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Honey Export Charge Collection Act 1973

Act No. 184 of 1973 as amended, taking into account amendments up to Act No. 39 of 1983
Registered 26 Nov 2009
Start Date 18 Jul 1983
End Date 01 Jul 1999
Date of repeal 01 Jul 1991
Repealed by Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991

HONEY EXPORT CHARGE COLLECTION ACT 1973 [Note: This Act is "repealed" by Act No. 26 of 1991]
(#DATE 31:08:1983)

- Reprinted as at 31 August 1983
*1* The Honey Export Charge Collection Act 1973 as shown in this reprint comprises Act No. 184, 1973 amended as indicated in the Tables below.
Table of Acts
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
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Honey Export Charge
Collection Act 1973 184, 1973 14 Dec
1973 1 Apr 1974: (see
Gazette 1974, No.
27B, p. 1)
Statute Law
(Miscellaneous
Provisions) Act
(No. 1) 1983 39, 1983 20 June
1983 S. 3: 18 July
1983 (a) S. 7 (5)
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(a) The Honey Export Charge Collection Act 1973 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, sub-section 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent."
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
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Provision affected How affected
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S. 6 . . . . . . . . am. No. 39, 1983
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HONEY EXPORT CHARGE COLLECTION ACT 1973 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Section

1. Short title

2. Commencement

3. Interpretation

4. Due date for payment

5. Recovery of charge

6. Penalty for non-payment

7. Offences relating to returns, &c.

8. Access to premises

9. Regulations

HONEY EXPORT CHARGE COLLECTION ACT 1973 - LONG TITLE

SECT

An Act to make provision for and in relation to the Collection of the Charge imposed by the Honey Export Charge Act 1973

HONEY EXPORT CHARGE COLLECTION ACT 1973 - SECT 1
Short title

SECT

1. This Act may be cited as the Honey Export Charge Collection Act 1973.*1*

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

HONEY EXPORT CHARGE COLLECTION ACT 1973 - SECT 2
Commencement

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*1*

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

HONEY EXPORT CHARGE COLLECTION ACT 1973 - SECT 3
Interpretation

SECT

3. In this Act, unless the contrary intention appears-
"authorized person" means a person appointed by the Minister, in writing, to be an authorized person for the purposes of this Act;
"charge" means the charge imposed by the Honey Export Charge Act 1973 ;
"honey" means honey that is produced in Australia;
"month" means a month of the year.

HONEY EXPORT CHARGE COLLECTION ACT 1973 - SECT 4
Due date for payment

SECT

4. The amount of the charge on honey exported from Australia is due for payment upon the expiration of 28 days after the last day of the month in which the honey is exported.

HONEY EXPORT CHARGE COLLECTION ACT 1973 - SECT 5
Recovery of charge

SECT

5. The following amounts may be recovered by Australia as debts due to Australia:

(a) an amount of charge that is due for payment; and
(b) an amount payable by way of penalty under section 6.

HONEY EXPORT CHARGE COLLECTION ACT 1973 - SECT 6
Penalty for non-payment

SECT

6. (1) Where the liability of a person to pay any charge is not discharged on or before the date on which the charge is due for payment, there is payable by that person to Australia by way of penalty, in addition to that charge, an amount calculated at the rate of 20% per annum upon that charge or upon that part of that charge from time to time remaining unpaid, to be computed from the time when that charge became due for payment.

(2) The Minister or, subject to sub-section (3), an authorized person may, in a particular case, for a reason that the Minister or the authorized person, as the case may be, in his discretion, thinks sufficient, remit the whole or a part of an amount payable under this section.

(3) A remission granted under sub-section (2) by an authorized person shall not exceed $5.

HONEY EXPORT CHARGE COLLECTION ACT 1973 - SECT 7
Offences relating to returns, &c.

SECT

7. A person shall not-
(a) fail or neglect duly to furnish a return or information that he is required under the regulations to furnish; or
(b) furnish, in pursuance of the regulations, a return or information that is false or misleading in a material particular.

Penalty: $200.

HONEY EXPORT CHARGE COLLECTION ACT 1973 - SECT 8
Access to premises

SECT

8. (1) An authorized person may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an authorized person under this section.

(2) Where an authorized person has reason to believe that there are on any premises books, documents or papers relating to the export of honey in respect of which charge is, or may be, payable, the authorized person may make application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for the purpose of exercising the functions of an authorized person under this section.

(3) If, on an application under sub-section (2), the Justice of the Peace is satisfied, by information on oath or affirmation-
(a) that there is reasonable ground for believing that there are on the premises to which the application relates any books, documents or papers relating to the export of honey in respect of which charge is, or may be, payable; and
(b) that the issue of the warrant is reasonably required for the purposes of this Act,
the Justice of the Peace may grant a warrant authorizing the authorized person, with such assistance as he thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an authorized person under this section.

(4) Where an authorized person has entered any premises in pursuance of sub-section (1) or in pursuance of a warrant granted under sub-section (3), he may exercise the functions of an authorized person under this section.

(5) A person shall not, without reasonable excuse, obstruct or hinder an authorized person acting in pursuance of a warrant granted under sub-section (3) or in pursuance of sub-section (4).

Penalty: $200.

(6) The functions of an authorized person under this section are to search for, inspect, take extracts from, and make copies of, any books, documents or papers relating to the export of honey in respect of which charge is, or may be, payable.

HONEY EXPORT CHARGE COLLECTION ACT 1973 - SECT 9
Regulations

SECT

9. 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 or for facilitating the collection or recovery of any debt due to Australia under this Act and, in particular-
(a) providing for the manner of payment of charge and other moneys payable to Australia under this Act;
(b) requiring persons to keep records relating to the export of honey;
(c) requiring exporters to furnish returns or information relating to the export of honey to such persons as are prescribed;
(d) prescribing the form of warrant for the purpose of section 8; and
(e) prescribing penalties, not exceeding a fine of $200, for offences against the regulations.