EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 242
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 prescribing a rate of charge for the purposes of section 7 of the Act.
The Act imposes a charge on honey that is exported from Australia.
Paragraph 5(1)(a) of the Honey Research Act 1980 provides that amounts equal to the amounts received by the Commonwealth as export charge by virtue of paragraph 7(1)(b) of the Honey Export Charge Act 1973 are to be appropriated to the Honey Research Trust Account.
Sub-section 7(3) of the Honey Export Charge Act provides that regulations may vary the rate of charge from time to time up to a maximum of 0.5 cent per kilogram of honey and that before making, amending or repealing such regulations the Governor-General shall take into consideration any recommendation made to the Minister by the Honey Research Committee or by the producers’ organisation.
Both the Honey Research Committee 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 0.25 cent to 0.35 cent per kilogram of honey.
Overview
The Honey Export Charge (Rate of Charge) Regulations (Amendment) was enacted in 1985 by the authority of the Minister for Primary Industry to amend the rate of charge for the export of honey from Australia under the Honey Export Charge Act 1973. This legislation addresses the need to adjust the export charge rate to support honey research, as outlined in the Honey Research Act 1980. The policy objective of these regulations is to increase the charge from 0.25 cent to 0.35 cent per kilogram of honey, as recommended by the Honey Research Committee and the Federal Council of Australian Apiarists’ Associations, the producers’ organisation. This adjustment aims to ensure adequate funding is available for honey research initiatives, facilitating advancements in apiculture and supporting the honey industry's growth and sustainability.
Scope and Application
The Honey Export Charge (Rate of Charge) Regulations (Amendment) pertains to the Honey Export Charge Act 1973, which imposes a charge on honey exported from Australia. This Act applies to all honey exported from Australian territory and regulates the financial contributions made by honey exporters towards research and development within the beekeeping industry. The legislative scope is specifically targeted at the honey export industry, ensuring that a portion of the export revenue is directed towards supporting research initiatives that benefit the industry. The Act also applies to the Honey Research Trust Account as stipulated in the Honey Research Act 1980, where the export charge funds are allocated. The amendment allows the Governor-General to adjust the rate of the charge, up to a maximum of 0.5 cent per kilogram of honey, based on recommendations from the Honey Research Committee and the Federal Council of Australian Apiarists’ Associations. This process ensures that the charge is periodically reviewed and adjusted to reflect the current needs and priorities of the industry, with the objective of fostering research and development that enhances the competitiveness and sustainability of Australian honey exports.
Key Provisions
The primary sections of the Honey Export Charge (Rate of Charge) Regulations (Amendment) involve the modification of the rate of charge for honey exports under the Honey Export Charge Act 1973. Specifically, section 7(3) of the Act allows the Governor-General to make regulations that alter the rate of charge, up to a maximum of 0.5 cent per kilogram of honey. This amendment follows recommendations from the Honey Research Committee and the Federal Council of Australian Apiarists’ Associations, the producers’ organisation, who suggested raising the charge from 0.25 cent to 0.35 cent per kilogram.
The obligations imposed by these regulations are primarily on the entities responsible for exporting honey from Australia. They must now comply with the new charge rate of 0.35 cent per kilogram, as set forth in the amended regulations. This charge will be collected as per section 7 of the Act and will be appropriated to the Honey Research Trust Account as per paragraph 5(1)(a) of the Honey Research Act 1980. It is essential for exporters to be aware of and adhere to these new charges to ensure compliance with the legislation.
Breaching these regulations can lead to several consequences. The Honey Export Charge Act 1973 does not specify particular offences or penalties for non-compliance with the charge rate. However, failure to pay the correct amount of export charge could be considered an act of non-compliance with the Act. In general, non-compliance with Australian legislative requirements can result in civil or criminal penalties, depending on the severity and intent behind the breach. For instance, penalties could include fines, legal action, or other enforcement measures to ensure compliance. The specific penalties would depend on the nature of the breach and any additional relevant legislation that might apply.