Honey Levies and Charges Regulations 1998 1998 No. 145
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 145
Issued by the Authority of the Minister for Primary Industries and Energy
Honey Levy Act (No 1) 1962
Honey Levy Act (No 2) 1962
Honey Export Charge Act 1973
Honey Levies and Charges Regulations 1998
The Honey Levy Act (No 1) 1962 and Honey Levy Act (No 2) 1962 (the Levy Acts), the Honey Export Charge Act 1973 (the Export Charge Act) and the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provide, inter alia, for the imposition and collection of levies and export charges to fund honey research by the Rural Industries Research and Development Corporation (RIRDC).
The RIRDC coordinates research and development for many rural industries. The RIRDC is funded by statutory levies and export charges, voluntary industry contributions and Commonwealth Government matching funding.
Section 7 of the Levy Acts and Section 9 of the Export Charge Act provide that the GovernorGeneral may make regulations for the purposes of the Acts.
Section 5 of the Levy Acts and Section 7 of the Export Charge Act provide that the regulations may fix rates of levy and export charge, respectively, destined for the RIRDC.
Subsection 5(3) of the Levy Acts and Subsection 7(3) Export Charge Acts require that the Governor-General shall take into consideration any relevant recommendations made to the Minister by the RIRDC or the eligible producers organisation, in this case the Federal Council of Australian Apiarists' Associations (FCAAA), in relation to the rate, which supports the increase in levy and export charge.
The purpose of the Regulations is to increase the amount of levy and export charge directed to the RIRDC by 0.05 cents per Kilogram to 0.70 cents per Kilogram for honey sold, exported or used from 1 July 1998 and to further increase that rate by another 0.05 cents per kilogram to 0.75 cents per Kilogram from 1 January 1999. This increase is expected to raise an extra $13,500 in 1998/99 and $27,000 in year 1999/2000.
The increases are consistent with the recommendation of the FCAAA and the RIRDC.
The Regulations commence on 1 July 1998.
Overview
The Honey Levies and Charges Regulations 1998 (No. 145) were enacted to increase the rates of levies and export charges on honey sold, exported, or used within Australia. These regulations were made under the authority of the Minister for Primary Industries and Energy and aim to augment the funding available to the Rural Industries Research and Development Corporation (RIRDC). The primary objective of these regulations is to raise additional funds for honey research and development by increasing the levies and export charges as recommended by the Federal Council of Australian Apiarists' Associations (FCAAA) and the RIRDC. The increases were set to enhance the financial resources directed towards the RIRDC, supporting its role in coordinating research and development for various rural industries.
The Honey Levies and Charges Regulations 1998 were designed to implement the provisions of the Honey Levy Act (No 1) 1962, Honey Levy Act (No 2) 1962, Honey Export Charge Act 1973, and the Primary Industries Levies and Charges Collection Act 1991. By raising the rate from 0.65 cents to 0.70 cents per kilogram from 1 July 1998 and further to 0.75 cents per kilogram from 1 January 1999, the regulations anticipated an additional $13,500 in 1998/99 and $27,000 in 1999/2000 for the RIRDC. This funding is crucial for the RIRDC’s role in facilitating research and development, supported by statutory levies, voluntary contributions, and Commonwealth Government funding.
Scope and Application
The Honey Levies and Charges Regulations 1998 apply to entities and persons involved in the production, sale, and export of honey within Australia, providing a legal framework for the collection of levies and export charges as stipulated by the Honey Levy Act (No 1) 1962, Honey Levy Act (No 2) 1962, and the Honey Export Charge Act 1973. These regulations are designed to fund research and development activities for the honey industry, overseen by the Rural Industries Research and Development Corporation (RIRDC). The geographic reach of these regulations encompasses the entire Commonwealth of Australia, ensuring a uniform application across all states and territories. The Regulations also provide for the Governor-General to consider recommendations from the RIRDC and the Federal Council of Australian Apiarists' Associations (FCAAA) when setting the rates of levy and export charge. The Regulations came into effect on 1 July 1998, with further increases scheduled for 1 January 1999, aiming to enhance the funding available for honey industry research and development.
Key Provisions
The Honey Levies and Charges Regulations 1998 (No. 145) primarily operate by amending the rates of levies and export charges under the Honey Levy Act (No 1) 1962, Honey Levy Act (No 2) 1962, and the Honey Export Charge Act 1973. These Acts collectively facilitate the imposition and collection of financial contributions to fund honey research through the Rural Industries Research and Development Corporation (RIRDC). Section 5 of the Levy Acts and Section 7 of the Export Charge Act allow for the regulation of the rates of these levies and charges, which are directed towards the RIRDC. The regulations aim to increase these rates to generate additional funds for research and development in the honey industry.
Under these Regulations, the parties involved, including honey producers, exporters, and users, are obligated to pay the updated rates of levy and export charge as specified. The rates increase from 0.65 cents per kilogram to 0.70 cents per kilogram effective from 1 July 1998, and further to 0.75 cents per kilogram from 1 January 1999. This requirement is mandated by the statutory provisions and ensures a steady flow of funds to support research initiatives by the RIRDC.
Failure to comply with the new rates as stipulated in the Regulations may result in legal consequences. Although the Regulations themselves do not explicitly outline penalties for non-compliance, breaches of the underlying Acts (the Levy Acts and the Export Charge Act) could lead to enforcement actions by the relevant authorities. Such actions might include fines or other penalties as prescribed by the Acts, which could be substantial enough to ensure adherence to the specified rates. The exact penalties would be governed by the provisions of the primary legislation.