Primary Industries (Customs) Charges Amendment (Bees) Regulation 2014

Administered by Department of Agriculture

Legislation au F2014L00896 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument No. 104, 2014

 

Issued by Authority of the Minister for Agriculture

 

Primary Industries (Customs) Charges Act 1999

 

Primary Industries (Customs) Charges Amendment (Bees) Regulation 2014

 

 

Legislative Authority

Section 8 of the Primary Industries (Customs) Charges Act 1999 (the Charges Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed for carrying out or giving effect to the Act. The Act provides for the ability to impose charges, payable by the producer of queen bees being exported from Australia.

 

Purpose

The purpose of the Regulation is to amend the statutory export charge, payable by the producer of the on queen bees, to:

  • decrease the research and development (R&D) charge on each queen bee sold for $20 or less from 0.5% of the sale price to zero; and
  • decrease the R&D charge on each queen bee sold for more than $20 from 10 cents to zero.

 

Background

Levies and charges are introduced, administered and collected by the Australian Government at the request of industry. The Department of Agriculture disburses the funds collected from the levy/charge on queen bees to the Rural Industries Research and Development Corporation (RIRDC) for queen bee breeding R&D.

 

The peak industry body for queen bees, the Australian Honey Bee Industry Council (AHBIC), has lodged a submission requesting to decrease the operative rate for the levy/charge on queen bees to zero.

 

The annual revenue raised by the levy/charge has decreased to the point where the cost of collecting the levy/charge now exceeds revenue. If the levy/charge continues to be collected it will result in a net loss to RIRDC’s Honeybee Research and Development Program.

 

A separate Regulation has been made to amend the Primary Industries (Excise) Levies Regulations 1999 to reduce the statutory levy on queen bees to nil.

 

Impact and Effect

Setting the rate to zero will prevent any further loss of R&D funds from RIRDC’s Honeybee Research and Development Program.

 

Rather than removing the levy/charge in its entirety, setting the rate to zero will provide the industry with the flexibility to consider activating the levy/charge again under current arrangements (for example, who pays the levy/charge, and how the levy/charge is collected) in the future.

 

Consultation

AHBIC consulted queen bee breeders who pay the charge about the change. The Department consulted the departments of the Prime Minister and Cabinet and Treasury in preparing the Regulation. The Office of Best Practice Regulation has agreed that a Regulation Impact Statement is not required for this proposal (ID 17034).

 

 

Details/ Operation

Details of the Regulation are set out in the Attachment A.

 

The Regulation is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in the Attachment B.

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulation is to commence on 1 August 2014.

 


 

Attachment A

 

Details of the Primary Industries (Customs) Charges Amendment (Bees) Regulation 2014

 

Regulation 1 – Name of Regulation

 

This regulation provides for the title of the Regulation to be the Primary Industries (Customs) Charges Amendment (Bees) Regulation 2014.

 

Regulation 2 – Commencement

 

This regulation provides for the Regulation to commence on 1 August 2014.

 

Regulation 3 – Authority

 

This regulation provides for the legislative authority for making the Regulation as the Primary Industries (Customs) Charges Act 1999.

 

Regulation 4 – Schedule

 

This regulation provides for the Primary Industries (Customs) Charges Regulations 2000 to be amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item 1 amends the rate of charge, payable by the producer of queen bees being exported, to nil.

 


 

Attachment B

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Primary Industries (Customs) Charges Amendment (Bees) Regulation 2014

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of the Regulation is to amend the statutory charge on queen bees.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

The Hon. Barnaby Joyce MP

Minister for Agriculture

 

 

 

Overview

The Primary Industries (Customs) Charges Amendment (Bees) Regulation 2014 was introduced by the Australian Government to address a financial gap in the funding of research and development for queen bee breeding within the country. Enacted under the authority of the Primary Industries (Customs) Charges Act 1999, this regulation was formulated in response to the declining revenue from levies on queen bee exports, which had fallen to a point where the costs of collecting the levies exceeded the income generated. This situation posed a threat to the Rural Industries Research and Development Corporation's (RIRDC) Honeybee Research and Development Program. The policy objective was to mitigate the financial strain on the industry while still allowing for potential future adjustments to the levy system. The regulation sets the rate of the charge to zero, ensuring no further loss of R&D funds, and provides flexibility for the industry to potentially reactivate the levy if conditions change. The regulation was developed following consultations with relevant stakeholders, including the Australian Honey Bee Industry Council and various government departments, and it is set to commence on 1 August 2014.

Scope and Application

The Primary Industries (Customs) Charges Amendment (Bees) Regulation 2014 applies to the producers of queen bees intended for export from Australia, modifying the statutory export charge to zero. This change was made under the authority of the Primary Industries (Customs) Charges Act 1999, which empowers the Governor-General to make regulations for carrying out or giving effect to the Act. The regulation's objective is to address the decreasing revenue from the levy/charge on queen bees, which has led to the collection cost exceeding the revenue generated. By setting the rate to zero, the regulation aims to prevent further loss of research and development funds for the Honeybee Research and Development Program. This change is intended to offer the industry flexibility to potentially reinstate the levy/charge in the future under current arrangements. The regulation applies nationally and is effective from 1 August 2014, with consultation undertaken by the Australian Honey Bee Industry Council and relevant departments.

Key Provisions

The Primary Industries (Customs) Charges Amendment (Bees) Regulation 2014 (the "Regulation") amends the Primary Industries (Customs) Charges Regulations 2000 to adjust the charges on the export of queen bees. Regulation 4 of the Regulation introduces these changes as detailed in Schedule 1, which specifically modifies the rate of charge payable by producers of queen bees being exported to nil (Schedule 1, Item 1). This means that there will no longer be any charge imposed on the export of queen bees. The Regulation imposes obligations on producers of queen bees who export their products. Specifically, these producers are now exempt from paying any statutory charges on their exports, a change that was necessitated by the decrease in annual revenue from the levy. The producers are expected to comply with the new charge rate, which is set at zero. Additionally, the Department of Agriculture will no longer collect any charges from these producers, which streamlines the export process for queen bees. The Regulation does not explicitly detail specific offences or penalties for non-compliance with the new charge rates. However, it is important to note that any failure to comply with the statutory requirements as set out in the Primary Industries (Customs) Charges Act 1999 could potentially lead to legal consequences. Given the context of this Regulation and its alignment with the Act, non-compliance might result in actions being taken under the broader legislative framework, including possible civil or administrative penalties. The exact nature and severity of these penalties would depend on the specific circumstances and the relevant provisions of the Charges Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.