HONEY LEVY COLLECTION REGULATIONS - Incorporating all amendments by
legislation made to 31 March 1981
- Reprinted as at 31 March 1981 (HISTREG CHAP 152 #DATE 31:03:1981)
*1* The Honey Levy Collection Regulations (in force under the Honey Levy Collection Act 1962) as shown in this reprint comprise Statutory Rules 1963 No. 16 as amended by the other Statutory Rules specified in the following table: ---------------------------------------------------------------------------- Application, saving Year and Date of notification Date of or transitional number in Gazette commencement provisions ---------------------------------------------------------------------------- 1963 No. 16 25 Feb 1963 25 Feb 1963 1967 No. 5 26 Jan 1967 26 Jan 1967 - 1974 No. 31 19 Mar 1974 19 Mar 1974 - ---------------------------------------------------------------------------- HONEY LEVY COLLECTION REGULATIONS - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
3. Manner of payment of levy, &c.
4. Returns
5. Export entry for honey exported after return has been furnished
5A. Records to be kept by bee-keepers
6. Records to be kept by listed honey dealers and users of honey
6A. Records not kept in respect of certain honey
7. Authorized agents
THE SCHEDULES
FIRST SCHEDULE
Places where returns may be lodged
SECOND SCHEDULE
Forms
HONEY LEVY COLLECTION REGULATIONS - SECT. 1.
Citation
1. These Regulations may be cited as the Honey Levy Collection
Regulations.*1*
See notes to first article of this Chapter.
HONEY LEVY COLLECTION REGULATIONS - SECT. 2.
Interpretation
2. (1) In these Regulations, unless the contrary intention appears-
"authorized agent" means a person appointed in pursuance of regulation 7
of these Regulations to be an authorized agent;
"honey" means honey-
(a) produced in Australia on or after the first day of March, 1963; or
(b) produced in Australia before that date and remaining in the
ownership of the producer immediately before that date;
"return" means a return required to be furnished to the Secretary in
pursuance of sub-regulation (1) of regulation 4 of these Regulations;
"Territory" means Territory of the Commonwealth.
(2) In these Regulations-
(a) a reference to a Schedule by number shall be read as a reference to the
Schedule so numbered to these Regulations; and
(b) a reference to a form by number shall be read as a reference to the
form so numbered in the Second Schedule.
HONEY LEVY COLLECTION REGULATIONS - SECT. 3.
Manner of payment of levy, &c.
3. The payment of levy or other amounts payable to the Commonwealth by a
person under the Honey Levy Collection Act 1962 with respect to honey sold by
the person, whether on his own behalf or on behalf of another person, or used
by the person shall be made to the Collector of Public Moneys, Department of
Primary Industry at the place the name of which is specified in column 2 of
the table in the First Schedule opposite to the name in column 1 of that table
of the State or Territory in which the first-mentioned person was carrying on
the business in the course of carrying on which the honey was sold or used.
HONEY LEVY COLLECTION REGULATIONS - SECT. 4.
Returns
4. (1) Subject to the next succeeding sub-regulation, a person who, during a
month-
(a) sells, otherwise than to or through a listed honey dealer, honey of
which he is the producer;
(b) being a listed honey dealer, sells honey on behalf of the producer of
the honey;
(c) sells on his own behalf honey of which he is not the producer; or
(d) uses honey in the production of other goods,
shall, within 28 days after the last day of that month, furnish to the
Secretary a return in accordance with Form 1 with respect to all honey sold by
him on his own behalf or, if he is a listed honey dealer, on behalf of the
producer of the honey, or used by him in the production of other goods, during
that month.
(2) A person who sells or uses honey on which levy has been imposed by
reason of a previous sale of the honey is not, by reason only of that
first-mentioned sale or of that use, as the case may be, required to furnish a
return under the last preceding sub-regulation.
(3) A return shall be accompanied by-
(a) where the return relates to honey that the person furnishing the return
has placed on board a ship or aircraft for export from Australia-a copy of the
export entry made under section 114 of the Customs Act 1901-1960 in respect of
that honey; or
(b) where the return relates to honey in respect of which the purchaser of
the honey has given a certificate for the purposes of paragraph (d) of
sub-section (2) of section 4 of the Honey Levy Act (No. 1) 1962-that
certificate.
