration any relevant recommendation made to the Minister by the Grains Council of Australia.

[Minister’s second reading speech made in—

House of Representatives on 13 April 1989

Senate on 9 May 1989]