Honey Export Charge (Rate of Charge) Regulations (Amendment)

Overview

The Honey Export Charge (Rate of Charge) Regulations (Amendment) 1991 No. 407, issued under the authority of the Minister of State for Primary Industries and Energy, amends the Honey Export Charge (Rate of Charge) Regulations made under the Honey Export Charge Act 1973. This Act was enacted to impose a charge on honey exported from Australia, with part of the charge designated for funding research and development. The primary objective of this legislative amendment is to adjust the rate of charge for research and development purposes, responding to recommendations from relevant stakeholders, such as the Federal Council of Australian Apiarists' Associations, which proposed an increase from 0.50 cents to 0.52 cents per kilogram of honey. This change aligns with the government’s policy objective of encouraging rural industries to enhance their contributions towards research and development activities.

Scope and Application

The Honey Export Charge (Rate of Charge) Regulations (Amendment) 1991 No. 407 pertains to the application and scope of the Honey Export Charge Act 1973. This Act applies to any person or entity engaged in the export of honey from Australia. It specifies that the export of honey is subject to a charge, which is divided into two components, one of which is designated for research and development funding under the Primary Industries and Energy Research and Development Act 1989. The Act's jurisdiction extends to the entire Commonwealth of Australia. The charge for research and development purposes can be varied between 0.25 cent and 0.75 cent per kilogram of honey, with the current rate being set at 0.50 cent. Before any changes to this rate are made, the Governor-General must consider recommendations from the Honeybee Research and Development Council or the producers' organisation. In this case, the Federal Council of Australian Apiarists' Associations, as the producers' organisation, has recommended an increase to 0.52 cent per kilogram, aligning with the government's aim of increasing contributions from rural industries towards research and development.

Key Provisions

The main operative sections of the Honey Export Charge (Rate of Charge) Regulations (Amendment) 1991 (No. 407) pertain to the adjustment of the charge rate for honey exports for research and development purposes, as stipulated under section 9 of the Honey Export Charge Act 1973. Specifically, section 7(1)(b) of the Act allows for the variation of the charge rate, which can be altered from 0.25 cent to a maximum of 0.75 cent per kilogram of honey. Currently, the prescribed rate stands at 0.50 cent per kilogram, but the proposed amendment seeks to increase this rate to 0.52 cent per kilogram, as recommended by the Federal Council of Australian Apiarists' Associations, the producers' organisation. This amendment aligns with the government's goal of increasing contributions from rural industries for research and development. The regulations impose obligations on the parties involved, particularly the producers and the Honeybee Research and Development Council. The producers' organisation is tasked with making recommendations to the Minister regarding the appropriate rate of charge. These recommendations must consider the needs and impacts on the honey industry, ensuring that the proposed changes are both practical and beneficial. The Minister, in turn, is required to take these recommendations into account before making any regulatory changes. This process ensures a collaborative approach to adjusting the export charge, balancing industry input with government objectives. In the event of non-compliance with the provisions of the Act, there are potential civil and criminal consequences. While the specific regulations do not outline penalties for non-compliance, general principles under the Honey Export Charge Act 1973 may apply. Offences related to the Act can result in fines or imprisonment, as is common with many regulatory frameworks. The exact penalties would depend on the nature and severity of the breach, but they serve as a deterrent to non-compliance and ensure that the regulatory objectives are met. The amendment to the export charge rate from 0.50 cent to 0.52 cent per kilogram of honey is a minor adjustment aimed at supporting research and development within the honey industry. The process for making this change involves recommendations from the producers' organisation, consideration by the Minister, and the subsequent issuance of regulations by the Governor-General. This structured approach ensures that any changes to the export charge are well-considered and aligned with industry needs and government objectives.