Primary Industries Levies and Charges (National Residue Survey Levies) Amendment (Honey) Regulations 2018

Administered by Department of Agriculture

Legislation au F2018L00699 Regulations Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Issued by Authority of the Minister for Agriculture and Water Resources

National Residue Survey (Customs) Levy Act 1998

National Residue Survey (Excise) Levy Act 1998

 

Primary Industries Levies and Charges (National Residue Survey Levies) Amendment (Honey) Regulations 2018

 

The National Residue Survey (Customs) Levy Act 1998 (the Customs Levy Act) provides for the imposition of a National Residue Survey (NRS) levy, as a duty of customs, on a variety of products, including honey.

The National Residue Survey (Excise) Levy Act 1998 (the Excise Levy Act) provides for the imposition of a NRS levy, as a duty of excise, on a variety of products, including honey.

Section 8 of the Customs Levy Act provides that the Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Section 8 of the Excise Levy Act provides that the Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment (Honey) Regulations 2018 (the Regulations) increases the rate of the NRS on both the excise and customs levies on honey from 0.1 cents per kilogram of honey to 0.3 cents per kilogram of honey.

In addition to the Regulations, a further package of regulations amend the Primary Industries (Excise) Levies Regulations 1999 and the Primary Industries (Customs) Charges Regulations 2000 to reduce the Emergency Plant Pest Response (EPPR) levy and charge, to offset the increase of the Regulations. This enables the honey industry to build up reserves in the NRS program without increasing the total amount payable by honey levy payers.

On 21 July 2017, the Australian Honey Bee Industry Council Inc (AHBIC) wrote to the Minister for Agriculture and Water Resources seeking to increase the rate of the National Residue Survey (NRS) excise and customs levies by 0.2 cents per kilogram of honey and to decrease the rate of the EPPR levy and charge by 0.2 cents per kilogram of honey.

AHBIC is the designated body for honey under the Primary Industries (Customs) Charges Act 1999 and the Primary Industries (Excise) Levies Act 1999 and is made up of the beekeeping associations in New South Wales, Queensland, Victoria, South Australia, Western Australia and Tasmania; pollinators; queen bee breeders and other relevant industry members. AHBIC also represent honey producers as a member of Plant Health Australia (PHA) and as a signatory to the Emergency Plant Pest Response Deed (EPPRD).

NRS excise and customs levies funds provide for the testing of Australian honey for chemical residue and environmental contaminants, which is a requirement of some export regulations. Specifically, all honey exported to the European Union must be monitored for residues in compliance with European Commission directives. Sufficient funds to support NRS testing are required to assist Australian honey producers to export honey to the European Union. Without the increase to the NRS excise and customs levies rate, honey industry reserves would be expended by the 2019-20 financial year. AHBIC’s proposal was focussed on restoring NRS reserves.

AHBIC consulted widely with levy payers and potential levy payers through its state chapters, amateur beekeeping associations, and public notifications of the changes through print and electronic media. The proposal had majority industry support. No objections were raised during the six week objection period from 21 August 2017 to 2 October 2017. The Department of Agriculture and Water Resources assessed AHBIC’s proposal and considered that it met the Australian Government’s Levy Principles and Guidelines.

There is no financial impact on honey producers from the Regulations as the total amount of all the levies paid by honey levy payers does not change.

Details of the Regulations are set out in Attachment A.

The Acts specify no conditions that need to be satisfied before the power to make the 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.


Attachment A

 

Details of the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment (Honey) Regulations 2018

 

Section 1 – Name

 

This section provides that the name of the instrument is the Primary Industries Levies and Charges (National Residue Survey Levies) 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 National Residue Survey (Customs) Levy Act 1998 and the National Residue Survey (Excise) Levy Act 1998.

 

Section 4 – Schedules

 

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

 

Schedule 1 – Amendments

 

Item 1  Regulation 79

The item omits the figure “0.1” and substitutes the figure “0.3” to reflect the increase to the rate of the NRS customs levy on honey.

 

Item 2   Subregulations 80(1) and (2)

This item omits the figure “0.1” and substitutes the figure “0.3” to reflect the increase to the rate of the NRS excise levy on honey.


ATTACHMENT B

 

Statement of Compatibility with Human Rights

 

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

 

Primary Industries (Excise) Levies 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 (National Residue Survey Levies) Regulations 1998 (the Regulation) would increase the rates of the National Residue Survey customs and excise levies on honey from 0.1 cents per kilogram of honey to 0.3 cents per kilogram of honey.

