Honey Levy (No. 1) Amendment Act 1988

Overview

The Honey Levy (No. 1) Amendment Act 1988 was enacted by the Queen, in accordance with the authority of the Senate and the House of Representatives of the Commonwealth of Australia. It was introduced to amend the Honey Levy Act (No. 1) 1962, specifically addressing the rates of levy imposed on honey producers and packers. The Act aims to redefine the rate of levy and establish new procedures for its recommendation by the Australian Honey Board. It also introduces the concept of a packers’ organisation and amends the definition of a producers’ organisation, thereby ensuring that the interests of both producers and packers are considered in the rate-setting process. The policy objective is to balance the interests of all stakeholders in the honey industry by ensuring fair and reasonable levy rates, as agreed upon through consultations between the relevant organisations and the Board.

Scope and Application

The Honey Levy (No. 1) Amendment Act 1988 amends the Honey Levy Act (No. 1) 1962, altering the rates of levy imposed on honey producers and packers. This Act applies to all honey producers and packers within the Commonwealth of Australia. It specifically redefines the "Board" as the Australian Honey Board, continuing its existence as per the Honey Marketing Act 1988, and designates the Federal Council of Australian Apiarists’ Associations as the "producers’ organisation" and the Honey Packers Association of Australia as the "packers’ organisation." The legislation mandates that the Board consult with both the producers’ and packers’ organisations before recommending any new levy rates to the Minister, and it prohibits the Board from recommending rates that exceed those agreed upon by the producers’ organisation. These provisions ensure a collaborative approach in setting levy rates, balancing the interests of both producers and packers.

Key Provisions

The Honey Levy (No. 1) Amendment Act 1988 primarily focuses on revising the definitions within the Honey Levy Act (No. 1) 1962, and modifying the rates of levy. Section 3(a) of the Act amends the definitions of "Board" and "producers’ organisation" to reflect the current Australian Honey Board and the Federal Council of Australian Apiarists’ Associations, or any other prescribed organisation (section 3(a)). It also introduces the definition of "packers’ organisation," which refers to the Honey Packers Association of Australia or any other prescribed organisation (section 3(b)). In terms of levy rates, section 4(1)(a) reduces the rate from 2.20 cents to 5 cents, while new subsections (2a) and (2b) impose conditions on the Board's recommendations to the Minister regarding the rate. Specifically, the Board must consult with both the producers' and packers' organisations before making a recommendation, and it cannot propose a rate higher than what the producers' organisation agrees upon in consultation with the Board (section 4(2a) and (2b)). The Act imposes several obligations on the parties it governs. The Australian Honey Board must consult with the producers' organisation and the packers' organisation before recommending a rate to the Minister (section 4(2a)). Moreover, any recommendation for a rate must be based on an agreement reached with the producers' organisation and cannot exceed the agreed rate (section 4(2b)). The producers' organisation, in turn, must engage in consultations with the Board and agree on a rate before any recommendation is made to the Minister. Breaches of the provisions outlined in the Honey Levy (No. 1) Amendment Act 1988 do not explicitly detail specific offences, penalties, or consequences within the text provided. However, non-compliance with the mandated consultation and agreement processes could potentially lead to legal challenges or disputes regarding the validity of the recommended rates. The Act does clarify that regulations made under section 7 of the Principal Act before the commencement of this Act remain valid, indicating a continuity in regulatory frameworks despite the amendments (section 5).