Honey Export Charge (Rate of Charge) Regulations (Amendment) 1993 No. 334
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 334
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 GovernorGeneral 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 which by virtue of paragraph 5(1)(a) of the Primary Industries and Energy Research and Development Act 1989, is designated for research and development funding.
Under subsection 7(1) of the Act, the rate of charge for research and development purposes may be varied by regulation, from 0.25 cent up to a maximum of 0.75 cent per kilogram of honey. The present prescribed rate is 0.52 cent.
Subsection 7(3) of the Act provides that before making regulations for the purposes of subsection 7(1) the Governor-General shall take into consideration any recommendation made to the Minister by the Honeybee Research and Development Council or by the producers' organisation.
The Federal Council of Australian Apiarists' Associations, the producers' organisation, has recommended to the Minister a three staged increase in the operative rate of the charge, from 0.52 cent to 0.57 cent per kilogram of honey exported effective from 1 January 1994; from 0.57 cent to 0.61 cent per kilogram of honey exported effective from 1 January 1995; and, from 0.61 cent to 0.65 cent per kilogram of honey exported effective from 1 January 1996.
The recommendation is in accordance with the Government's objective of encouraging rural industries to increase their contributions for research and development.
The Honey Legislation (Repeal and Amendment) Act 1992 (the amending Act) among other things, repealed paragraph 7(1)(a), the marketing component of the Act.
The proposed Regulations amend the Honey Export Charge (Rate of Charge) Regulations by omitting Regulation 3A which became superfluous following promulgation of the amending Act, and amends regulation 4 increasing the rate of export charge for research and development purposes to 0.57 cent per kilogram of honey exported effective from 1 January 1994; to 0.61 cent per kilogram of honey exported effective from 1 January 1995; and, to 0.65 cent per kilogram of honey exported effective from 1 January 1996.
Overview
The Honey Export Charge (Rate of Charge) Regulations (Amendment) 1993 No. 334 were enacted to amend the existing regulations concerning the rate of charge on honey exported from Australia. This amendment was issued under the authority of the Minister for Primary Industries and Energy and is aligned with the provisions of the Honey Export Charge Act 1973. The primary aim of this legislation is to adjust the export charge for honey designated for research and development funding. The Act imposes a charge on honey exported from Australia, which is designated for research and development funding. The current regulation allows for the rate of this charge to be varied between 0.25 cent and 0.75 cent per kilogram of honey, with the existing rate set at 0.52 cent per kilogram. The amendment follows a recommendation by the Federal Council of Australian Apiarists' Associations, the producers' organisation, to increase the export charge in three stages, aligning with the government's objective to encourage rural industries to contribute more towards research and development. This amendment ensures that the export charge is updated in accordance with these recommendations.
Scope and Application
The Honey Export Charge (Rate of Charge) Regulations (Amendment) 1993 applies to the charge imposed on honey exported from Australia, specifically the rate of charge for research and development purposes. The Act applies to honey producers and exporters who export honey that is designated for research and development funding. The application is limited to the geographical jurisdiction of Australia. The proposed regulations amend the Honey Export Charge (Rate of Charge) Regulations by increasing the rate of export charge for research and development purposes. The rate of charge will be increased from 0.52 cent to 0.57 cent per kilogram of honey exported effective from 1 January 1994; from 0.57 cent to 0.61 cent per kilogram of honey exported effective from 1 January 1995; and, from 0.61 cent to 0.65 cent per kilogram of honey exported effective from 1 January 1996. The amendment is in accordance with the Government's objective of encouraging rural industries to increase their contributions for research and development. The Federal Council of Australian Apiarists' Associations, the producers' organisation, has recommended to the Minister a three staged increase in the operative rate of the charge.
Key Provisions
The Honey Export Charge (Rate of Charge) Regulations (Amendment) 1993, made under the authority of the Minister for Primary Industries and Energy, amend the existing regulations to adjust the charge imposed on honey exports for research and development purposes. According to section 9 of the Honey Export Charge Act 1973 (the Act), the Governor-General may create regulations for the purposes outlined in sections 6 and 7 of the Act. Under subsection 7(1) of the Act, the charge rate for research and development purposes can vary from 0.25 to 0.75 cents per kilogram of honey, with the current rate being 0.52 cents. The new regulations increase this rate, aligning with the recommendations made by the Federal Council of Australian Apiarists' Associations, the producers' organisation, and in line with the government's goal of increasing industry contributions to research and development.
These regulations impose obligations on parties exporting honey from Australia, particularly those exporting honey designated for research and development funding. The new rates apply from 1 January 1994 onwards, increasing incrementally to 0.57 cents per kilogram in 1994, 0.61 cents in 1995, and 0.65 cents in 1996. Producers must adjust their pricing and financial planning to account for these increased charges, ensuring compliance with the updated regulations. The regulations also mandate that the Governor-General consider recommendations from the Honeybee Research and Development Council or producers' organisations before making any changes to the charge rate, ensuring a collaborative approach to policy adjustments.
In terms of enforcement and compliance, the Act does not explicitly outline offences or penalties for non-compliance with the charge rates. However, failure to comply with the amended regulations could potentially lead to civil or administrative consequences, as the charge is a statutory requirement tied to the export of designated honey. The Act's focus on research and development funding implies that any breach might affect the funding available for honey research and development, which could indirectly impact the industry. The precise penalties or consequences for non-compliance would depend on subsequent legislation or administrative decisions, but the intent is to ensure that the increased charge rates are adhered to for the intended purpose of supporting research and development in the honey industry.