Honey Export Charge Act 1973 (Cth)

Honey Export Charge Act 1973

Act No. 183 of 1973 as amended

Consolidated as in force on 18 November 1999

(includes amendments up to Act No. 32 of 1999)

[Note: This Act is repealed by No. 32, 1999)

Prepared by the Office of Legislative Drafting

Attorney‑General’s Department, Canberra

      

Contents

An Act to impose a Charge upon the Export of Honey

  

1Short title [see Note 1]

 This Act may be cited as the Honey Export Charge Act 1973.

2Commencement [see Note 1]

 This Act shall come into operation on a date to be fixed by Proclamation.

4Interpretation

• (1)

  In this Act:

Corporation means the Australian Horticultural Corporation.

honey means honey that is produced in Australia.

producers’ organisation means the organisation known as the Federal Council of Australian Apiarists’ Associations, or, if another organisation is for the time being prescribed for the purposes of this definition, that other organisation.

R & D authority means:

• (a)

  where the levy is not attached to an R & D Corporation or R & D Fund under section 5 of the Primary Industries and Energy Research and Development Act 1989—the Honey Research Council established under subsection 11(2) of the Rural Industries Research Act 1985; or

• (b)

  where the levy is attached to an R & D Corporation under section 5 of the Primary Industries and Energy Research and Development Act 1989—the R & D Corporation; or

• (c)

  where the levy is attached to an R & D Fund under section 5 of that Act—the R & D Council in respect of which the R & D Fund is established under that Act.

R & D Corporation has the same meaning as in the Primary Industries and Energy Research and Development Act 1989.

R & D Council has the same meaning as in the Primary Industries and Energy Research and Development Act 1989.

R & D Fund has the same meaning as in the Primary Industries and Energy Research and Development Act 1989.

• (2)

  Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

5Imposition of charge [see Note 2]

 Subject to this Act, a charge is imposed on honey that is exported from Australia after the commencement of this Act.

6Exemptions

• (1)

  Charge is not imposed by this Act on honey included in a class of honey declared by the regulations to be a class of honey that is exempt from charge.

• (2)

  Before making regulations declaring a class of honey to be a class of honey that is exempt from charge or making regulations that amend or repeal regulations made for that purpose, the Governor‑General shall take into consideration any recommendation with respect to the exemption from charge of that class of honey made to the Minister by the producers’ organisation.

• (2A)

  The producers’ organisation must not make a recommendation to the Minister unless it has consulted with the Corporation in relation to the recommendation.

• (3)

  Charge is not imposed by this Act on honey on which levy imposed by the Honey Levy Act (No. 1) 1962, or by that Act as amended and in force from time to time, has been paid or is payable.

• (4)

  Where, in any month, a person exports honey on which charge is imposed by this Act but the weight of the total quantity of such honey exported by the person in that month does not exceed 50 kilograms, the charge is not payable in respect of honey exported by the person in that month.

7Rate of levy

• (1)

  The charge imposed on honey by this Act is a charge at the rate of 0.25 cent per kilogram or, if another rate, not exceeding 0.75 cent per kilogram, of honey is for the time being prescribed for the purposes of this subsection, that other rate.

• (3)

  Before making regulations prescribing a rate for the purposes of subsection (1) or making regulations that amend or repeal regulations made for those purposes, the Governor‑General shall take into consideration any recommendation with respect to the rate made to the Minister by the R & D Authority or by the producers’ organization.

8Charge payable by exporter

 The charge on honey exported from Australia is payable by the producer of the honey.

9Regulations

 The Governor‑General may make regulations, not inconsistent with this Act, prescribing all 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.

Notes to theHoney Export Charge Act 1973

Note 1

The Honey Export Charge Act 1973 as shown in this consolidation comprises Act No. 183, 1973 amended as indicated in the Tables below.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Honey Export Charge Act 1973	183, 1973	14 Dec 1973	1 Apr 1974 (see Gazette 1974, No. 27B)
Honey Export Charge Amendment Act 1980	146, 1980	19 Sept 1980	1 Dec 1980 (see s. 2 and Gazette 1980, No.G47)	S. 4(2)
Rural Industries Research (Transitional Provisions and Consequential Amendments) Act 1985	103, 1985	3 Oct 1985	3 Oct 1985	Ss. 2(2) and 4‑10
Honey Export Charge Amendment Act 1988	30, 1988	11 May 1988	1 Jan 1989 (see s. 2 and Gazette 1988, No.S399)	S. 4(2)
Primary Industries and Energy Research and Development Act 1989	17, 1990	17 Jan 1990	Ss. 9, 26(2), 31(2), 36(2), 39(2), Part 3 (ss. 92‑121),s. 156 and Schedule 1: 1 July 1990 Remainder: Royal Assent	—
as amended by
Primary Industries and Energy Legislation Amendment Act (No. 1) 1997	22, 1997	7 Apr 1997	Schedule 5 (item 4): 17 Jan 1990 (a)	—
Primary Industries Levies and Charges Collection(Consequential Provisions) Act 1991	26, 1991	1 Mar 1991	1 July 1991 (see s. 2)	S. 5
Honey Export Charge Amendment Act 1991	155, 1991	21 Oct 1991	21 Oct 1991	—
Honey Legislation (Repeal and Amendment) Act 1992	122, 1992	17 Oct 1992	1 Jan 1993	S. 18(2)
Primary Industries Levies and Charges (Consequential Amendments) Act 1999	32, 1999	14 May 1999	Schedule 1 (items 43, 44): 1 July 1999 (b)	Sch. 1 (item 44)

(a) The Primary Industries and Energy Research and Development Act 1989 was amended by the Primary Industries and Energy Legislation Amendment Act (No. 1) 1997, subsection 2(4) of which provides as follows:

• (4)

  Items 4 of Schedule 5 is taken to have commenced on the day on which the Primary Industries and Energy Research and Development Act 1989 received the Royal Assent.

 The Primary Industries and Energy Research and Development Act 1989 was assented to on 17 January 1990.

(b) The Honey Export Charge Act 1973 was repealed by the Primary Industries Levies and Charges (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:

• (1)

  Subject to this section, this Act commences on the commencement of section 1 of the Primary Industries (Excise) Levies Act 1999.

Section 1 of the Primary Industries Levies and Charges (Consequential Amendments) Act 1999 commenced on 1 July 1999

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3...........................................	rep. No. 26, 1991
S. 4...........................................	rs. No. 146, 1980
am. No. 103, 1985; No. 30, 1988; No. 17, 1990; No. 26, 1991; No. 122, 1992
S. 6...........................................	am. No. 122, 1992
S. 7...........................................	rs. No. 146, 1980
am. No. 103, 1985; No. 30, 1988; No. 17, 1990 (as am. No. 22, 1997); No. 155, 1991; No. 122, 1992
S. 8...........................................	am. No. 26, 1991
S. 9...........................................	rs. No. 30, 1988

Table A

Application, saving or transitional provision

Primary Industries Levies and Charges (Consequential Amendments) Act 1999 (No. 32, 1999)

Schedule 1

44

Application

The repeal of the Honey Export Charge Act 1973