Honey Industry Amendment Act 1980

Legislation au C2004A02346 Not in force Act

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No. 145 of 1980

An Act to amend the Honey Industry Act 1962

[Assented to 19 September 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Honey Industry Amendment Act 1980.

(2) The Honey Industry Act 1962 is in this Act referred to as the Principal Act.

Commencement

2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Sections 6 and 7 shall come into operation on a date to be fixed by Proclamation.

Termination of office of member or deputy of member

3. Section 11 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-section:

“(3) If a member or the deputy of a member fails, without reasonable excuse, to comply with his obligations under section 11a, the Minister shall terminate his appointment.”.

4. After section 11 of the Principal Act the following sections are inserted:

Disclosure of interest by member, &c.

“11a. (1) A member, or the deputy of a member, who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board or the Executive Committee shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Board or of the Committee, as the case requires.

“(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Board or of the Executive Committee, as the case requires.

Resignation of member or deputy of member

“11b. (1) A member may resign his office by writing signed by him and delivered to the Minister.

“(2) A person may resign his office as deputy of a member by writing signed by him and delivered to the member.

“(3) A member shall, as soon as practicable after the resignation of his deputy, give notice of the resignation to the Minister.”.

5. (1) Section 14 of the Principal Act is repealed and the following section substituted:

Remuneration, &c.

“14. (1) A member and a deputy of a member shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(2) A member and a deputy of a member shall be paid such allowances as are prescribed.

“(3) Sub-sections (1) and (2) have effect subject to the Remuneration Tribunals Act 1973.

“(4) If a member or a deputy of a member is also a member of, or a candidate for election to, the Parliament of the Commonwealth or of a State, he shall not be paid remuneration or allowances under sub-section (1) or (2) but shall, subject to the approval of the Minister, be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Board or of the Committee or of his engagement (whether in Australia or overseas), with the approval of the Board, on business of the Board.

“(5) A person invited by the Board or by the Committee to attend a meeting of the Board or of the Committee, as the case may be, may be paid in respect of that attendance such fees and allowances as are prescribed.”.

(2) Regulations in force at the commencement of this section for the purposes of section 14 of the Principal Act continue in force as if made for the purposes of section 14 of the Principal Act as amended by this Act.

Functions

6. Section 16 of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph:

“(a) to make recommendations to the Minister with respect to—

(i) the rate to be prescribed from time to time for the purposes of paragraph 7(1)(a) of the Honey Export Charge Act 1973;

(ii) the rate to be prescribed from time to time for the purposes of paragraph 5(1)(a) of the Honey Levy Act (No. 1) 1962; and

(iii) the rate to be prescribed from time to time for the purposes of paragraph 5(1)(a) of the Honey Levy Act (No. 2) 1962;”.

Moneys payable to Board out of Consolidated Revenue Fund

7. (1) Section 23 of the Principal Act is amended by omitting paragraphs (a) and (b) and substituting the following paragraphs:

“(a) so much of the amounts from time to time received by the Commonwealth as charge under the Honey Export Charge Act 1973 as is so received by virtue of paragraph 7(1)(a) of that Act;

(b) so much of the amounts from time to time received by the Commonwealth as levy under the Honey Levy Act (No. 1) 1962 as is so received by virtue of paragraph 5(1)(a) of that Act;

(c) so much of the amounts from time to time received by the Commonwealth as levy under the Honey Levy Act (No. 2) 1962 as is so received by virtue of paragraph 5(1)(a) of that Act;

(d) so much of the amounts from time to time received by the Commonwealth in discharge of the liability (other than a liability in respect of a penalty under sub-section 8(1) of the Honey Levy Collection Act 1962) of a person under sub-section 7(1) of that Act in respect of amounts payable by virtue of paragraph 5(1)(a) of the Honey Levy Act (No. 1) 1962 or of paragraph 5(1)(a) of the Honey Levy Act (No. 2) 1962;

(e) so much of the amounts (if any) received by the Commonwealth as penalties under section 6 of the Honey Export Charge Collection Act 1973 as relates to amounts referred to in paragraph (a) of this section; and

(f) so much of the amounts (if any) received by the Commonwealth and payable by way of penalty under section 8 of the Honey Levy Collection Act 1962 as relates to amounts referred to in paragraph (b), (c) or (d) of this section.”.

