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Honey Levy Collection Regulations

Authoritative Version
SR 1963 No. 16 Regulations as made
Principal Regulations
Gazetted 25 Feb 1963
Date of repeal 01 Jul 1991
Repealed by Repeal of the enabling legislation by Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991

STATUTORY RULES.

1963. No. 16

REGULATIONS UNDER THE HONEY LEVY COLLECTION

ACT 1962.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Honey Levy Collection Act 1962.

Dated this

day of February,1963.

DE LISLE

Governor-General.

By His Excellency’s Command,

(sgd.)C.F. ADERMANN

Minister of State for Primary Industry.

HONEY LEVY COLLECTION REGULATIONS.

Citation.

1. These Regulations may be cited as the Honey Levy Collection Regulations.

Interpretation.

2.—(1.) In these Regulations, unless the contrary intention appears— “authorized agent” means a person appointed in pursuance of regulation 7 of these Regulations to be an authorized agent;

“honey” means honey—

(a) produced in Australia on or after the first day of March, 1963; or

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

“return” means a return required to be furnished to the Secretary in pursuance of sub-regulation (1.) of regulation 4 of these Regulations;

“Territory” means Territory of the Commonwealth.

(2.) In these Regulations—

(a) a reference to a Schedule by number shall be read as a reference to the Schedule so numbered to these Regulations; and

(b) a reference to a form by number shall be read as a reference to the form so numbered in the Second Schedule.

Manner of payment of levy, &c.,

3. The payment of levy or other amounts payable to the Commonwealth by a person under the Honey Levy Collection Act 1962 with respect to honey sold by the person, whether on his own behalf or on behalf of another

* Notified in the Commonwealth Gazette on 25th February, 1963.

11671/62,—Price 3d.                                                                                                      9/24.1.1963.


person, or used by the person shall be made to the Collector of Public Moneys, Department of Primary Industry at the place the name of which is specified in column 2 of the table in the First Schedule opposite to the name in column 1 of that table of the State or Territory in which the first-mentioned person was carrying on the business in the course of carrying on which the honey was sold or used.

Returns.

4.—(1.) Subject to the next succeeding sub-regulation, a person who, during a month—

(a) sells, otherwise than to or through a listed honey dealer, honey of which he is the producer;

(b) being a listed honey dealer, sells honey on behalf of the producer of the honey;

(c) sells on his own behalf honey of which he is not the producer; or

(d) uses honey in the production of other goods,

shall, within 28 days after the last day of that month, furnish to the Secretary a return in accordance with Form 1 with respect to all honey sold by him on his own behalf or, if he is a listed honey dealer, on behalf of the producer of the honey, or used by him in the production of other goods, during that month.

(2.) A person who sells or uses honey on which levy has been imposed by reason of a previous sale of the honey is not, by reason only of that first-mentioned sale or of that use, as the case may be, required to furnish a return under the last preceding sub-regulation.

(3.) A return shall be accompanied by—

(a) where the return relates to honey that the person furnishing the return has placed on board a ship or aircraft for export from Australia—a copy of the export entry made under section 114 of the Customs Act 1901-1960 in respect of that honey; or

(b) where the return relates to honey in respect of which the purchaser of the honey has given a certificate for the purposes of paragraph (d) of sub-section (2.) of section 4 of the Honey Levy Act (No. 1) 1962—that certificate.

(4.) A return with respect to honey sold or used by a person shall be lodged with the Collector of Public Moneys, Department of Primary Industry at the place the name of which is specified in column 2 of the table in the First Schedule opposite to the name in column 1 of that table of the State or Territory in which the person was carrying on the business in the course of carrying on which the honey was sold or used.

Export entry for honey exported after return has been furnished.

5. Where—

(a) a person furnishes a return relating to honey sold under a contract of sale providing for the honey to be delivered to a place outside Australia or to be placed on board a ship or aircraft for export from Australia; and

(b) the person has not, when the return is furnished, placed the honey on board a ship or aircraft for export from Australia,

the person shall, within seven days after the day on which he places the honey on board a ship or aircraft for export from Australia, send to the officer with whom the return was lodged a copy of the export entry made under section 114 of the Customs Act 1901-1960 in respect of the honey.

Penalty: Fifty pounds.


Proper records to be kept.