(4) A return with respect to honey sold or used by a person shall be lodged
with the Collector of Public Moneys, Department of Primary Industry at the
place the name of which is specified in column 2 of the table in the First
Schedule opposite to the name in column 1 of that table of the State or
Territory in which the person was carrying on the business in the course of
carrying on which the honey was sold or used.
HONEY LEVY COLLECTION REGULATIONS - SECT. 5.
Export entry for honey exported after return has been furnished
Amended by 1967 No. 5 r. 1
5. Where-
(a) a person furnishes a return relating to honey sold under a contract of
sale providing for the honey to be delivered to a place outside Australia or
to be placed on board a ship or aircraft for export from Australia; and
(b) the person has not, when the return is furnished, placed the honey on
board a ship or aircraft for export from Australia,
the person shall, within seven days after the day on which he places the honey
on board a ship or aircraft for export from Australia, send to the officer
with whom the return was lodged a copy of the export entry made under section
114 of the Customs Act 1901-1960 in respect of the honey.
Penalty: One hundred dollars.
HONEY LEVY COLLECTION REGULATIONS - SECT. 5A.
Records to be kept by bee-keepers
Inserted by 1967 No. 5 r. 2
5A. (1) This regulation applies to a person who keeps bees, whether for
commercial purposes or otherwise.
(2) A person who, at any time during a month, is a person to whom this
regulation applies shall keep proper records showing-
(a) the amount of honey, if any, on hand at the beginning of the month;
(b) the amount of honey, if any, of which the person became the producer
during the month;
(c) the amount of honey, if any, purchased during the month by the person
and, if honey was purchased, the details of each purchase;
(d) the amount of honey, if any, sold during the month by the person on his
own behalf and, if honey was sold, the details of each sale;
(e) if the person is a listed honey dealer, the amount of honey, if any,
sold during the month by the person on behalf of the producer of the honey
and, if honey was sold, the details of each sale; and
(f) the amount of honey, if any, otherwise disposed of during the month by
the person and, if honey was disposed of, the details of each disposal.
Penalty: Two hundred dollars.
HONEY LEVY COLLECTION REGULATIONS - SECT. 6.
Records to be kept by listed honey dealers and users of honey
Amended by 1967 No. 5 r. 3
6. A person, other than a person to whom the last preceding regulation
applies, who, at any time during a month, is a listed honey dealer or uses
honey in the production of other goods shall keep proper records showing-
(a) the amount of honey, if any, on hand at the beginning of the month;
* * * * * * * *
(c) the amount of honey, if any, purchased during the month by the person
and, if honey was purchased, the details of each purchase;
(d) the amount of honey, if any, sold during the month by the person on his
own behalf and, if honey was sold, the details of each sale;
(e) the amount of honey, if any, sold during the month by the person, being
a listed honey dealer, on behalf of the producer of the honey and, if honey
was sold, the details of each sale;
(f) the amount of honey, if any, used during the month, by the person in
the production of other goods; and
(g) the amount of honey, if any, otherwise disposed of during the month by
the person and, if honey was otherwise disposed of, the details of each
disposal.
Penalty: Two hundred dollars.
HONEY LEVY COLLECTION REGULATIONS - SECT. 6A.
Records not kept in respect of certain honey
Inserted by 1967 No. 5 r. 4
6A. Nothing in the last two preceding regulations requires a person to keep
records relating to the purchase or use of honey for domestic purposes or for
other purposes not connected with keeping bees, dealing in honey or using
honey in the production of other goods.
HONEY LEVY COLLECTION REGULATIONS - SECT. 7.
Authorized agents
7. (1) A person may appoint another person to be his authorized agent for
the purpose of executing on behalf of the first-mentioned person the
declaration set out in Form 1.
(2) The appointment of an authorized agent by a person-
(a) shall be in accordance with Form 2; and
(b) shall be lodged with the Collector of Public Moneys with whom the
person is required to lodge his returns.
