Honey Levy Act (No. 2) 1962 (Cth)

Honey Levy Act (No. 2) 1962

Act No. 107 of 1962 as amended

Consolidated as in force on 25 November 1999

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

[Note: This Act is repealed by No. 32 of 1999]

Prepared by the Office of Legislative Drafting

Attorney‑General’s Department, Canberra

      

Contents

An Act to impose a Levy on certain Honey produced in Australia and used in the production of other Goods

   

1Short title [see Note 1]

 This Act may be cited as the Honey Levy Act (No. 2) 1962.

2Commencement [see Note 1]

 This Act shall come into operation on the day on which it receives the Royal Assent.

3AInterpretation

• (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 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.

4Imposition of levy [see Note 2]

 A levy is imposed on honey (not being honey on which levy has been imposed by the Honey Levy Act (No. 1) 1962) that, on or after a date to be fixed by the Minister by notice in the Gazette, is used by a person in the production of other goods, 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.

5Rates of levy

• (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 amount, 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.

6Levy payable by person who uses honey

 The levy imposed by this Act is payable by the person who uses the honey in the production of other goods.

6AExemptions

• (1)

  Levy imposed by this Act is not payable in respect of honey used by a person (other than the producer) in a month in the production of other goods if the honey so used by the person in that month, together with the honey, if any, sold by the person in that month, weighs not more than 50 kilograms.

• (1A)

  Levy imposed by this Act is not payable in respect of honey that, in a year, is used by the producer in the production of other goods if the honey so used by the producer in that year, together with the honey, if any, sold by the producer by prescribed sale in that year, 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.

7Regulations

 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.

Notes to theHoney Levy Act (No. 2) 1962

Note 1

The Honey Levy Act (No. 2) 1962 as shown in this reprint comprises Act No. 107, 1962 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 Levy Act (No. 2) 1962	107, 1962	14 Dec 1962	14 Dec 1962
Honey Levy Act (No. 2) 1965	73, 1965	22 Nov 1965	22 Nov 1965	—
Honey Levy Act (No. 2A) 1965	142, 1965	18 Dec 1965	14 Feb 1966	—
Honey Levy Act (No. 2) 1973	188, 1973	14 Dec 1973	11 Jan 1974	—
Honey Levy (No. 2) Amendment Act 1980	148, 1980	19 Sept 1980	1 Dec 1980 (see s. 2 and Gazette 1980, No. G47)	S. 4(2)
Honey Levy Legislation Amendment Act 1985	5, 1985	29 Mar 1985	Ss. 1 and 2: Royal Assent Remainder: 1 Jan 1986	—
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 Levy (No. 2) Amendment Act 1988	32, 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	—
Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991	26, 1991	1 Mar 1991	1 July 1991 (see s. 2)	S. 5
Honey Levy (No. 2) Amendment Act 1991	154, 1991	21 Oct 1991	21 Oct 1991	—
Honey Legislation (Repeal and Amendment) Act 1992	122, 1992	17 Oct 1992	1 Jan 1993	—
Primary Industries Levies and Charges (Consequential Amendments) Act 1999	32, 1999	14 May 1999	Schedule 1 (items 47, 48): 1 July 1999 (see s. 2(1))	Sch. 1 (item 48)

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. 3A.........................................	ad. No. 73, 1965
rs. No. 148, 1980
am. No. 103, 1985; No. 32, 1988; No. 17, 1990; No. 26, 1991; No. 122, 1992
S. 5...........................................	am. Nos. 73 and 142, 1965; No. 188, 1973
rs. No. 148, 1980
am. No. 103, 1985; No. 32, 1988; No. 17, 1990; No. 154, 1991; No. 122, 1992
S. 6A.........................................	ad. No. 73, 1965
am. No. 188, 1973; No. 148, 1980; No. 5, 1985; No. 122, 1992

Note 2

S. 4—The date fixed was 1 March 1963 (see Gazette 1963, No. 9, p. 446).