EXPLANATORY STATEMENT
STATUTORY RULES 1987 NO 105
Issued by the Authority of the Minister for Primary Industry
HONEY LEVY (NO.1) REGULATIONS (AMENDMENT)
Section 7 of the Honey Levy Act (No 1) 1962 (the Act) provides that the Governor-General may make regulations for the purposes of carrying out or giving effect to the Act.
The Act imposes a levy on honey produced and sold in Australia. The levy has two components. The component referred to in paragraph 5(1)(b) of the Act is, by virture of the Rural Industries Research Act 1985, designated for research funding.
Under paragraph 5(1)(b) of the Act, the rate of levy for research purposes may be varied, by regulation, from 0.25 cents up to a maximum of 0.5 cents per kilogram of honey. The present prescribed rate is 0.35 cents.
Sub-section 5(3) of the Act provides that before making regulations for the purposes of paragraph 5(1)(b) the Governor-General shall take into consideration any recommendation made to the Minister by the Honey Research Council or by the producers’ organisation.
Both the Honey Research Council and the Federal Council of Australian Apiarists’ Associations, the producers’ organisation, have recommended to the Minister an increase in the operative rate of levy for research purposes from 0.35 cent to 0.40 cent per kilogram of honey.
The recommendation is in accordance with the Government’s objective of encouraging rural industries to increase their contributions for research.
The purpose of the proposed Regulations is to increase the rate of levy, for research purposes, to 0.40 cent per kilogram of honey. The increase is to come into effect from 1 July 1987.
Overview
The Honey Levy (No. 1) Regulations (Amendment) Statutory Rules 1987 No. 105, issued under the authority of the Minister for Primary Industry, amends the Honey Levy Act (No 1) 1962. This legislation was enacted to address the need for a structured approach to funding research within Australia’s honey industry. The Act imposes a levy on honey produced and sold in Australia, with a portion designated for research funding under the Rural Industries Research Act 1985. The proposed regulations aim to increase the research levy rate from 0.35 cents to 0.40 cents per kilogram of honey, effective from 1 July 1987. This adjustment follows recommendations from both the Honey Research Council and the Federal Council of Australian Apiarists’ Associations, aligning with the government’s policy objective of encouraging increased contributions from rural industries for research purposes.
Scope and Application
The Honey Levy (No.1) Regulations (Amendment) Statutory Rules 1987 No. 105, issued under the authority of the Minister for Primary Industry, pertain to the amendment of the Honey Levy Act (No 1) 1962. The Act imposes a levy on honey produced and sold in Australia, with a component designated for research funding, managed under the Rural Industries Research Act 1985. This component, currently set at 0.35 cents per kilogram of honey, may be varied by regulation, with a range from 0.25 cents to a maximum of 0.5 cents per kilogram. The proposed amendment, reflecting recommendations from the Honey Research Council and the Federal Council of Australian Apiarists’ Associations, increases this levy rate to 0.40 cents per kilogram, effective from 1 July 1987. This change aligns with the government’s objective of enhancing rural industries' contributions to research funding. The application of these regulations extends to all honey producers and sellers within Australia, encompassing the entire Commonwealth jurisdiction.
Key Provisions
The primary operative sections of the Honey Levy (No.1) Regulations (Amendment) involve the alteration of the levy rate for honey produced and sold in Australia, specifically for research purposes. Section 5(1)(b) of the Honey Levy Act (No 1) 1962 authorises the variation of the levy rate for research from 0.25 cents up to a maximum of 0.5 cents per kilogram of honey. Currently, the rate is set at 0.35 cents per kilogram, but the proposed amendment seeks to increase this rate to 0.40 cents per kilogram, effective from 1 July 1987.
In terms of obligations and requirements, the Act imposes a levy on honey produced and sold within Australia. This levy is divided into two components, with the one referred to in section 5(1)(b) being earmarked for research funding, pursuant to the Rural Industries Research Act 1985. Section 5(3) of the Act requires that any regulation concerning the levy rate must consider recommendations made by the Honey Research Council or the producers' organisation, in this case the Federal Council of Australian Apiarists’ Associations. Both bodies have recommended an increase in the levy rate for research purposes to 0.40 cents per kilogram, aligning with the government's objective of increasing rural industry contributions for research.
The regulations do not explicitly detail offences or penalties for breach within the provided text. However, it is implicit that failure to comply with the amended levy rate would likely contravene the provisions of the Honey Levy Act (No 1) 1962. Penalties for such breaches could include fines or other sanctions as prescribed by the Act, although the specific penalties are not outlined in the explanatory statement. The primary focus of the proposed amendment is to adjust the levy rate for research purposes, with the aim of better supporting rural industry research initiatives.