Primary Industries Levies and Charges Collection (National Residue Survey - Honey) Regulations 1997 No. 364
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 364
Issued by Authority of the Minister for Primary Industries and Energy
Primary Industries Levies and Charges Collection Act 1991
National Residue Survey Administration Act 1992
Primary Industries Levies and Charges Collection (National Residue Survey - Honey) Regulations
Section 30 of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for the purposes of carrying out or giving effect to the Collection Act, in particular the making of provisions in relation to the payment of levy or amounts on account of levy and other amounts payable to the Commonwealth.
Section 13 of the National Residue Survey Administration Act 1992 (the Act) provides that' the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for the purposes of carrying out or giving effect to the Act.
The purpose of the regulations is to set out the administrative arrangements for the collection of a levy of 0.25 cents a kilogram from the Honey Industry that recovers the full cost of conducting a National Residue Survey residue monitoring program.
A national residue monitoring program becomes a compulsory requirement for access into the lucrative European Union market for Australian honey from 1 January 1998.
It is proposed that the regulations operate from 1 January 1998, and are consistent with the wishes of the Honey Industry.
Overview
The Primary Industries Levies and Charges Collection (National Residue Survey - Honey) Regulations 1997, made under the authority of the Minister for Primary Industries and Energy, were enacted to address the need for a national residue monitoring program for honey entering the European Union market. The regulations were issued to provide the administrative framework necessary for the collection of a levy from the honey industry, ensuring that the full cost of conducting a National Residue Survey for residue monitoring is recovered. This was necessitated by the requirement for Australian honey to meet stringent European Union standards from 1 January 1998. The policy objective of the regulations is to support the honey industry in meeting these international standards while ensuring that the financial burden of the monitoring program is fairly distributed among industry participants.
Scope and Application
The Primary Industries Levies and Charges Collection (National Residue Survey - Honey) Regulations 1997 apply to the honey industry within Australia, specifically targeting entities involved in the production and supply of honey. These regulations are established under the authority of the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992. They aim to enforce a levy of 0.25 cents per kilogram on honey, which is intended to cover the full costs associated with conducting a National Residue Survey monitoring program. This program is essential for ensuring that Australian honey meets the stringent residue standards required for entry into the European Union market, a critical market for the Australian honey industry. The regulations are designed to come into effect from 1 January 1998, aligning with the industry's needs and the compulsory requirement for residue monitoring to access the lucrative European Union market. The regulations provide the administrative framework for the collection of the levy, ensuring that the necessary funds are raised to support the monitoring program.
Key Provisions
The Primary Industries Levies and Charges Collection (National Residue Survey - Honey) Regulations 1997 (No. 364) establish a levy of 0.25 cents per kilogram on the honey industry, as outlined in Section 30 of the Primary Industries Levies and Charges Collection Act 1991 (Collection Act). This levy is intended to fund the costs of a National Residue Survey (NRS) for honey, which is necessary for access to the European Union market from 1 January 1998. The NRS is designed to monitor and ensure that honey produced in Australia meets the required standards for pesticide residues and contaminants, thus ensuring compliance with international trade standards.
These regulations impose specific obligations on the honey industry, including the requirement to pay the specified levy. The levy is intended to cover the full costs of conducting the NRS, ensuring that the honey industry contributes to the monitoring program. The regulations also detail the administrative procedures for levy collection, including the responsibilities of the relevant authorities and the process for calculating and remitting the levy. Section 13 of the National Residue Survey Administration Act 1992 (Administration Act) provides the legal basis for these regulations, allowing for the necessary details to be prescribed to facilitate the effective implementation of the monitoring program.
Breaches of these regulations can result in legal consequences. For instance, failure to pay the prescribed levy could lead to enforcement actions, including fines or legal proceedings. Under the Collection Act, the Commissioner of Taxation may take action to recover unpaid levies, which could include penalties. Additionally, non-compliance with the NRS requirements could impact the industry's ability to export honey to markets that require compliance with stringent residue standards, potentially leading to financial losses and reputational damage. The regulations ensure that the honey industry remains accountable and compliant with both domestic and international standards.