Primary Industries Levies and Charges Collection Amendment (Honey) Regulations 2018

Administered by Department of Agriculture

Legislation au F2018L00680 Regulations Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Issued by Authority of the Minister for Agriculture and Water Resources

 

Primary Industries Levies and Charges Collection Act 1991

Primary Industries Levies and Charges Collection Amendment (Honey) Regulations 2018

 

The Primary Industries Levies and Charges Collection Act 1991 (the Act) makes provision for the rationalisation and efficient and effective collection of primary industry levies and charges.

Section 30 of the Act provides that the Governor-General may make regulations not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Primary Industries Levies and Charges Collection Amendment (Honey) Regulations 2018 (the Regulations) is a minor corrective amendment to Schedule 21 (Honey) to the Primary Industries Levies and Charges Collection Regulations 1991 (PILCC Regulations).

The Regulations correct an inaccurate figure in Clause 11B(1)(c) of Schedule 21 to the PILCC Regulations, which requires honey levy payers, when applying for an exemption from lodging quarterly returns, to include a statement that they believe that the amount of the levy and charge is, or is likely to be, less than $2,000. The correct figure should be $4,000, which is referenced in paragraph 11A of Schedule 21 to the PILCC Regulations. Paragraph 11A provides that a honey levy payer may apply for an exemption from lodging quarterly returns for a levy year if they have reasonable grounds for believing that the sum of levy and charge payable for the year is, or is likely to be, less than $4,000.

On 1 July 2015, the overall liability of honey levy payers, through the imposition of both a honey levy and a honey charge, doubled from 2.3 cents to 4.6 cents per kilogram of honey. In line with this, the sum of levy and charge below which a honey levy payer is eligible to apply for an exemption from lodging quarterly returns doubled from $2,000 to $4,000.

The Primary Industries Levies and Charges Collection Amendment (Sweet Potatoes and Honey) Regulation 2015 amended paragraph 11A of Schedule 21 to the PILCC Regulations to reflect this change. However, paragraph 11B(1)(c) of Schedule 21 was not amended. This discrepancy was identified within the Department of Agriculture and Water Resources. The proposed Regulations amend the figure in paragraph 11B(1)(c) of Schedule 21 so that the levy and charge referenced in a honey levy payer’s statement when applying for an exemption reflects the correct amount of $4,000. This change is in line with industry’s original request. No additional consultation was undertaken with industry.

Details of the Regulations are set out in Attachment A.

The Act specifies no conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.

The Regulations are 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 Attachment B.

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

 

 

 

Authority:

Section 30 of the

 

Primary Industries Levies and Charges Collection Act 1991

Attachment A

 

Details of the Primary Industries Levies and Charges Collection Amendment (Honey) Regulations 2018

 

Section 1 – Name

 

This section provides that the name of the instrument is the Primary Industries Levies and Charges Collection Amendment (Honey) Regulations 2018.

 

Section 2 – Commencement

 

This section provides for the instrument to commence on 1 July 2018.

 

Section 3 – Authority

 

This section provides that the instrument is made under the Primary Industries Levies and Charges Collection Act 1991.

 

Section 4 – Schedules

 

This section provides that the instrument is amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Primary Industries Levies and Charges Collection Regulations 1991

Item 1 - Paragraph 11B(1)(c) of Schedule 21

This item omits the figure “$2 000” and substitutes the figure “$4,000” to reflect the amount of levy and charge referenced in a honey levy payer’s statement when applying for an exemption, consistent with the figure set out in paragraph 11A of Schedule 21 to the Primary Industries Levies and Charges Collection Regulations 1991.

 

 

 

 

ATTACHMENT B

 

Statement of Compatibility with Human Rights

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

 

Primary Industries Levies and Charges Collection Amendment (Honey) Regulations 2018

 

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 Primary Industries Levies and Charges Collection Amendment (Honey) Regulations 2018 (the Regulations) provide a corrective amendment to Clause 11B(1)(c) of Schedule 21 to the Primary Industries Levies and Charges Regulations 1991 (PILCC Regulations) for consistency with Clause 11A of Schedule 21. Clause 11B(1)(c) of Schedule 21 should refer to $4,000 as the amount of levy and charge referenced in a honey levy payer’s statement when applying for an exemption consistent with the figure referenced in Clause 11A of Schedule 21 to the PILCC Regulation. 