(2) Notwithstanding the amendment made by sub-section (1), the provisions of section 23 of the Principal Act continue to apply to—

(a) amounts of charge received by the Commonwealth on or after the date of commencement of this section under the Honey Export Charge Collection Act 1973, including amounts payable by way of penalty under section 6 of that Act, in respect of honey on which charge was imposed by the Honey Export Charge Act 1973 before that date; and

(b) amounts of levy received by the Commonwealth on or after that date under the Honey Levy Collection Act 1962, including amounts payable by way of penalty under section 8 of that Act, in respect of honey on which levy was imposed by the Honey Levy Act (No. 1) 1962 or the Honey Levy Act (No. 2) 1962 before that date.

Formal Amendments

8. The Principal Act is amended as set out in the Schedule.

SCHEDULE Section 8

FORMAL AMENDMENTS

Provision amended	Omit—	Substitute—
Sub-section 4(2)................	the last preceding sub-section.............	sub-section (1)
Sub-section 5(1) (definition of “Poll”).	sub-section (6) of section 7 of this Act	sub-section 7(6)
Sub-section 5(1) (definition of “the Committee”)	section twelve of this Act................	section 12
Paragraph 7(1)(a)...............	four ..............................	4
Sub-section 7(3)................	one person..........................	1 person
	one such member.....................	1 such member
	one state...........................	1 State
Sub-section 7(4)................	more than one.......................	more than 1
	the last preceding sub-section.............	sub-section (3)
	specify one.........................	specify 1
Sub-section 7(8)................	sub-section (10) of this section............	sub-section (10)
	three.............................	3
	the first day of July....................	1 July
Sub-section 7(9)................	the next succeeding sub-section............	sub-section (10)
Sub-section 7(9)................	three.............................	3
Paragraph 7a(2)(a)..............	two hundred........................	200
Paragraph 7a(3)(b)..............	two hundred........................	200
Sub-section 7a(4)...............	two hundred........................	200
Sub-section 8(2)................	one..............................	1
Sub-section 9(2)................	three.............................	3
Sub-section 9(5)................	one..............................	1
Sub-section 9(6)................	six...............................	6
Sub-section 11(2a)..............	two hundred........................	200
Paragraph 12(1)(b)..............	three.............................	3
	of whom at least one...................	of whom at least 1
	and at least one.......................	and at least 1
Sub-section 12(2)...............	one..............................	1
Paragraph 12(6)(a)..............	three.............................	3
Sub-section 12(9)...............	sub-section (1) of this section.............	sub-section (1)
Sub-section 13(2)...............	the last preceding sub-section.............	sub-section (1)
Sub-section 17(1)...............	the next succeeding sub-section............	sub-section (2)
Sub-section 17(2)...............	paragraphs (d) and (e) of the last preceding sub-section	paragraphs (1)(d) and (e)
Sub-section 18(2)...............	the last preceding sub-section.............	sub-section (1)
Sub-section 18(3)...............	sub-section (1) of this section.............	sub-section (1)
Sub-section 18(4)...............	sub-section (1) of this section.............	sub-section (1)
Sub-section 18(4)...............	the last preceding sub-section.............	sub-section (3)
Sub-section 18(5)...............	sub-section (1) of this section.............	sub-section (1)
Sub-section 20(3)...............	Public Service of the Commonwealth........	Australian Public Service
Paragraph 20(3)(b)..............	Public Service of the Commonwealth........	Australian Public Service
Sub-section 22(2)...............	paragraph (c) of the last preceding sub-section..	paragraph (1)(c)
Sub-section 22(4)...............	1901-1960..........................	1901
Sub-section 25(1)...............	the next succeeding sub-section............	sub-section (2)
Sub-section 25(2)...............	the last preceding sub-section.............	sub-section (1)
Sub-section 29(2)...............	two hundred dollars....................	$200
Sub-section 30(1)...............	thirtieth day of June...................	30 June
Sub-section 30(3)...............	fifteen............................	15
Section 31....................	1901-1960..........................	1901
	1905-1950..........................	1905
Section 32....................	One hundred dollars...................	$100

