Honey Levy Act (No. 1) 1962 (Cth)
Consolidated as in force on 9 May 2000
(includes amendments up to Act No. 32 of 1999)
Prepared by the Office of Legislative Drafting
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
Honey Levy Act (No. 1) 1962 .
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) In this Act:
Corporation means the Australian Horticultural Corporation.
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 theRural 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 thePrimary Industries and Energy Research and Development Act 1989 .
R & D Council has the same meaning as in thePrimary Industries and Energy Research and Development Act 1989 .
R & D Fund has the same meaning as in thePrimary 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 thePrimary Industries Levies and Charges Collection Act 1991 .
(1) Subject to subsection (2), a levy is imposed on honey that is sold on or after a date to be fixed by the Minister by notice in the
Gazette , being honey:
(a) produced in Australia on or after that date; or
(b) produced in Australia before that date and remaining in the ownership of the producer immediately before that date.
(2) Levy is not imposed under subsection (1) by reason of a sale of honey if:
(a) levy has been imposed by this Act on the honey by reason of a previous sale of the honey;
(b) the honey is, under the contract of sale:
(i) to be delivered to a place outside Australia; or
(ii) to be placed on board a ship or aircraft for export from Australia;
(c) the vendor is the producer of the honey and the purchaser is a listed honey dealer; or
(d) the purchaser gives to the vendor a certificate in accordance with the prescribed form of the purchaser’s intention to export the honey, and neither the vendor nor any other person has, with respect to a previous sale of the honey, given a certificate for the purposes of this paragraph.
(1) The levy imposed on honey by this Act is the sum of:
(a) a levy at the rate of 1.80 cents per kilogram of honey or, if another rate, not exceeding 5 cents per kilogram of honey, is for the time being prescribed for the purposes of this paragraph, that other rate; and
(b) a levy at the rate of 0.25 cent per kilogram of honey or, if another rate, not exceeding 0.75 cent per kilogram of honey, is for the time being prescribed for the purposes of this paragraph, that other rate.
(2) Before making regulations prescribing a rate for the purposes of paragraph (1)(a) 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 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) Before making regulations prescribing a rate for the purposes of paragraph (1)(b) 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.
Where, by reason of a sale of honey, levy is imposed on the honey by this Act, the levy is payable by the producer.
(1) Levy imposed by this Act is not payable in respect of honey sold by a person (not being honey sold by the producer by prescribed sale) in a month if the honey sold by the person in that month, together with the honey, if any, used by the person in that month in the production of other goods, weighs not more than 50 kilograms.
(1A) Levy imposed by this Act is not payable in respect of honey that, in a year, is sold by the producer by prescribed sale if the honey so sold by the producer in that year, together with the honey, if any, used by the producer in that year in the production of other goods, weighs not more than 600 kilograms.
(2) Levy is not payable by a person included in a prescribed class of persons.
(3) Before making regulations prescribing a class of persons for the purposes of subsection (2), the Governor‑General shall take into consideration any recommendation with respect to the proposed regulations made to the Minister by the producers’ organisation.
(4) The producers’ organisation must not make a recommendation to the Minister unless it has consulted with the Corporation in relation to the recommendation.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all 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
All relevant information pertaining to application, saving or
transitional provisions prior to 14 May 1999 is not included in this
compilation. For subsequent information
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
106, 1962 | 14 Dec 1962 | 14 Dec 1962 | ||
72, 1965 | 22 Nov 1965 | 22 Nov 1965 | — | |
141, 1965 | 18 Dec 1965 | 14 Feb 1966 | — | |
187, 1973 | 14 Dec 1973 | 11 Jan 1974 | — | |
147, 1980 | 19 Sept 1980 | 1 Dec 1980 ( | S. 4(2) | |
5, 1985 | 29 Mar 1985 | Ss. 1 and 2: Royal Assent Remainder: 1 Jan 1986 | — | |
103, 1985 | 3 Oct 1985 | 3 Oct 1985 | Ss. 2(2) and 4‑10 | |
31, 1988 | 11 May 1988 | 1 Jan 1989 ( | S. 4(2) | |
17, 1990 | 17 Jan 1990 | Ss. 9, 26(2), 31(2), 36(2) and 39(2), Part 3 (ss. 92‑121), s. 156 and Schedule 1: 1 July 1990 Remainder: Royal Assent | — | |
26, 1991 | 1 Mar 1991 | 1 July 1991 ( | — | |
153, 1991 | 21 Oct 1991 | 21 Oct 1991 | — | |
122, 1992 | 17 Oct 1992 | 1 Jan 1993 | — | |
32, 1999 | 14 May 1999 | Schedule 1 (items 45, 46): 1 July 1999 | Sch. 1 (item 46) [ |
(a) TheHoney Levy Act (No. 1) 1962 was repealed by thePrimary 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 .
| |
Provision affected | How affected |
S. 3........................................... | rep. No. 26, 1991 |
S. 3A......................................... | ad. No. 72, 1965 |
rs. No. 147, 1980 | |
| |
S. 4........................................... | am. No. 147, 1980 |
S. 5........................................... | am. No. 72, 1965; No. 141, 1965; No. 187, 1973 |
rs. No. 147, 1980 | |
| |
S. 6........................................... | am. No. 26, 1991 |
S. 6A......................................... | ad. No. 72, 1965 |
| |
The date fixed was 1 March 1963 (
Primary Industries Levies and Charges (Consequential Amendments) Act 1999 (No. 32, 1999)
The repeal of the
Honey Levy Act (No. 1) 1962 by this Schedule applies to honey sold after the commencement of this item.
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