Honeybee Research and Development Council Regulations
Statutory Rules 1990 No. 64
made under the
Primary Industries and Energy Research and Development Act 1989
This compilation was prepared on 4 July 2003
[Note: These Regulations were repealed by SR 1995 No. 167]
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Citation [see Note 1]
2 Commencement
3 Interpretation
4 Establishment of the Honeybee Council
5 Honeybee Industry Fund
6 Levy attached to the Fund
7 Gross value of production of honey
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Honeybee Research and Development Council Regulations.
2 Commencement
These Regulations commence on 2 July 1990.
3 Interpretation
In these Regulations, unless the contrary intention appears:
Council means the Honeybee Research and Development Council specified in regulation 4.
Fund means the Honeybee R & D Fund referred to in regulation 5.
honeybee industry means the industry concerned with:
(a) the production, processing, sale and distribution of honey, beeswax and pollen; and
(b) the provision of pollination services by honeybees; and
(c) the breeding, sale and distribution of queen bees.
the Act means the Primary Industries and Energy Research and Development Act 1989.
4 Establishment of the Honeybee Council
An R & D Council to be known as the Honeybee Research and Development Council is declared to be established in respect of the honeybee industry.
5 Honeybee Industry Fund
For the purposes of section 107 of the Act, the R & D Fund established in respect of the Honeybee R & D Council is to be known as the Honeybee R & D Fund.
6 Levy attached to the Fund
(1) For the purposes of paragraph 5 (1) (a) of the Act, the levies imposed by:
(a) paragraph 5 (1) (b) of the Honey Levy Act (No. 1) 1962; and
(b) paragraph 5 (1) (b) of the Honey Levy Act (No. 2) 1962; and
(c) paragraph 7 (1) (b) of the Honey Export Charge Act 1973; are attached to the Fund.
(2) For the purposes of paragraph 5 (3) (a) of the Act, the whole of each of those levies is the research component.
(3) For the purposes of paragraph 5 (3) (b) of the Act, the honeybee industry is the primary industry to which each levy relates.
7 Gross value of production of honey
(1) The Minister is to determine the gross value of the production of honey for a financial year (in this regulation called relevant year) by calculating that value in accordance with the formula:
where:
A is the value of honey produced in the financial year ending 1 year before the start of the relevant year; and
B is the value of honey produced in the financial year immediately before the relevant year; and
C is the estimated value of honey to be produced in the relevant year.
(2) A reference to the value of honey produced or to be produced in a financial year is a reference to the value of production determined by the Minister, having regard to:
(a) the amount of honey on which levy and charge have been paid to the Commonwealth under the Honey Levy Act (No. 1) 1962, the Honey Levy Act (No. 2) 1962, and the Honey Export Charge Act 1973; and
(b) the wholesale price of honey;
in that financial year.
Notes to the Honeybee Research and Development Council Regulations
Note 1
The Honeybee Research and Development Council Regulations (in force under the Primary Industries and Energy Research and Development Act 1989) as shown in this compilation comprise Statutory Rules 1990 No. 64 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1990 No. 64 | 27 Feb 1990 | 2 July 1990 | |
Overview
The Honeybee Research and Development Council Regulations, Statutory Rules 1990 No. 64, were enacted under the Primary Industries and Energy Research and Development Act 1989. This legislation was introduced to address the need for a structured approach to research and development within the honeybee industry, aiming to enhance productivity, sustainability, and economic viability. The regulations establish the Honeybee Research and Development Council and the Honeybee Industry Fund, ensuring that levies collected from the honeybee industry are directed towards research initiatives. The policy objective is to support the honeybee industry by fostering research and development that improves industry practices and outcomes, thereby benefiting both the industry and the broader economy. These regulations were repealed by Statutory Rules 1995 No. 167.
Scope and Application
The Honeybee Research and Development Council Regulations, made under the Primary Industries and Energy Research and Development Act 1989, establish a specific research and development council for the honeybee industry in Australia. These regulations apply to the entire honeybee industry, which encompasses the production, processing, sale, and distribution of honey, beeswax, and pollen, as well as the provision of pollination services by honeybees and the breeding, sale, and distribution of queen bees. The regulations cover the establishment of a dedicated Honeybee Research and Development Council and a corresponding Honeybee Research and Development Fund, which is financed by levies attached to certain honey-related funds. The Minister is tasked with determining the gross value of honey production for each financial year using a specified formula, taking into account the amounts of honey on which levies and charges have been paid, as well as the wholesale price of honey. These regulations apply nationally, but they may be subject to modifications and extensions through subordinate instruments.
Key Provisions
The Honeybee Research and Development Council Regulations (1990) establish a framework for research and development within the honeybee industry in Australia. These regulations declare the establishment of the Honeybee Research and Development Council (section 4) and specify the Honeybee R & D Fund (section 5) as central to this purpose. The fund is designed to receive levies from certain acts, including the Honey Levy Act (No. 1) 1962, the Honey Levy Act (No. 2) 1962, and the Honey Export Charge Act 1973 (section 6). These levies are intended to finance research and development activities related to the honeybee industry.
The regulations impose obligations on the Honeybee Research and Development Council to manage and disburse funds from the Honeybee R & D Fund for research and development initiatives. The Minister is required to determine the gross value of honey production annually, a task which involves calculating the value based on previous years' production and estimates for the upcoming year (section 7). This calculation must consider the amount of honey subject to levies and charges and the wholesale price of honey in the respective years.
Breaches of the provisions outlined in these regulations could lead to various consequences. Although specific penalties are not detailed within the text of the regulations themselves, penalties for non-compliance with related acts such as the Honey Levy Acts and the Honey Export Charge Act could apply. These penalties may include fines or other financial penalties, reflecting the seriousness of adhering to the legislative framework governing honey production and research funding in Australia.