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. David Littleproud MP

Minister for Agriculture and Water Resources

 

 

 

Overview

The Primary Industries Levies and Charges Collection Act 1991 was enacted to streamline and ensure the efficient and effective collection of levies and charges related to primary industries. The Act empowers the Governor-General to make regulations that are necessary to carry out or give effect to the Act. The Primary Industries Levies and Charges Collection Amendment (Honey) Regulations 2018 amend the Primary Industries Levies and Charges Collection Regulations 1991 to correct an error in the amount of levy and charge referenced in a honey levy payer's statement when applying for an exemption from lodging quarterly returns. Specifically, the Regulations correct an inaccurate figure in Clause 11B(1)(c) of Schedule 21, ensuring it aligns with the correct figure of $4,000 as referenced in Clause 11A. This amendment follows the doubling of the overall liability of honey levy payers from 2.3 cents to 4.6 cents per kilogram of honey on 1 July 2015, and the subsequent adjustment in the exemption threshold from $2,000 to $4,000. The Regulations were introduced by the Minister for Agriculture and Water Resources to ensure consistency within the regulatory framework and address the identified discrepancy within the Department of Agriculture and Water Resources.

Scope and Application

The Primary Industries Levies and Charges Collection Act 1991 is designed to facilitate the efficient and effective collection of primary industry levies and charges. The Act applies to entities involved in the primary industry sector in Australia, encompassing a range of industries and transactions that involve the production, processing, and distribution of primary products. The Act provides the legal framework for the imposition of various levies and charges, which are intended to fund specific industry-related services and initiatives. The Act extends to the entire Commonwealth of Australia, providing a unified approach to the collection of these levies across all states and territories. The Act allows for the creation of subordinate legislation, such as the Primary Industries Levies and Charges Collection Amendment (Honey) Regulations 2018, to refine and implement the details of the levies and charges more precisely. This regulatory instrument corrects an inconsistency in the amount referenced for exemption from quarterly returns, ensuring that the figure aligns with the threshold set in other parts of the regulations, thereby maintaining consistency and fairness in the application of the Act.

Key Provisions

The Primary Industries Levies and Charges Collection Amendment (Honey) Regulations 2018 (the Regulations) address a specific discrepancy within the Primary Industries Levies and Charges Collection Regulations 1991 (PILCC Regulations). Section 1 of the Regulations specifies the name of the instrument, while Section 2 states that the Regulations will commence on 1 July 2018. Section 3 confirms that the instrument is made under the Primary Industries Levies and Charges Collection Act 1991. The substantive changes are outlined in Schedule 1, particularly in Item 1, where Clause 11B(1)(c) of Schedule 21 is amended to correct an inaccurate figure from $2,000 to $4,000. This change ensures that the amount of levy and charge referenced in a honey levy payer's statement when applying for an exemption aligns with the correct figure mentioned in Clause 11A of Schedule 21. The Regulations impose specific obligations on honey levy payers. According to Clause 11B(1)(c) of Schedule 21, as amended by the Regulations, a honey levy payer must now include a statement in their application for an exemption from lodging quarterly returns, indicating that they believe the amount of the levy and charge payable for the year is, or is likely to be, less than $4,000. This requirement ensures that the exemption process is accurately aligned with the current levy and charge thresholds, thereby maintaining compliance with the Act. While the Regulations themselves do not introduce new offences or penalties, they are crucial for ensuring compliance with the Primary Industries Levies and Charges Collection Act 1991. Any failure to accurately declare the amount of levy and charge when applying for an exemption could lead to civil or criminal consequences as outlined in the Act. This includes potential fines or other penalties for non-compliance. It is important to note that the Regulations are designed to correct an existing discrepancy, rather than to impose new punitive measures. The Regulations are compatible with human rights as declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is provided in Attachment B, which asserts that the Regulations do not engage any of the applicable rights or freedoms and are therefore compatible with human rights. This compatibility statement ensures that the Regulations do not infringe upon the freedoms and rights recognised in international human rights instruments.

Legal classification tags

Area of Law
Regulatory Standards
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

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.