EXPLANATORY STATEMENT
STATUTORY RULES 1988 No. 253
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)(b) of the Act is, by virtue of the Rural Industries Research Act 1985, designated for research funding.
Under paragraph 7(1)(b) of the Act, the rate of charge for research purposes may be varied, by regulation, from 0.25 cents up to a maximum of 0.5 cent per kilogram of honey. The present prescribed rate is 0.40 cent.
Subsection 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 charge for research purposes from 0.40 cent to 0.45 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 charge, for research purposes, to 0.45 cent per kilogram of honey. The increase is to come into effect from 1 November 1988.
Overview
The Honey Export Charge (Rate of Charge) Regulations (Amendment) 1988 was 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 increased funding for research within the honey industry, aligning with the government’s objective of encouraging rural industries to enhance their contributions towards research activities. The policy objective of this amendment is to increase the rate of charge for research purposes from 0.40 cents to 0.45 cents per kilogram of honey, effective from 1 November 1988. This adjustment was recommended by both the Honey Research Council and the Federal Council of Australian Apiarists’ Associations, the producers' organisation, and was made pursuant to the authority granted under the Honey Export Charge Act 1973.
Scope and Application
The Honey Export Charge Act 1973 applies to all honey that is exported from Australia, targeting the honey industry and its producers. This Act is a Commonwealth statute, thus it has jurisdiction over the entire nation. The Act imposes a charge on the export of honey, which is split into two components, with one specifically designated for research funding. The Act mandates that the Governor-General must consider any recommendations from the Honey Research Council or the producers’ organisation when determining the rate of charge for research purposes. Currently, the charge for research purposes is set at 0.40 cents per kilogram of honey, but the Act allows for this rate to be varied from 0.25 cents up to a maximum of 0.5 cents per kilogram. Both the Honey Research Council and the Federal Council of Australian Apiarists’ Associations, as the producers’ organisation, have recommended an increase in the research charge rate to 0.45 cents per kilogram. This recommendation aligns with the government's objective of encouraging rural industries to contribute more towards research funding. The proposed regulations aim to increase the research charge rate to 0.45 cents per kilogram, effective from 1 November 1988.
Key Provisions
The Honey Export Charge (Rate of Charge) Regulations (Amendment) primarily modify the rate of the charge levied on honey exported from Australia for research purposes. This amendment is made pursuant to section 9 of the Honey Export Charge Act 1973, which allows the Governor-General to create regulations concerning the charge outlined in sections 6 and 7 of the Act. Section 7(1)(b) specifies that the charge for research purposes can vary between 0.25 cents and 0.5 cents per kilogram of honey, with the current rate set at 0.40 cents. This amendment proposes to increase this rate to 0.45 cents per kilogram, aligning with recommendations from the Honey Research Council and the Federal Council of Australian Apiarists’ Associations, which advocate for higher contributions towards research funding.
In terms of obligations and requirements, the Act mandates that the Governor-General must consider recommendations from the Honey Research Council and the producers’ organisation before making any regulatory changes. Both bodies have recommended increasing the research charge to 0.45 cents per kilogram, reflecting the Government’s objective of enhancing contributions to rural industry research. This process ensures that the regulatory adjustments are informed by stakeholder input and aligned with national policy goals. Compliance with these recommendations is thus a prerequisite for the proposed amendments to be enacted.
Should the amended regulations come into effect, any breach of the new charge rate could result in legal consequences. While the specific penalties for non-compliance are not detailed in the provided text, it is reasonable to infer that penalties could include fines or other enforcement actions, as is common with statutory regulations. The maximum penalties for such breaches would likely be determined by the relevant legislative framework governing the enforcement of export charges and research funding regulations. Practitioners should be aware of these potential consequences when advising clients involved in the export of honey from Australia.