Overview

The Honey Industry Amendment Act 1980 is a legislative measure introduced to address certain gaps and issues in the existing Honey Industry Act 1962. Enacted by the Parliament of Australia, this amendment act seeks to update and refine the regulatory framework governing the honey industry, particularly in areas such as the appointment, remuneration, and obligations of members and deputies within the industry's governing bodies. The overarching policy objective is to ensure transparency, accountability, and efficient administration within the honey industry, thereby supporting its growth and sustainability. This Act introduces several key changes, including the revision of appointment termination criteria, the introduction of new disclosure requirements for members with pecuniary interests, the formalisation of resignation procedures, and adjustments to the remuneration and allowances for members and their deputies.

Scope and Application

The Honey Industry Amendment Act 1980 amends the Honey Industry Act 1962, affecting the administration and operation of the honey industry in Australia. The Act applies to members and deputies of the Honey Industry Commission, individuals who have a direct or indirect pecuniary interest in matters being considered by the Board or the Executive Committee, and those engaged in the production, processing, and export of honey within the Commonwealth of Australia. The Act's amendments extend to the remuneration and allowances of members and their deputies, the disclosure of interests, and the resignation processes. Additionally, the Act outlines the functions of the Commission, including making recommendations to the Minister regarding rates for export charges and levies, and details the sources of funds to be paid to the Board out of the Consolidated Revenue Fund. The amendments are designed to ensure proper governance and financial management within the industry. The Act operates on a national level, impacting all stakeholders involved in the honey industry across Australia. The provisions of the Act are further extended or restricted through subordinate instruments, such as regulations and proclamations, to provide more detailed guidelines and implementation schedules.

Key Provisions

The Honey Industry Amendment Act 1980 makes several changes to the Honey Industry Act 1962, introducing new requirements and obligations for members of the Board and their deputies. For instance, Section 3 requires the termination of a member's or deputy's appointment if they fail to comply with their obligations without reasonable excuse. Sections 11a and 11b establish new rules for the disclosure of interests and resignation procedures for members and their deputies. Under Section 11a, any member or deputy with a pecuniary interest in a matter being considered by the Board or the Executive Committee must disclose this interest as soon as possible. This disclosure must be recorded in the minutes of the relevant meeting. Section 11b outlines the process for resigning from the office of a member or a deputy, requiring the resignation to be in writing and signed by the person resigning. The Act also imposes new obligations on members and deputies in terms of remuneration and allowances, as outlined in Section 14. Members and deputies are to be paid remuneration and allowances determined by the Remuneration Tribunal, subject to the Remuneration Tribunals Act 1973. If a member or deputy is also a member of, or a candidate for election to, the Parliament of the Commonwealth or of a State, they are not to be paid remuneration or allowances but may be reimbursed for expenses incurred due to their attendance at meetings or engagement in Board business, subject to the Minister's approval. Additionally, Section 16 modifies the functions of the Board to include making recommendations to the Minister regarding rates for export charges and levies under related Acts. Failure to comply with the provisions of the Act can result in serious consequences. For example, the termination of a member's or deputy's appointment under Section 3 for non-compliance without reasonable excuse represents a significant penalty. Furthermore, the Act does not explicitly outline further offences, penalties, or consequences for breach in its provisions, but the severe nature of the termination of appointments suggests a high level of accountability and adherence to the Act's requirements. Given the regulatory nature of the Act, any breach could potentially lead to further sanctions or legal actions under related legislation or common law.

Area of Law: Commercial Law
Instrument: Act
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Regulatory Standards; Repeal & Amendment

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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