Honey Levy (No. 1) Amendment Act 1980
No. 147 of 1980
An Act to amend the Honey Levy Act (No. 1) 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 Levy (No. 1) Amendment Act 1980.
(2) The Honey Levy Act (No. 1) 1962 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the date fixed under sub-section 2(2) of the Honey Industry Amendment Act 1980.
3. Section 3a of the Principal Act is repealed and the following section substituted:
Interpretation
“3a. In this Act—
‘Board’ means the Australian Honey Board established under the Honey Industry Act 1962;
‘Committee’ means the Honey Research Committee established under the Honey Research Act 1980;
‘month’ means a month of the year;
‘producers’ organization’ has the same meaning as in the Honey Research Act 1980.”.
4. (1) Section 5 of the Principal Act is repealed and the following section substituted:
Rates of levy
“5. (1) The levy imposed on honey by this Act is the sum of—
(a) a levy at the rate of 1.80 cents per kilogram of honey or, if another rate, not exceeding 2.20 cents per kilogram of honey, is for the time being prescribed for the purposes of this paragraph, that other rate; and
(b) a levy at the rate of 0.25 cent per kilogram of honey or, if another rate, not exceeding 0.50 cent per kilogram of honey, is for the time being prescribed for the purposes of this paragraph, that other rate.
“(2) Before making regulations prescribing a rate for the purposes of paragraph (1)(a) or making regulations that amend or repeal regulations made for those purposes, the Governor-General shall take into consideration any recommendation with respect to the rate made to the Minister by the Board.
“(3) Before making regulations prescribing a rate for the purposes of paragraph (1)(b) or making regulations that amend or repeal regulations made for those purposes, the Governor-General shall take into consideration any recommendation with respect to the rate made to the Minister by the Committee or by the producers’ organization.”.
(2) Notwithstanding the amendment made by sub-section (1), the provisions of section 5 of the Principal Act continue to apply to honey on which a levy is imposed by that Act before the commencement of this Act.
Formal amendments
5. The Principal Act is amended as set out in the Schedule.
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SCHEDULE Section 5
FORMAL AMENDMENTS
Provision amended | Omit | Substitute |
Sub-section 4(1).... | the next succeeding sub-section......... | sub-section (2) |
Sub-section 4(2).... | the last preceding sub-section.......... | sub-section (1) |
Sub-section 6a(1)... | fifty........................... | 50 |
Sub-section 6a(3)... | the last preceding sub-section.......... | sub-section |
Overview
The Honey Levy (No. 1) Amendment Act 1980 was enacted to amend the Honey Levy Act (No. 1) 1962, aiming to address issues related to the rates of levy imposed on honey, the administrative roles of the Australian Honey Board and the Honey Research Committee, and the overall framework for levy collection. This legislation was introduced to the Australian Parliament and assented to on 19 September 1980. The primary objective of the Act was to provide a more flexible and responsive framework for the administration and regulation of the honey industry, including the establishment of appropriate levy rates and the roles of the relevant bodies in recommending these rates. This Act sought to modernise the legislative approach to honey industry governance, ensuring that the industry could adapt to changing economic and market conditions effectively.
Scope and Application
The Honey Levy (No. 1) Amendment Act 1980 applies to the levy on honey as prescribed under the Honey Levy Act (No. 1) 1962, with amendments specifically targeting the rates and procedures for setting those rates. This Act primarily concerns honey producers, the Australian Honey Board, and the Honey Research Committee, all of whom are integral to the honey industry within Australia. The Act operates on a national level, as it is a Commonwealth Act, thereby applying across the entire country. The Act provides for the adjustment of the levy rates on honey, which can vary between 1.80 and 2.20 cents per kilogram and between 0.25 and 0.50 cent per kilogram, subject to recommendations by the relevant bodies before any regulation changes are made. The Act also includes provisions for formal amendments as outlined in the Schedule, which makes specific textual changes to the Principal Act. Notably, the Act does not explicitly state any exclusions or exemptions, and it extends its application through subordinate instruments, such as regulations made under its authority.
Key Provisions
The Honey Levy (No. 1) Amendment Act 1980 introduces several amendments to the Honey Levy Act (No. 1) 1962, primarily concerning the rates of levy and the interpretation of certain terms. Section 5 of the Principal Act is repealed and replaced, setting out new rates for the levy imposed on honey (sections 5(1) and (2)). The levy is now composed of two parts: a primary levy of 1.80 cents per kilogram, with an upper limit of 2.20 cents per kilogram, and a secondary levy of 0.25 cent per kilogram, with an upper limit of 0.50 cent per kilogram. Importantly, before the Governor-General makes any regulations prescribing or altering these rates, they must consider recommendations from the Australian Honey Board regarding the primary levy and from the Honey Research Committee or producers' organizations regarding the secondary levy (section 5(2) and (3)). The Act also includes a new interpretation section (section 3a), defining terms such as 'Board', 'Committee', 'month', and 'producers’ organization', aligning them with other relevant acts.
The Act imposes several obligations on the relevant parties. The Governor-General must consider recommendations from the Australian Honey Board and the Honey Research Committee or producers' organizations when setting the rates for the primary and secondary levies on honey, respectively (section 5(2) and (3)). These bodies are expected to provide informed and relevant advice to ensure the rates are appropriate. The Act also requires compliance with the new interpretation definitions, ensuring consistency in the application of the Act.
Breaches of the provisions in this Act may result in various civil or criminal consequences, although the specific offences, penalties, or consequences are not detailed within the provided text. Typically, in such legislative contexts, penalties could range from fines to more severe sanctions, depending on the nature and severity of the breach. The maximum penalties would be determined by other parts of the Act or related legislation, not specified here. The Act's focus appears to be on establishing clear rates and ensuring due consideration in their determination rather than detailing the consequences of non-compliance.