EXPLANATORY STATEMENT
STATUTORY RULES 1989 No. 310
Issued by the Authority of the Minister for Primary Industries and Energy
HONEY EXPORT CHARGE ACT 1973
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 cent up to a maximum of 0.5 cent per kilogram of honey. The present prescribed rate is 0.45 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.
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 0.45 cent to 0.47 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 0.47 cent per kilogram of honey. The increase is to come into effect from 1 January 1990.
Overview
The Honey Export Charge (Rate of Charge) Regulations (Amendment) 1989, issued under the authority of the Minister for Primary Industries and Energy, amends the rate of charge prescribed under the Honey Export Charge Act 1973. This Act, enacted in 1973, addresses the need to impose a charge on honey exported from Australia, with a portion of this charge designated for research funding, as per the Rural Industries Research Act 1985. The Act allows for the rate of the research component to vary between 0.25 cent and 0.5 cent per kilogram of honey, with the current rate set at 0.45 cent. The proposed amendment increases this rate to 0.47 cent per kilogram, effective from 1 January 1990, following a recommendation from the Federal Council of Australian Apiarists’ Associations, a producers’ organisation, and in line with the government's goal of encouraging rural industries to increase their contributions to research.
Scope and Application
The Honey Export Charge Act 1973 applies to the export of honey from Australia, imposing a charge on such exports for research purposes. The Act specifically targets honey exporters, requiring them to pay a charge per kilogram of honey exported. This charge is split into two components, one of which is allocated for research funding in accordance with the Rural Industries Research Act 1985. The Act’s scope extends to the Commonwealth level and affects all entities involved in the export of honey from Australia. The regulatory framework of the Act allows for the variation of the research charge rate, which currently stands at 0.45 cent per kilogram of honey. Any changes to this rate must be recommended by the Honey Research Council or the producers’ organisation, and considered by the Governor-General before implementation. The proposed amendment to the Honey Export Charge (Rate of Charge) Regulations seeks to increase this rate to 0.47 cent per kilogram of honey, effective from 1 January 1990, in line with the government’s aim to encourage greater industry contributions to research.
Key Provisions
The main operative sections of the Honey Export Charge (Rate of Charge) Regulations (Amendment) concern the rate of charge for honey exported from Australia, specifically for research purposes. Section 7(1)(b) of the Honey Export Charge Act 1973 allows for the rate of charge for research to be varied between 0.25 cent and 0.5 cent per kilogram of honey. The existing rate, as per the current regulations, is set at 0.45 cent per kilogram. The proposed amendment seeks to increase this rate to 0.47 cent per kilogram, effective from 1 January 1990.
Under the amended regulations, any person or entity exporting honey from Australia must comply with the new rate of charge for research purposes. This includes beekeepers, honey producers, and exporters who must ensure that the appropriate charge is applied to their exports. The new rate will be incorporated into the overall export charge for honey, with the additional funds collected designated for research initiatives as outlined in the Rural Industries Research Act 1985.
In terms of obligations, the Act imposes a requirement on the Governor-General to consider any recommendations made by the Honey Research Council or the Federal Council of Australian Apiarists’ Associations, the producers’ organisation, before making regulations regarding the research charge rate. The current recommendation from the Federal Council of Australian Apiarists’ Associations, as the producers’ organisation, is to increase the rate to 0.47 cent per kilogram to align with the government’s objective of increasing rural industry contributions to research.
Failure to comply with the new charge rate could result in civil or criminal consequences. While specific penalties are not detailed in the provided text, under the original Honey Export Charge Act 1973, non-compliance with export charge regulations could lead to fines or other legal actions. The maximum penalties would typically depend on the severity and frequency of the breach, but could potentially include fines or legal proceedings to recover unpaid charges.