Honey Export Control (Licences) Regulations (Amendment)

Legislation au C1967L00031 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1967 No. 

 

REGULATIONS UNDER THE HONEY INDUSTRY ACT 1962-1966*

WHEREAS by sub-section (1.) of section 22 of the Honey Industry Act 1962-1966 it is enacted that the regulations may prohibit the export from Australia of honey by a person other than the Australian Honey Board unless—

(a) the person holds a licence to export honey issued, on the recommendation of the Australian Honey Board, by the Minister or by a person authorized by the Minister;

(b) the Australian Honey Board has issued a permit to the person to export the honey and any conditions contained in the permit are complied with; and

(c) the export is in accordance with such conditions and restrictions as are prescribed:

And whereas by sub-section (2.) of section 22 of the Honey Industry Act 1962-1966 it is enacted that regulations prescribing conditions or restrictions for the purposes of paragraph (c) of sub-section (1.) of section 22 of the Honey Industry Act 1962-1966 shall not be made unless the conditions or restrictions, as the case may be, have been recommended to the Minister by the Australian Honey Board:

And whereas the Australian Honey Board has recommended to the Minister that the conditions and restrictions applying to the export from Australia of honey should be the conditions and restrictions set forth in the Honey Export Control (Licences) Regulations as amended in the manner set forth in the following Regulations:

Now therefore I, the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Honey Industry Act 1962-1966.

Dated this sixteenth day of March, 1967.

CASEY

Governor-General.

By His Excellencys Command,

Minister of State for Primary Industry.

 

Amendments of the Honey Export Control (Licences) Regulations†

Interpretation.

1. Regulation 3 of the Honey Export Control (Licences) Regulations is amended—

(a) by inserting after the definition of authorized person the following definition:—

“‘authorized price’, in relation to a sale of honey, means the minimum price for that sale—

(a) determined under regulation 10a of these Regulations; or

(b) calculated in accordance with such determination under that regulation as is applicable to the sale,

 

* Notified in the Commonwealth Gazette on    1967.

† Statutory Rules 1964, No. 10.

1754/67.—Price 8c.         9/20.2.1967


as the case may be, or where the price so determined or calculated is expressed in a currency other than that in which the sale is made, the equivalent of that price expressed in the currency in which the sale is made according to the rate of exchange applicable at the time of sale;”; and

(b) by inserting after the definition of “licensee” the following definition:—

“‘overseas’ means a place outside Australia;”.

2. Regulation 10 of the Honey Export Control (Licences) Regulations is repealed and the following Regulations are inserted in its stead:—

Conditions and restrictions.

“10. A licensee shall not export honey unless—

(a) if the Board so requires—any purchaser, agent or representative to or through whom the honey is shipped is approved by the Board for the purposes of these Regulations;

(b) the honey is insured with a person approved by the Board;

(c) the honey—

(i) has been sold before export upon terms and conditions approved by the Board; or

(ii) is, with the approval of the Board, exported on consignment and the consignment is upon terms and conditions approved by the Board;

(d) the export of the honey is in accordance with any directions of the Board with respect to the quantities of honey that may be exported by the licensee either generally or to particular places; and

(e) the licensee has, if so required by the Board or an authorized person, given, in respect of the export by him of honey, an undertaking to the satisfaction of the Board that he will not, without the consent of the Board—

(i) sell overseas any honey to which the undertaking applies at a price less than the authorized price;

(ii) enter into a contract or agreement or a variation of a contract or agreement whereby a person is enabled, authorized or permitted to sell overseas any honey to which the undertaking applies at a price less than the authorized price;

(iii) give an authority, licence, consent or approval to a person to sell overseas any honey to which the undertaking applies at a price less than the authorized price;

(iv) facilitate, counsel, procure or encourage the sale overseas of any honey to which the undertaking applies at a price less than the authorized price;

(v) give or allow, or promise or agree to give or allow, in relation to the sale of any honey to which the undertaking applies any brokerage, rebate, discount, commission, allowance, option or benefit, whether in money, money’s worth, credit, goods or otherwise, that is not provided for in the terms and conditions upon which the honey has been sold before export, or is consigned; or

(vi) fail or omit to take all reasonable and proper steps to ensure that his agents or representatives do not sell overseas any honey to which the undertaking applies at a price less than the authorized price.


Determination of minimum prices.

“10A.—(1.) For the purposes of these Regulations, the Board or an authorized person may, from time to time, determine, or determine the manner of calculation of, minimum prices for the sale of honey to be exported or for the sale overseas of exported honey.

