EXPLANATORY STATEMENT
STATUTORY RULES 1987 No.107
Issued by the Authority of the Minister for Primary Industry
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 sections 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)(b) of the Act is by virute of the Rural Industries Research Act 1985 designated for research funding.
Under paragraph 7(1)(b) of the Act, the rate of levy for research purposes may be varied, by regulation, from 0.25 cents up to a maximum of 0.5 cents per kilogram of honey. The present prescribed rate is 0.35 cents.
Sub-section 7(3) of the Act provides that before making regulations for the purposes of paragraph 7(1)(b) the Governor-General shall take into consideration any recommendation made to the Minister by the Honey Research Council or by the producers’ organisation.
Both the Honey Research Council and the Federal Council of Australian Apiarists’ Associations, the producers’ organisation, have recommended to the Minister an increase in the operative rate of levy for research purposes from 0.35 cent to 0.40 cent per kilogram of honey.
The recommendation is in accordance with the Government’s objective of encouraging rural industries to increase their contributions for research.
The purpose of the proposed Regulations is to increase the rate of export charge, for research purposes, to 0.40 cent per kilogram of honey. The increase is to come into effect from 1 July 1987.
Overview
The Honey Export Charge (Rate of Charge) Regulations (Amendment) 1987 were enacted to amend the rate of the charge imposed on honey exported from Australia under the Honey Export Charge Act 1973. This legislation was introduced to address the need for adjustments in the research funding component of the export charge, which is designated for funding research through the Rural Industries Research Act 1985. The Act allows for the variation of the research levy rate from 0.25 cents up to a maximum of 0.5 cents per kilogram of honey, with the current rate being 0.35 cents. The proposed amendment, prompted by recommendations from the Honey Research Council and the Federal Council of Australian Apiarists’ Associations, aims to increase the research levy rate to 0.40 cents per kilogram, effective from 1 July 1987, aligning with the government's policy objective of encouraging increased rural industry contributions to research. The enacting body for these regulations is the Governor-General, acting on the advice of the Minister for Primary Industry.
Scope and Application
The Honey Export Charge (Rate of Charge) Regulations (Amendment) Statutory Rules 1987 No.107, issued under the authority of the Minister for Primary Industry, pertain to the modification of the Honey Export Charge Act 1973. This Act imposes a charge on honey exported from Australia, with a specific focus on a research funding component. The legislation applies to any entity involved in the export of honey from Australia and seeks to enhance the contribution of the rural sector towards research initiatives. The geographic scope of the Act is nationwide, applying across the Commonwealth of Australia. The Act does not specify any exclusions or exemptions, and its application extends to all honey exports without regard to volume or value thresholds. Any further specification or restriction of the Act's application is achieved through subordinate instruments such as the proposed regulations, which are subject to recommendations from the Honey Research Council and the Federal Council of Australian Apiarists’ Associations. These recommendations are critical for the Governor-General in determining the appropriate rate of the export charge for research purposes.
Key Provisions
The main provisions of the Honey Export Charge (Rate of Charge) Regulations (Amendment) concern the modification of the rate of export charge on honey exported from Australia, specifically the component designated for research funding as outlined in section 7(1)(b) of the Honey Export Charge Act 1973. Currently, the rate is set at 0.35 cents per kilogram of honey, but the proposed amendment would increase this rate to 0.40 cents per kilogram, effective from 1 July 1987. This change is made in accordance with recommendations from the Honey Research Council and the Federal Council of Australian Apiarists’ Associations, the producers' organisation.
In terms of obligations and requirements, the Act mandates that the Governor-General consider any recommendations made by the Honey Research Council or the producers’ organisation before varying the rate of the export charge for research purposes. This ensures that the decision is informed by those with direct interest and expertise in the field. The Act also requires the Governor-General to take these recommendations into account, which has been done in proposing this amendment.
The legislation does not explicitly outline specific offences or penalties for non-compliance with these regulations. However, as these regulations pertain to an export charge, non-compliance could potentially result in legal and financial repercussions for the entities involved, including the possibility of fines or other penalties as outlined in the overarching Honey Export Charge Act 1973. The maximum penalties for breaches of the Act are not specified within these regulations but would be governed by the primary Act and any relevant administrative or judicial processes.