Honey Levy (No. 2) Regulations (Amendment)

Overview

The Honey Levy (No. 2) Regulations (Amendment) 1991 No. 406, issued under the authority of the Minister of State for Primary Industries and Energy, serves to amend the existing Honey Levy (No. 2) Regulations of 1962. The original Act was designed to impose a levy on honey used in the manufacture of other goods, with a portion of the levy designated for funding research and development activities. The amendment proposed in these regulations specifically targets the rate of the research and development levy, which currently stands at 0.50 cent per kilogram of honey. The proposed change, in line with a recommendation from the Federal Council of Australian Apiarists' Associations, seeks to increase this rate to 0.52 cent per kilogram, aligning with the government's broader objective of enhancing contributions from rural industries towards research and development efforts. The regulations reflect the process mandated by the Levy Act, requiring the Governor-General to consider recommendations from relevant bodies before making any regulatory changes.

Scope and Application

The Honey Levy (No. 2) Regulations (Amendment) 1991 applies to the Honey Levy Act (No. 2) 1962, which imposes a levy on honey used in the manufacture of other goods, specifically for research and development funding. The amendment pertains to the variation of the rate of levy from 0.25 cent to 0.75 cent per kilogram of honey, with the current prescribed rate being 0.50 cent. The Act applies to entities involved in the honey industry, including producers and manufacturers who use honey in the production of other goods. The geographic scope of the Act is federal, applying across Australia as it is a Commonwealth Act. The Act does not specify exclusions, but it is reasonable to infer that it applies to all honey used in commercial manufacturing processes within the nation. The regulation-making process requires the Governor-General to consider recommendations from relevant bodies, such as the Honeybee Research and Development Council or producers' organisations, before varying the levy rates. The current amendment follows a recommendation from the Federal Council of Australian Apiarists' Associations, a producers' organisation, to increase the levy to 0.52 cent per kilogram, aligning with the government's aim to boost research and development contributions from rural industries.

Key Provisions

The main operative sections of the Honey Levy (No. 2) Regulations (Amendment) 1991 No. 406 (the Amendment) relate to the rate of the honey levy for research and development purposes as outlined in Section 7 of the Honey Levy Act (No. 2) 1962 (the Levy Act). The Amendment modifies the existing rate of 0.50 cent per kilogram of honey to 0.52 cent, following a recommendation from the Federal Council of Australian Apiarists' Associations, the producers' organisation. The Amendment also adheres to the provisions in Section 5(1)(b) and Section 5(3) of the Levy Act, which allow for the variation of the levy rate and require consideration of recommendations from the Honeybee Research and Development Council or the producers' organisation before making any regulatory changes. The Amendment imposes several obligations and requirements on the parties it governs. Firstly, it mandates that any changes to the rate of the honey levy for research and development purposes must be made through regulations under the authority of the Governor-General. This ensures a formal and transparent process for adjusting the levy rate. Secondly, it requires the Governor-General to consider recommendations from the Honeybee Research and Development Council or the producers' organisation before implementing any changes. This ensures that the interests and inputs of industry stakeholders are taken into account in the regulatory process. Finally, the Amendment ensures that any new levy rate is designated for research and development funding, in line with the Primary Industries and Energy Research and Development Act 1989. Breaches of the provisions in the Amendment may result in civil or criminal consequences, although the specific nature of these consequences is not detailed in the Amendment itself. However, the Levy Act generally provides for penalties for non-compliance with its provisions, including fines. The maximum penalties for breaches of the Levy Act are not specified in the Amendment but could potentially include fines up to a certain amount, as outlined in the Act. It is essential for parties subject to the Amendment to ensure compliance to avoid potential penalties and legal ramifications.