Honey Export Charge (Rate of Charge) Regulations

Overview

The Honey Export Charge (Rate of Charge) Regulations 1978 were made under the authority of the Honey Export Charge Act 1973 to establish a specific rate for the levy on honey exported from Australia. Enacted by the Governor-General with advice from the Federal Executive Council and following recommendations from the Australian Honey Board, these regulations address the need for a consistent and regulated charge on honey exports. This regulatory framework was designed to ensure a fair and predetermined rate of charge, supporting the objectives outlined in the primary Act and maintaining the economic integrity of the honey export industry. The policy objective behind these regulations is to provide a structured method for imposing a charge on honey exports, thereby supporting industry stakeholders and contributing to the financial management of export activities.

Scope and Application

The Honey Export Charge (Rate of Charge) Regulations, made under the Honey Export Charge Act 1973, apply to all persons and entities engaged in the export of honey from Australia. The Act imposes a charge on the export of honey, which is regulated by these specific regulations that set the rate of the levy. This rate is prescribed to be 0.5 of a cent per kilogram of honey, which applies to all honey exported from Australia, irrespective of the destination. The geographic reach of the Act is national, as it pertains to the Commonwealth of Australia and applies uniformly across all states and territories. These regulations do not explicitly outline exclusions, exemptions, or thresholds other than the specified rate of charge. The application of the Act and its regulations can be further defined and extended through subordinate instruments, which may include additional specifications or modifications to the charge rates or conditions of applicability.

Key Provisions

The Honey Export Charge (Rate of Charge) Regulations 1978, made under the Honey Export Charge Act 1973, establish the rate of levy applicable to the export of honey from Australia. According to section 3 of these regulations, the levy is set at 0.5 of a cent per kilogram of honey exported. This rate is intended to align with the provisions of section 7 of the primary Act, which allows for the imposition of a charge on the export of honey to facilitate the funding of industry development and market promotion activities (section 7(1)). The regulations are designed to provide clarity and consistency in the application of the levy, ensuring that all parties involved in the export of honey are aware of and comply with the prescribed charge (section 7(2)). Under these regulations, the obligations imposed on the parties involved are primarily focused on compliance with the specified rate of levy. Exporters of honey are required to ensure that the appropriate charge is applied to their exports, in accordance with the rate stipulated in section 3 (section 7(3)). This includes the duty to accurately calculate the levy based on the weight of the honey being exported and to remit the charge to the relevant authority, as prescribed by the Act and these regulations (section 7(4)). Failure to comply with these obligations may result in non-compliance with the Act and the potential for enforcement action. The Act and these regulations also establish specific consequences for breaches. According to section 9 of the Honey Export Charge Act 1973, any person who fails to pay the charge prescribed under these regulations is liable to a penalty. The penalty for non-compliance is set at 20 penalty units, which equates to a monetary fine. This amount is subject to change in line with legislative amendments or updates to the penalty unit value (section 9(1)). Additionally, under section 10 of the primary Act, any person who knowingly or recklessly makes a false statement or representation in connection with the export of honey may be liable to a penalty of up to 100 penalty units or imprisonment for a term of up to two years, or both (section 10(1)). These provisions underscore the importance of compliance with the Act and the associated regulations for all parties involved in the export of honey from Australia.