Honey Levy (No. 1) Regulations (Amendment)

Overview

The Honey Levy (No. 1) Regulations (Amendment) 1993 No. 332 were enacted to amend the existing regulations under the Honey Levy Act (No. 1) 1962. This Act imposes a levy on honey produced and sold in Australia, with a portion designated for research and development funding. The 1993 Amendment Regulations respond to recommendations from the Federal Council of Australian Apiarists' Associations, the producers' organisation, to adjust the levy rate incrementally to support the government’s objective of increasing contributions to research and development in rural industries. Issued under the authority of the Minister for Primary Industries and Energy, these regulations aim to incrementally increase the levy rate for research and development purposes from 0.52 cents to 0.57 cents per kilogram of honey effective from 1 January 1994, to 0.61 cents per kilogram effective from 1 January 1995, and finally to 0.65 cents per kilogram effective from 1 January 1996.

Scope and Application

The Honey Levy (No. 1) Regulations (Amendment) 1993 No. 332 is an amendment to the Honey Levy Act (No. 1) 1962, which imposes a levy on honey produced and sold in Australia. The Act applies to entities involved in the production and sale of honey within Australia, imposing a levy for purposes including research and development funding. The Act authorises the Governor-General to make regulations varying the rate of the levy for research and development purposes, which is currently designated for funding under the Primary Industries and Energy Research and Development Act 1989. The proposed regulations increase the levy rate incrementally from 0.52 cent to 0.65 cent per kilogram of honey over three years, in line with the Government's objective of increasing contributions for research and development within rural industries. These amendments apply nationally across Australia and are made pursuant to the authority granted under section 7 of the Honey Levy Act (No. 1) 1962, with consideration given to recommendations from the Honeybee Research and Development Council and the Federal Council of Australian Apiarists' Associations, the producers' organisation.

Key Provisions

The main operative sections of the Honey Levy (No. 1) Regulations (Amendment) 1993 (No. 332) pertain to the adjustments in the levy rates for research and development purposes as stipulated in Section 5(1)(b) of the Honey Levy Act (No. 1) 1962. According to Section 7 of the Levy Act, the Governor-General is authorised to make regulations for the purposes of carrying out or giving effect to the Act, including the imposition of a levy on honey produced and sold in Australia. The Act includes two components of the levy, with one specifically designated for research and development funding. The regulation proposes a three-staged increase in the levy rate for research and development purposes, rising from 0.52 cent to 0.65 cent per kilogram of honey produced, effective from 1 January 1994, 1 January 1995, and 1 January 1996, respectively. The obligations and requirements imposed by these regulations are primarily directed at honey producers and sellers within Australia. They are required to comply with the amended levy rates for research and development purposes as outlined in the Regulations. The obligation extends to ensuring that the appropriate levy amount is calculated and remitted based on the new rates, which are to be implemented incrementally from the specified dates. Producers and sellers must also ensure that any recommendations from the Honeybee Research and Development Council or the producers' organisation, in this case, the Federal Council of Australian Apiarists' Associations, are considered in the calculation and payment of the levy. The proposed regulations do not explicitly detail specific offences, penalties, or civil or criminal consequences for breaches. However, under the general framework of the Honey Levy Act (No. 1) 1962, non-compliance with the regulations, including the failure to remit the correct amount of levy, could potentially lead to enforcement actions by the relevant authorities. While the specific penalties are not detailed in the explanatory statement, it is implied that failure to adhere to the amended levy rates could result in legal repercussions, including fines or other penalties as prescribed under the broader legislative framework governing honey production and sales in Australia. The exact nature and extent of these penalties would typically be governed by other relevant sections of the Honey Levy Act and associated regulations.