Honey Levy (No. 2) Regulations (Amendment)

Overview

The Honey Levy (No 2) Regulations (Amendment) 1989, issued under the authority of the Minister for Primary Industries and Energy, amends the Honey Levy (No 2) Regulations 1962. The primary objective of the Honey Levy Act 1962 was to establish a levy on honey used in the manufacture of other goods, with a portion of the levy designated for funding research. In this context, the 1989 amendment increases the levy rate for research purposes, responding to recommendations from the Honey Research Council and the Federal Council of Australian Apiarists’ Associations. This amendment aims to encourage increased contributions from rural industries towards research, thereby supporting the development and innovation within the sector. The new rate, set at 0.47 cent per kilogram of honey, was to take effect from 1 January 1990.

Scope and Application

The Honey Levy Act (No 2) 1962, as amended by the Honey Levy (No 2) Regulations (Amendment) Statutory Rules 1989 No. 309, applies to the imposition of a levy on honey used in the manufacture of other goods. The Act is applicable to honey producers and processors within Australia, encompassing entities engaged in the use of honey as an ingredient in various goods. The Act's purpose is to fund research activities related to the honey industry, with the levy directed towards funding research initiatives as stipulated by the Rural Industries Research Act 1985. The regulation allows for the variation of the levy rate for research purposes, ranging from 0.25 cent to a maximum of 0.5 cent per kilogram of honey, with the current rate set at 0.45 cent. Before making any changes to the levy rate, the Governor-General must consider recommendations from the Honey Research Council or the producers' organisation, in this case, the Federal Council of Australian Apiarists’ Associations. The proposed amendment seeks to increase the levy rate for research purposes from 0.45 cent to 0.47 cent per kilogram, effective from 1 January 1990, in line with the government's aim to encourage rural industries to contribute more to research.

Key Provisions

The key operative sections of the proposed regulations under the Honey Levy Act (No 2) 1962 pertain primarily to the alteration of the levy rate for research purposes. Section 5(1)(b) of the Act allows for the levy rate to be varied between 0.25 cent and 0.5 cent per kilogram of honey, with the current rate set at 0.45 cent. The proposed regulations seek to increase this rate to 0.47 cent per kilogram (Section 5(1)(b)). This change aligns with the recommendation made by the Federal Council of Australian Apiarists’ Associations, a producers’ organisation, to the Minister for Primary Industries and Energy, as stipulated in subsection 5(3) of the Act. The proposed regulations impose specific obligations on the parties involved. Firstly, the Governor-General must consider the recommendation from the producers’ organisation before making any changes to the levy rate (subsection 5(3)). The increase in the levy rate, if enacted, will require honey producers and manufacturers to adjust their accounting and financial reporting to reflect the new levy amount. This ensures that the increased levy is accurately calculated and remitted in accordance with the updated regulations. There are no specific offences, penalties, or civil/criminal consequences mentioned in the proposed regulations for non-compliance with the new levy rate. However, non-compliance with the Honey Levy Act generally could result in penalties as outlined in other sections of the Act. These could include fines or other sanctions for failure to report or remit the correct amount of levy. The exact penalties would depend on the specific circumstances of non-compliance and any applicable sections of the Honey Levy Act. It is essential for parties governed by the Act to adhere to the new regulations to avoid potential penalties and ensure continued compliance with the legislative requirements.