6. A person who, at any time during a month, becomes a producer of honey, is a listed honey dealer or uses honey in the production of other goods shall keep proper records showing—

(a) the amount of honey, if any, on hand at the beginning of the month;

(b) the amount of honey, if any, of which the person became the producer during the month;

(c) the amount of honey, if any, purchased during the month by the person and, if honey was purchased, the details of each purchase;

(d) the amount of honey, if any, sold during the month by the person on his own behalf and, if honey was sold, the details of each sale;

(e) the amount of honey, if any, sold during the month by the person, being a listed honey dealer, on behalf of the producer of the honey and, if honey was sold, the details of each sale;

(f) the amount of honey, if any, used during the month, by the person in the production of other goods; and

(g) the amount of honey, if any, otherwise disposed of during the month by the person and, if honey was otherwise disposed of, the details of each disposal.

Penalty: One hundred pounds.

Authorized agents.

7.—(1.) A person may appoint another person to be his authorized agent for the purpose of executing on behalf of the first-mentioned person the declaration set out in Form 1.

(2.) The appointment of an authorized agent by a person—

(a) shall be in accordance with Form 2; and

(b) shall be lodged with the Collector of Public Moneys with whom the person is required to lodge his returns.

THE SCHEDULES.

FIRST SCHEDULE.

Regulations 3 and 4.

Column 1.

Column 2.

Name of State or Territory.

Name of Place.

New South Wales .......................................................................................

Sydney

Victoria ......................................................................................................

Melbourne

Queensland ................................................................................................

Brisbane

South Australia ..........................................................................................

Adelaide

Western Australia .......................................................................................

Perth

Tasmania ...................................................................................................

Hobart

Australian Capital Territory ........................................................................

Canberra

Northern Territory of Australia ..................................................................

Canberra

 


SECOND SCHEDULE.

Form 1.                                                                                                                               Regulation 4.

Commonwealth of Australia.

Honey Levy Collection Act 1962.

RETURN OF HONEY SOLD OR USED IN THE PRODUCTION OF OTHER GOODS.

(a) Insert name of month.

(b) Insert number of year.

(c) Insert name and address of person furnishing return.

To the Secretary to the Department of Primary Industry.

Particulars of Honey sold, or used in the production of other goods, during the month of (a)     in the year (b) by (c)

are as follows:—

Circumstances of sale or use of Honey.

Amount of honey in pounds.

Amount of levy per pound of honey.

Amount of levy payable.

 

 

Pence.

£

s.

d.

1. Honey sold, or used in the production of other goods, in circumstances other than those set out below ................................

 

 

 

 

 

2. Honey sold by the person furnishing this return, being a listed honey dealer, on behalf of the producer of the honey in circumstances other than those set out below ................................

 

 

 

 

 

3. Honey sold, being honey on which levy has been imposed by the Honey Levy Act (No. 1) 1962 by reason of a previous sale of the honey...........................................................................................

 

nil

 

nil

 

4. Honey sold under a contract of sale providing for the honey to be delivered to a place outside Australia or to be placed on board a ship or aircraft for export from Australia ...................

 

nil

 

nil

 

5. Honey, the producer of which was the person furnishing this return, sold to a listed honey dealer ...........................................

 

nil

 

nil

 

6. Honey sold, being honey in respect of which the purchaser has given a certificate for the purposes of paragraph (d) of sub-section (2.) of section 4 of the Honey Levy Act (No. 1) 1962........

 

nil

 

nil

 

7. Honey used in the production of other goods, being honey on which levy has been imposed by the Honey Levy Act (No. 1) 1962 .......................................................................................................

 

nil

 

nil

 

 

Total ..

 

 

 

 

(d) Insert full name and address of person declaring.

(c) Insert “person furnishing this return” or “authorized agent of the person furnishing this return”, whichever is applicable.

Declaration.

I, (d)                                                                                             , hereby declare—

1. That I am the (c)

2. That the information contained in this return is true in every particular.

Declared at                                                , this                                         day of               , 19   .

(Signature and address of witness)                                                 (Signature of person declaring.)

Form 2.                                                                                                                               Regulation 7.

Commonwealth of Australia.

Honey Levy Collection Act 1962.

APPOINTMENT OF AUTHORIZED AGENT.

(a) Insert full name and address of principal.

(b) Insert full name, address and occupation of agent.

To the Secretary to the Department of Primary Industry.

1, (a)                                                                                                             hereby appoint (b)

                                            , a specimen of whose signature appears hereunder, to be my authorize agent for the purpose of executing on my behalf the declaration set out in Form in the Second Schedule to the Honey Levy Collection Regulations.

Declared at                                                , this                                         day of               , 19   .

(Signature of agent.)                                                                       (Signature of principal.)

(Signature and address of witness.)

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.