 

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 (National Residue Survey Levies) Amendment (Honey) Regulations 2018, enacted to amend the rates of the National Residue Survey (NRS) levies on honey, was introduced to address the financial sustainability of the NRS program. The National Residue Survey (Customs) Levy Act 1998 and the National Residue Survey (Excise) Levy Act 1998, which allow for the imposition of a duty of customs and excise on products including honey, respectively, provided the legislative framework for this amendment. The regulations were proposed by the Australian Honey Bee Industry Council Inc (AHBIC), which represents the interests of honey producers across Australia and is tasked with managing the NRS program. The primary objective of these amendments was to increase the NRS rate on honey to build up reserves for the testing of chemical residue and environmental contaminants, a critical requirement for honey exports to the European Union. The proposed increase in the levy rate from 0.1 cents to 0.3 cents per kilogram of honey was supported by the industry and did not result in any financial burden on honey producers, as the total amount of levies paid remained unchanged.

Scope and Application

The National Residue Survey (Customs) Levy Act 1998 and the National Residue Survey (Excise) Levy Act 1998 collectively establish the framework for imposing a National Residue Survey (NRS) levy on certain products, including honey, as a duty of customs or excise. These Acts empower the Governor-General to make regulations necessary for their implementation. The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment (Honey) Regulations 2018, made under these Acts, have increased the rate of the NRS on both the excise and customs levies on honey from 0.1 cents per kilogram to 0.3 cents per kilogram, effective from 1 July 2018. This increase aims to replenish the NRS reserves, which are critical for conducting residue testing in honey to meet the stringent export requirements of markets such as the European Union. The Australian Honey Bee Industry Council Inc (AHBIC), representing various stakeholders within the honey industry, proposed these amendments, which were subsequently supported by the industry and assessed as compliant with the Australian Government’s Levy Principles and Guidelines. Importantly, the total amount of levies paid by honey producers remains unchanged, ensuring no financial burden is imposed on the industry. These regulations are consistent with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011, with a full statement of compatibility provided in the accompanying documentation.

Key Provisions

The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment (Honey) Regulations 2018 (Regulations) introduces changes to the rate of the National Residue Survey (NRS) levy on honey, both for customs and excise purposes, as outlined in the National Residue Survey (Customs) Levy Act 1998 (Customs Levy Act) and the National Residue Survey (Excise) Levy Act 1998 (Excise Levy Act). Specifically, Section 1 of the Regulations indicates that the NRS levy rate for honey is increased from 0.1 cents to 0.3 cents per kilogram (Reg 79 and Subreg 80(1) and (2)). These Regulations commence on 1 July 2018, as stipulated in Section 2, and are made under the authority of the Customs Levy Act and the Excise Levy Act (Section 3). The changes are detailed in Schedule 1, which amends the existing rates of the NRS levy on honey. The Regulations impose obligations on the parties involved, particularly the Australian Honey Bee Industry Council Inc (AHBIC), which is the designated body for honey under the Primary Industries (Customs) Charges Act 1999 and the Primary Industries (Excise) Levies Act 1999. AHBIC, which represents various stakeholders in the honey industry, is responsible for consulting widely with levy payers and potential levy payers to ensure the changes meet the Australian Government's Levy Principles and Guidelines. The Regulations also require AHBIC to publicise the changes through print and electronic media to ensure transparency and industry support. The Department of Agriculture and Water Resources assesses the proposal to ensure it meets these guidelines, as was the case with AHBIC’s proposal which received majority industry support and no objections during the objection period. Breach of the Regulations could lead to civil or criminal consequences, although the specific offences, penalties, or consequences are not detailed in the explanatory statement. However, under the general framework of the Customs Levy Act and the Excise Levy Act, penalties for non-compliance could include fines or imprisonment, depending on the severity and intent behind the breach. The Regulations are designed to ensure that sufficient funds are available for the NRS program to meet export requirements, particularly for the European Union, which mandates residue testing for honey exports. Failure to comply with these levies could potentially impact the ability of Australian honey producers to export their products, thereby affecting the industry financially and operationally. The Regulations are compatible with human rights as they do not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is provided in Attachment B, which confirms that the Regulations do not raise any human rights issues. This compatibility ensures that the changes to the NRS levy rates do not infringe on the rights and freedoms of individuals or groups within the honey industry.

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Area of Law
Taxation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
Enforcement Powers
Catchwords
National Residue Survey
honey

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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.