“(2.) A determination under this regulation may make different provisions with respect to honey exported or to be exported to different countries.”.

Furnishing of information on demand.

3. Regulation 11 of the Honey Export Control (Licences) Regulations is amended by omitting the words “Fifty pounds” and inserting in their stead the words “One hundred dollars”.

False information.

4. Regulation 14 of the Honey Export Control (Licences) Regulations is amended by omitting the words “Fifty pounds” and inserting in their stead the words “One hundred dollars”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Honey Export Control (Licences) Regulations 1967 were introduced to address the need for stringent oversight and regulation of honey exports from Australia, ensuring compliance with national standards and protecting the interests of stakeholders in the honey industry. Enacted under the authority of the Honey Industry Act 1962-1966 by the Governor-General, these regulations were made in response to recommendations from the Australian Honey Board, aiming to establish a framework that would prevent the undercutting of market prices and maintain the integrity of honey exports. The primary objective of these regulations is to enforce licensing requirements for honey exporters, mandate the approval of sales terms and conditions, and establish mechanisms for determining and enforcing minimum export prices for honey.

Scope and Application

The Honey Industry Act 1962-1966, as amended by the Honey Export Control (Licences) Regulations, governs the export of honey from Australia by imposing conditions and restrictions on such exports. The Act applies to any person or entity wishing to export honey from Australia, other than the Australian Honey Board, unless they hold a licence or permit issued by the Minister or an authorised person on the recommendation of the Australian Honey Board. The Act has a national reach, applying to exports from all states and territories in Australia. The Act does not apply to the Australian Honey Board itself, which has a statutory role in overseeing the export of honey from Australia. The Act can be extended or modified through subordinate instruments, such as the Honey Export Control (Licences) Regulations, which were amended to set out specific conditions and restrictions for the export of honey, including the imposition of minimum prices for the sale of honey overseas. The Honey Export Control (Licences) Regulations further elaborate on the application of the Act by specifying the conditions that must be met for the export of honey from Australia. These conditions include the approval of purchasers, agents or representatives involved in the export, the insurance of the honey with an approved insurer, and the sale or consignment of the honey in accordance with terms and conditions approved by the Australian Honey Board. The Regulations also impose restrictions on the sale of honey overseas by licensees, including the prohibition of sales at prices below the authorised price and the provision of various forms of benefits or incentives that are not provided for in the approved terms and conditions. The Regulations have a national reach, applying to exports from all states and territories in Australia. The Regulations do not contain any explicit exclusions or exemptions, although the application of the Act and Regulations may be affected by other legislation or international agreements.

Key Provisions

The main operative sections of these regulations concern the control of honey exports from Australia. Under section 22 of the Honey Industry Act 1962-1966, the regulations prohibit the export of honey by any person other than the Australian Honey Board unless certain conditions are met. These include the need for an export licence issued by the Minister or an authorized person, a permit from the Australian Honey Board, and compliance with any prescribed conditions or restrictions (section 22(1)). The regulations also specify that any conditions or restrictions must be recommended by the Australian Honey Board (section 22(2)). Furthermore, section 10 of the regulations sets out detailed conditions and restrictions that licensees must adhere to when exporting honey, such as obtaining approval for purchasers, agents, or representatives, insuring the honey, selling it on terms approved by the Board, and complying with any directions regarding export quantities (section 10). The regulations also empower the Board to determine minimum prices for exported honey and require licensees to provide information to the Board on demand (section 10A). Additionally, they mandate the furnishing of information on demand and prescribe penalties for providing false information. These regulations impose several obligations on parties involved in the export of honey. Licensees must obtain any necessary approvals and permits before exporting honey and ensure compliance with the Board's directions and conditions. They must also adhere to the specified minimum prices for the sale of honey, obtain appropriate insurance, and provide the required information to the Board. Furthermore, licensees must ensure that their agents and representatives comply with the regulations, including the minimum price requirements. The Australian Honey Board has the responsibility of recommending conditions and restrictions, determining minimum prices, and ensuring that all parties involved in the export process comply with the regulations. Breach of these regulations can lead to various civil and criminal consequences. Providing false information to the Board is an offence, punishable by a fine of up to one hundred dollars (section 14). The regulations also specify that any person who contravenes the provisions of these regulations may be subject to penalties, although the exact nature of these penalties is not detailed within the text provided. The penalties for non-compliance could include fines, revocation of export licences, or other enforcement actions as deemed necessary by the relevant authorities.

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