An Act to impose a Levy on certain Honey produced in Australia and sold

1 Short title [see Note 1]

This Act may be cited as the Honey Levy Act (No. 1) 1962.

2 Commencement [see Note 1]

This Act shall come into operation on the day on which it receives the Royal Assent.

3A Interpretation

(1) In this Act:

Corporation means the Australian Horticultural Corporation.

producers’ organisation means the organisation known as the Federal Council of Australian Apiarists’ Associations, or, if another organisation is for the time being prescribed for the purposes of this definition, that other organisation.

R & D authority means:

(a) where the levy is not attached to an R & D Corporation or R & D Fund under section 5 of the Primary Industries and Energy Research and Development Act 1989—the Honey Research Council established under subsection 11(2) of the Rural Industries Research Act 1985; or

(b) where the levy is attached to an R & D Corporation under section 5 of the Primary Industries and Energy Research and Development Act 1989—the R & D Corporation; or

(c) where the levy is attached to an R & D Fund under section 5 of that Act—the R & D Council in respect of which the R & D Fund is established under that Act.

R & D Corporation has the same meaning as in the Primary Industries and Energy Research and Development Act 1989.

R & D Council has the same meaning as in the Primary Industries and Energy Research and Development Act 1989.

R & D Fund has the same meaning as in the Primary Industries and Energy Research and Development Act 1989.

(2) Unless the contrary intention appears, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in the Primary Industries Levies and Charges Collection Act 1991 for the purposes of that Act has the same meaning in this Act as in the Primary Industries Levies and Charges Collection Act 1991.

4 Imposition of levy [see Note 2]

(1) Subject to subsection (2), a levy is imposed on honey that is sold on or after a date to be fixed by the Minister by notice in the Gazette, being honey:

(a) produced in Australia on or after that date; or

(b) produced in Australia before that date and remaining in the ownership of the producer immediately before that date.

(2) Levy is not imposed under subsection (1) by reason of a sale of honey if:

(a) levy has been imposed by this Act on the honey by reason of a previous sale of the honey;

(b) the honey is, under the contract of sale:

(i) to be delivered to a place outside Australia; or

(ii) to be placed on board a ship or aircraft for export from Australia;

(d) the purchaser gives to the vendor a certificate in accordance with the prescribed form of the purchaser’s intention to export the honey, and neither the vendor nor any other person has, with respect to a previous sale of the honey, given a certificate for the purposes of this paragraph.

5 Rates of levy

(1) The levy imposed on honey by this Act is the sum of:

(a) a levy at the rate of 1.80 cents per kilogram of honey or, if another rate, not exceeding 5 cents per kilogram of honey, is for the time being prescribed for the purposes of this paragraph, that other rate; and

(b) a levy at the rate of 0.25 cent per kilogram of honey or, if another rate, not exceeding 0.75 cent per kilogram of honey, is for the time being prescribed for the purposes of this paragraph, that other rate.

(2) Before making regulations prescribing a rate for the purposes of paragraph (1)(a) or making regulations that amend or repeal regulations made for those purposes, the Governor‑General shall take into consideration any recommendation with respect to the rate made to the Minister by the producers’ organisation.

(2A) The producers’ organisation must not make a recommendation to the Minister unless it has consulted with the Corporation in relation to the recommendation.

(3) Before making regulations prescribing a rate for the purposes of paragraph (1)(b) or making regulations that amend or repeal regulations made for those purposes, the Governor‑General shall take into consideration any recommendation with respect to the rate made to the Minister by the R & D authority or by the producers’ organization.

6 Levy payable by vendor

Where, by reason of a sale of honey, levy is imposed on the honey by this Act, the levy is payable by the producer.

6A Exemptions

(1) Levy imposed by this Act is not payable in respect of honey sold by a person (not being honey sold by the producer by prescribed sale) in a month if the honey sold by the person in that month, together with the honey, if any, used by the person in that month in the production of other goods, weighs not more than 50 kilograms.

(1A) Levy imposed by this Act is not payable in respect of honey that, in a year, is sold by the producer by prescribed sale if the honey so sold by the producer in that year, together with the honey, if any, used by the producer in that year in the production of other goods, weighs not more than 600 kilograms.

(2) Levy is not payable by a person included in a prescribed class of persons.

(3) Before making regulations prescribing a class of persons for the purposes of subsection (2), the Governor‑General shall take into consideration any recommendation with respect to the proposed regulations made to the Minister by the producers’ organisation.

(4) The producers’ organisation must not make a recommendation to the Minister unless it has consulted with the Corporation in relation to the recommendation.

7 Regulations

The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Notes to the Honey Levy Act (No. 1) 1962

Note 1

The Honey Levy Act (No. 1) 1962 as shown in this consolidation comprises Act No. 106, 1962 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 14 May 1999 is not included in this compilation. For subsequent information see Table A.

Table of Acts

	Act		Number and year		Date of Assent		Date of commencement	Application, saving or transitional provisions
Honey Levy Act (No. 1) 1962		106, 1962		14 Dec 1962		14 Dec 1962
Honey Levy Act (No. 1) 1965		72, 1965		22 Nov 1965		22 Nov 1965			—
Honey Levy Act (No. 1A) 1965		141, 1965		18 Dec 1965		14 Feb 1966			—
Honey Levy Act (No. 1) 1973		187, 1973		14 Dec 1973		11 Jan 1974			—
Honey Levy (No. 1) Amendment Act 1980		147, 1980		19 Sept 1980		1 Dec 1980 (see s. 2 and Gazette 1980, No. G47)			S. 4(2)
Honey Levy Legislation Amendment Act 1985		5, 1985		29 Mar 1985		Ss. 1 and 2: Royal Assent Remainder: 1 Jan 1986			—
Rural Industries Research (Transitional Provisions and Consequential Amendments) Act 1985		103, 1985		3 Oct 1985		3 Oct 1985			Ss. 2(2) and 4‑10
Honey Levy (No. 1) Amendment Act 1988		31, 1988		11 May 1988		1 Jan 1989 (see s. 2 and Gazette 1988, No. S399)			S. 4(2)
Primary Industries and Energy Research and Development Act 1989		17, 1990		17 Jan 1990		Ss. 9, 26(2), 31(2), 36(2) and 39(2), Part 3 (ss. 92‑121), s. 156 and Schedule 1: 1 July 1990 Remainder: Royal Assent			—
Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991		26, 1991		1 Mar 1991		1 July 1991 (see s. 2)			—
Honey Levy (No. 1) Amendment Act 1991		153, 1991		21 Oct 1991		21 Oct 1991			—
Honey Legislation (Repeal and Amendment) Act 1992		122, 1992		17 Oct 1992		1 Jan 1993			—
Primary Industries Levies and Charges (Consequential Amendments) Act 1999		32, 1999		14 May 1999		Schedule 1 (items 45, 46): 1 July 1999 (a)			Sch. 1 (item 46) [see Table A]

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3....................	rep. No. 26, 1991
S. 3A...................	ad. No. 72, 1965
	rs. No. 147, 1980
	am. No. 103, 1985; No. 31, 1988; No. 17, 1990; No. 26, 1991; No. 122, 1992
S. 4....................	am. No. 147, 1980
S. 5....................	am. No. 72, 1965; No. 141, 1965; No. 187, 1973
	rs. No. 147, 1980
	am. No. 103, 1985; No. 31, 1988; No. 17, 1990; No. 153, 1991; No. 122, 1992
S. 6....................	am. No. 26, 1991
S. 6A...................	ad. No. 72, 1965
	am. No. 187, 1973; No. 147, 1980; No. 5, 1985; No. 122, 1992