Honey Levy (No. 2) Regulations (Amendment)

Overview

The Honey Levy Act (No 2) 1962, enacted by the Australian Parliament, was introduced to address the need for funding research into honey production and related industries. This Act imposes a levy on honey used in the manufacture of other goods, with a portion of the levy designated for research funding. The Act provides that the Governor-General may make regulations to implement its provisions, including varying the rate of levy for research purposes between 0.25 cent and 0.5 cent per kilogram of honey. The current rate, set at 0.47 cent per kilogram, is subject to amendment by regulation, which must consider recommendations from the Honey Research Council or producers’ organisations. The proposed amendment, issued under the authority of the Minister of State for Resources, seeks to increase the rate to 0.50 cent per kilogram of honey, effective from 1 January 1991, in line with the Government's objective to encourage increased contributions from rural industries towards research.

Scope and Application

The Honey Levy Act (No 2) 1962 imposes a levy on honey used in the manufacture of other goods, with one component designated for research funding. This Act applies to all honey used in manufacturing processes and the levy rates are set out in the accompanying regulations. The Act and its regulations apply nationally across Australia, affecting honey producers and manufacturers who utilise honey in their products. The regulations may be amended by the Governor-General, who must consider recommendations from the Honey Research Council or the producers' organisation, such as the Federal Council of Australian Apiarists' Associations, before making any changes. Currently, the rate of levy for research purposes is set at 0.47 cent per kilogram of honey, but it can vary between 0.25 cent and 0.5 cent per kilogram. The proposed amendment to these regulations seeks to increase the rate to 0.50 cent per kilogram, effective from 1 January 1991, in line with the government's objective to encourage greater contributions from rural industries for research.

Key Provisions

The primary operative sections of the Honey Levy (No 2) Regulations (Amendment) concern the modification of the levy rates for honey used in the manufacture of other goods, specifically for research funding purposes. Section 5(1)(b) of the Honey Levy Act (No 2) 1962 outlines that the Governor-General has the authority to establish regulations for the implementation of the Act, including the rate of the levy designated for research funding. Currently, the rate stands at 0.47 cent per kilogram of honey, but the proposed amendment seeks to increase this to 0.50 cent per kilogram, effective from 1 January 1991. The amendment to the regulations imposes specific obligations on parties involved in the honey industry, particularly producers and manufacturers. These entities must now comply with the new levy rate, ensuring that they contribute the increased amount towards research funding. Additionally, the regulations require adherence to the recommendation made by the Federal Council of Australian Apiarists’ Associations, the producers’ organisation, and consideration of any advice from the Honey Research Council before the Governor-General can make any changes to the levy rate. The legislation also includes provisions for penalties and consequences for non-compliance. Although the specific penalties are not detailed within the explanatory statement, it is implied that any breach of the amended regulations could result in civil or criminal consequences. Typically, under the Honey Levy Act (No 2) 1962, penalties for non-compliance might include fines or other sanctions, depending on the severity and frequency of the breach. The exact penalties would be determined in accordance with the general legal framework governing similar offences within the Australian legal system.