Honey Levy (No. 2) Regulations (Amendment)

Overview

The Honey Levy (No 2) Regulations (Amendment) 1989 was enacted to address the need to adjust the rate of levy imposed on honey used in the manufacture of other goods, specifically for funding the Australian Honey Board. This statutory rule, issued by the authority of the Minister for Primary Industries and Energy, amends the Honey Levy Act (No 2) 1962. The policy objective outlined in the explanatory statement is to implement the recommendations made by the Australian Honey Board, following consultations with relevant industry stakeholders, to increase the levy rate from 2.20 cents to 2.75 cents per kilogram of honey, effective from 1 September 1989. This adjustment aims to ensure adequate funding for the activities and operations of the Australian Honey Board, reflecting the agreement reached between the producers' organisation and the Board.

Scope and Application

The Honey Levy (No 2) Regulations (Amendment) Statutory Rules 1989 pertain to the imposition of a levy on honey used in the manufacture of other goods, as outlined in the Honey Levy Act (No 2) 1962. This Act applies to honey producers and manufacturers who utilise honey in their goods, with the levy intended to fund the Australian Honey Board (AHB). The amendment to the regulations adjusts the rate of levy for AHB funding purposes from 2.20 cents to 2.75 cents per kilogram of honey, effective from 1 September 1989. The proposed increase in the levy rate has been recommended by the AHB and agreed upon by the Federal Council of Australian Apiarists’ Associations (FCAAA), subject to the condition that the AHB does not recommend a rate higher than that agreed upon by the producers' organisation. The regulations are made under the authority of the Minister for Primary Industries and Energy, with the Governor-General required to consider recommendations from the Minister before making any changes to the levy rate.

Key Provisions

The main operative sections of these regulations (C2004L00182) are contained within the Honey Levy Act (No 2) 1962, particularly section 5(1)(a). This section allows the Governor-General to make regulations for the purposes of carrying out or giving effect to the Levy Act, and specifies that the rate of levy for funding the Australian Honey Board (AHB) may be varied from 1.80 cents up to a maximum of 5.0 cents per kilogram of honey. The current prescribed rate is 2.20 cents, but the proposed amendment seeks to increase this rate to 2.75 cents per kilogram of honey, effective from 1 September 1989. The proposed increase is based on recommendations made by the AHB, which must consider input from the Federal Council of Australian Apiarists’ Associations (FCAAA) and the Honey Packers Association of Australia (HPAA). The obligations imposed by the Act and the regulations on parties such as the AHB, FCAAA, and HPAA include the requirement for the AHB to consult with both the FCAAA and HPAA before making any recommendations to the Minister regarding the rate of levy. Furthermore, the FCAAA must agree to any new rate being prescribed, and the AHB is restricted to recommending a rate that does not exceed the rate agreed to by the producers’ organisation. This ensures a collaborative approach to setting the levy rate, taking into account the interests of all parties involved in the honey industry. In terms of consequences for non-compliance, the regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the provisions of the Act and the regulations could potentially result in legal action being taken against the offending party. The exact consequences would depend on the nature of the breach and the specific circumstances of each case. It is important for parties involved in the honey industry to adhere to the regulations to avoid any potential legal repercussions.