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HONEY LEVY COLLECTION REGULATIONS - FIRST SCHEDULE
SCH
FIRST SCHEDULE
Regulations 3 and
4
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--
Column 1 Column 2
Name of State or Territory Name of
Place
------------------------------------------------------------------------------
-- New South Wales . . . . . . . . . . . . . . . . . . . . . . . . . Sydney
Victoria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Melbourne
Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . Brisbane
South Australia . . . . . . . . . . . . . . . . . . . . . . . . . Adelaide
Western Australia . . . . . . . . . . . . . . . . . . . . . . . . Perth
Tasmania . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hobart
Australian Capital Territory . . . . . . . . . . . . . . . . . . . Canberra
Northern Territory of Australia . . . . . . . . . . . . . . . . . Canberra
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HONEY LEVY COLLECTION REGULATIONS - SECOND SCHEDULE
SCH
SECOND SCHEDULE
Form 1 amended by 1967 No. 5 r. 5; 1974 No. 31
SCH
FORM 1 Regulation
4 COMMONWEALTH OF AUSTRALIA
Honey Levy Collection Act 1962
RETURN OF HONEY SOLD OR USED IN THE PRODUCTION OF OTHER GOODS
To the Secretary to the Department of Primary Industry.
(a) Insert name of month.
(b) Insert number of year.
(c) Insert name and address of person furnishing return.
Particulars of Honey sold, or used in the production of other goods, during
the
month of (a) in the year (b) by (c)
are as follows:
------------------------------------------------------------------------------
--
Amount of Amount of levy
honey in per kilogram
of Amount
of
Circumstances of sale or use of Honey kilograms honey levy
payable
------------------------------------------------------------------------------
-- Cents $
1. Honey sold, or used in the
production of other goods, in
circumstances other than those set out
below . . . . . . . . . . . . . . . . .
2. Honey sold by the person furnishing
this return, being a listed honey
dealer, on behalf of the producer of the
honey in circumstances other than those
set out below . . . . . . . . . . . . .
3. Honey sold, being honey on which
levy has been imposed by the Honey Levy
Act (No. 1) 1962 by reason of a previous
sale of the honey . . . . . . . . . . . nil nil
4. Honey sold under a contract of sale
providing for the honey to be delivered
to a place outside Australia or to be
placed on board a ship or aircraft for
export from Australia . . . . . . . . . nil nil
5. Honey, the producer of which was
the person furnishing this return, sold
to a listed honey dealer . . . . . . . . nil nil
6. Honey sold, being honey in respect
of which the purchaser has given a
certificate for the purposes of
paragraph (d) of sub-section (2) of
section 4 of the Honey Levy Act (No. 1)
1962 . . . . . . . . . . . . . . . . . . nil nil
7. Honey used in the production of
other goods, being honey on which levy
has been imposed by the Honey Levy Act
(No. 1) 1962 . . . . . . . . . . . . . . nil nil
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-- Total . . .
DECLARATION
(d) Insert full name and address of person declaring.
(c) Insert "person furnishing this return" or "authorized agent of the
person furnishing this return ", whichever is applicable.
I, (d) , hereby declare-
1. That I am the (c)
2. That the information contained in this return is true in every
particular.
Declared at , this day of , 19 .
(Signature and address of witness.)
(Signature of person
declaring.)
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FORM 2 Regulation
7
COMMONWEALTH OF AUSTRALIA
Honey Levy Collection Act 1962
APPOINTMENT OF AUTHORIZED AGENT
To the Secretary to the Department of Primary Industry.
(a) Insert full name and address of principal.
(b) Insert full name, address and occupation of agent.
I, (a) hereby appoint (b)
, a specimen of whose signature appears hereunder, to be my
authorized
agent for the purpose of executing on my behalf the declaration set out in
Form
1 in the Second Schedule to the Honey Levy Collection Regulations.
Dated this day of , 19 .
(Signature of agent.)
(Signature of principal.)
(Signature and address
of witness.)
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