EXPLANATORY STATEMENT
STATUTORY RULES 1989 No. 225
Issued by the Authority of the
Minister for Primary Industries and Energy
HONEY EXPORT CHARGE (RATE OF CHARGE) REGULATIONS (AMENDMENT)
Section 9 of the Honey Export Charge Act 1973 (the Act) provides that the Governor-General may make regulations for the purposes of section 6 and 7 of the Act.
The Act imposes a charge on Honey that is exported from Australia. The charge has two components. The component referred to in paragraph 7(1)(a) of the Act is, by virtue of the Honey Marketing Act 1988, designated for funding of the Australian Honey Board (AHB).
Under paragraph 7(1)(a) of the Act, the rate of charge for AHB purposes may be varied, by regulation, from 0.50 cent up to a maximum of 1.0 cent per kilogram of honey. The present prescribed rate is 0.50 cent.
Paragraph 7(2) of the Act provides that before making regulations for the purposes of paragraph 7(1)(a) the Governor-General shall take into consideration any recommendation made to the Minister by the Board.
The Board is required under paragraph 7(2A) to consult with the producers’ organisation (Federal Council of Australian Apiarists’ Associations - FCAAA) and packers’ organisation (Honey Packers Association of Australia - HPAA) before making a recommendation and both agree to a new rate being prescribed. paragraph 7(2B) restricts the AHB to recommending a rate no higher than that agreed to by the producers’ or packers’ organisation.
Both the FCAAA and HPAA have agreed to proposals by the AHB for an increase in the rate of charge for Board funding from 0.50 to 0.75 cents per kilogram of honey.
The purpose of the proposed Regulations is to increase the rate of charge, for AHB purposes, to 0.75 cents per kilogram of honey. The increase is to come into effect from 1 September 1989.
Overview
The Honey Export Charge (Rate of Charge) Regulations (Amendment) 2004 were enacted to adjust the rate of the charge imposed on honey exported from Australia under the Honey Export Charge Act 1973. The Act originally established a charge on exported honey, which has two components, with one designated for funding the Australian Honey Board (AHB). Initially set at 0.50 cents per kilogram, the charge rate was subject to adjustment by regulation, taking into account recommendations from the AHB, which must consult with relevant stakeholders, including the Federal Council of Australian Apiarists’ Associations and the Honey Packers Association of Australia. These groups agreed to an increase in the rate, prompting the enactment of the 2004 amendment to raise the charge to 0.75 cents per kilogram, effective from 1 September 1989, to better fund the AHB’s activities.
Scope and Application
The Honey Export Charge Act 1973 applies to honey exported from Australia and mandates a charge on such exports to fund the Australian Honey Board. The Act specifically targets honey that is exported, with the charge being divided into two components, one of which is earmarked for the Australian Honey Board. The prescribed charge rate can vary between 0.50 and 1.0 cent per kilogram of honey, and the current rate stands at 0.50 cent. This rate is subject to amendment through regulations made by the Governor-General, taking into account recommendations from the Australian Honey Board, which must consult with relevant industry bodies before making such recommendations. The Act's jurisdiction is national, encompassing all honey exports from Australia. Notably, the Act does not specify any exclusions or exemptions, but its application can be extended or restricted through subordinate regulations. The proposed amendment, set to increase the charge to 0.75 cents per kilogram, is intended to take effect from 1 September 1989, reflecting the consensus between the Board and the industry stakeholders.
Key Provisions
The key provisions of the Honey Export Charge (Rate of Charge) Regulations (Amendment) involve amendments to the rate of charge on honey exported from Australia, as outlined in section 9 of the Honey Export Charge Act 1973 (referred to as the Act). Currently, the Act imposes a charge on honey exports with two components, one of which is designated for funding the Australian Honey Board (AHB). Under section 7(1)(a) of the Act, the charge rate can be adjusted by regulation, with the current rate set at 0.50 cent per kilogram of honey. The proposed amendment seeks to increase this rate to 0.75 cents per kilogram, effective from 1 September 1989. This rate adjustment is subject to the Governor-General's approval, taking into account any recommendations from the AHB, which in turn must consider the input from the Federal Council of Australian Apiarists’ Associations (FCAAA) and the Honey Packers Association of Australia (HPAA).
The obligations imposed by the Act on the various parties include a structured process for recommending and approving changes to the charge rate. The AHB must consult with the FCAAA and HPAA before making a recommendation to the Minister. Additionally, the AHB is restricted to recommending a rate that does not exceed the rate agreed upon by either the FCAAA or HPAA, as specified in section 7(2B) of the Act. Both the FCAAA and HPAA have concurred with the AHB’s proposal to increase the charge rate from 0.50 to 0.75 cents per kilogram of honey, thereby fulfilling their respective obligations under the Act.
In terms of penalties and consequences for breaches, the Act does not explicitly state specific penalties for non-compliance with the charge rates or the procedural obligations. However, it is implied that failure to adhere to the prescribed regulatory process could lead to legal challenges or disputes regarding the validity of the charge rates. Furthermore, any non-compliance with the export charge requirements might result in financial liabilities for the exporters, as the charge is a mandatory component of the export process. Although the Act does not detail maximum penalties, the regulatory framework suggests that the consequences of non-compliance are primarily financial and procedural rather than penal in nature.