Statutory Rules
1977 No. 233
REGULATIONS UNDER THE HONEY LEVY ACT (No. 1) 1962*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and having taken into consideration the recommendations made to the Minister by the Australian Honey Board with respect to the rate of levy to be prescribed for the purposes of section 5 of the Honey Levy Act (No. 1) 1962, hereby make the following Regulations under the Honey Levy Act (No. 1) 1962.
Dated this twenty-ninth day of November 1977.
JOHN R. KERR
Governor-General
By His Excellency’s Command,
IAN SINCLAIR
Minister of State for Primary Industry
HONEY LEVY (AMOUNT OF LEVY) (No. 1) REGULATIONS
Citation
1. These Regulations may be cited as the Honey Levy (Amount of Levy) (No. 1) Regulations.
Commencement
2. These Regulations shall come into operation on 1 December 1977.
Repeal of former Honey Levy (Amount of Levy) (No. 1) Regulations
3. Statutory Rules 1973, No. 193 are repealed.
Rate of levy
4. For the purposes of section 5 of the Honey Levy Act (No. 1) 1962, the rate of levy is 1.5 cents per kilogram of honey.
* Notified in the Commonwealth of Australia Gazette on 30 November 1977.
Overview
The Honey Levy (Amount of Levy) (No. 1) Regulations 1977, enacted under the authority of the Commonwealth of Australia, were introduced to address the need for specific regulations concerning the rate of the honey levy as outlined in the Honey Levy Act (No. 1) 1962. These regulations were established to implement the recommendations made by the Australian Honey Board regarding the levy rate, ensuring a consistent and regulated approach to the taxation of honey. The policy objective, as articulated within the text, is to provide clear and enforceable guidelines for the levy on honey, reflecting the collaborative efforts between the Australian Honey Board and the relevant government authorities to manage the honey industry effectively. The regulations came into operation on 1 December 1977, superseding the previous regulations from 1973.
Scope and Application
The Honey Levy (Amount of Levy) (No. 1) Regulations 1977, made under the authority of the Honey Levy Act (No. 1) 1962, establish the rate of levy applicable to honey produced and sold within the Commonwealth of Australia. These regulations apply to any person or entity involved in the production, sale, or handling of honey, ensuring compliance with the specified levy rate of 1.5 cents per kilogram. The geographic reach of these regulations extends to the entire Commonwealth, thereby affecting the honey industry nationwide. The regulations replace the former Honey Levy (Amount of Levy) (No. 1) Regulations 1973, thereby ensuring updated and consistent application across the sector. Notably, these regulations do not explicitly outline any exclusions, exemptions, or thresholds beyond the rate of levy prescribed, although the underlying act may provide further details on the scope and application of the levy. Any additional application or modifications to these regulations may be further extended or restricted through subordinate instruments made under the authority of the Honey Levy Act (No. 1) 1962.
Key Provisions
The main operative sections of the Honey Levy (Amount of Levy) (No. 1) Regulations 1977 are straightforward and limited in scope. Section 1 provides for the citation of the regulations, identifying them as the Honey Levy (Amount of Levy) (No. 1) Regulations. Section 2 specifies the commencement date of the regulations, which is 1 December 1977. Section 3 repeals the previous Honey Levy (Amount of Levy) (No. 1) Regulations 1973, ensuring that only the current regulations are in effect. Most importantly, Section 4 sets the rate of levy for honey at 1.5 cents per kilogram, a critical detail for those involved in the honey industry.
The regulations impose specific obligations on parties involved in the honey industry, primarily those who are required to pay the levy. Section 4 mandates that the levy rate of 1.5 cents per kilogram must be applied to all honey produced and sold within the scope of the Honey Levy Act (No. 1) 1962. Producers, processors, and sellers of honey must ensure that they adhere to this rate when calculating their levy contributions. The regulations do not explicitly detail the processes for reporting and paying the levy, but it is implicit that these activities must be conducted in accordance with the terms set out in the Honey Levy Act.
Breach of these regulations can lead to civil or criminal consequences, although the specific penalties are not outlined within these regulations. Generally, under the Honey Levy Act, failure to comply with the levy requirements could result in fines or other penalties as stipulated by the relevant legislation. The exact penalties would depend on the nature and severity of the breach, with potential for both civil fines and criminal charges for more serious violations. It is advisable for those subject to these regulations to consult the Honey Levy Act for detailed information on penalties and enforcement mechanisms.