HONEY INDUSTRY ACT 1962 [Note: This Act is "repealed" by Act No. 33 of 1988]
(#DATE 31:08:1981)
- Reprinted as at 31 August 1981
*1* The Honey Industry Act 1962 (a) as shown in this reprint comprises Act No.
105, 1962 as amended by the other Acts specified in the following table:
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
----------------------------------------------------------------------------
Honey Industry Act
1962 105, 1962 14 Dec 1962 1 Apr 1963 (see
Gazette 1963, p.
997)
Honey Industry Act
1965 71, 1965 22 Nov 1965 22 Nov 1965 -
Statute Law
Revision (Decimal
Currency) Act 1966 93, 1966 29 Oct 1966 1 Dec 1966 -
Honey Industry Act
1972 11, 1972 17 Apr 1972 17 Apr 1972 -
Honey Industry Act
1973 185, 1973 14 Dec 1973
1 Apr 1974 (see s.
2 and Gazette
1974, No. 27B, p.
1) -
Statute Law
Revision Act 1973 216, 1973
as
amended
by 20,
1974 19 Dec 1973 31 Dec 1973 Ss. 9 (1)
and 10
25 July 1974 31 Dec 1973 -
Administrative
Changes
(Consequential
Provisions) Act
1978 36, 1978 12 June 1978 12 June 1978 S. 8
Honey Industry
Amendment Act 1980 145, 1980
19 Sept 1980
Ss. 6 and 7: 1 Dec
1980
(see Gazette 1980,
No. G47, p. 3)
Remainder: Royal
Assent Ss. 5 (2)
and 7 (2)
Statute Law
Revision Act 1981 61, 1981 12 June 1981 S. 115: Royal
Assent(b) -
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.
(b) The Honey Industry Act 1962 was amended by section 115 only of the
Statute Law Revision Act 1981, section 2 of which provides that section 115
shall come into operation on Royal Assent.
HONEY INDUSTRY ACT 1962 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Objects of this Act
5. Interpretation
PART II-ESTABLISHMENT OF THE AUSTRALIAN HONEY BOARD
6. Establishment of Board
7. Constitution of the Board
7A. Polls of honey producers
8. Deputy Chairman
9. Meetings of the Board
10. Deputies of members
11. Termination of office of member or deputy of member
11A. Disclosure of interest by member, &c.
11B. Resignation of member or deputy of member
12. Executive Committee
13. Elections
14. Remuneration, &c.
15. Overseas representative
PART III-FUNCTIONS AND POWERS OF THE AUSTRALIAN HONEY
BOARD
16. Functions
17. Powers generally
18. Special powers
19. Board not to trade in honey
20. Staff
21. Delegation by Board
PART IV-EXPORT CONTROL
22. Regulations may prohibit export except on conditions
PART V-FINANCE
23. Moneys payable to Board out of Consolidated Revenue Fund
23A. Loans to be arranged by the Minister
24. Bank accounts
25. Application of moneys
26. Accounts and records to be kept
27. Audit
28. Taxation
PART VI-MISCELLANEOUS
29. Returns to the Board
30. Annual Report of Board
31. Operation of certain Acts not restricted
32. Regulations
HONEY INDUSTRY ACT 1962 - SECT. 1.
SECT
PART I-PRELIMINARY
1. This Act may be cited as the Honey Industry Act 1962.*1*
See notes to first article of this CHAPTER.
HONEY INDUSTRY ACT 1962 - SECT. 2.
Commencement
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
Section 3 repealed by No. 216, 1973 (as amended by No. 20, 1974), s. 3
* * * * * * * *
See notes to first article of this CHAPTER.
HONEY INDUSTRY ACT 1962 - SECT. 4.
Objects of this Act
SECT
4. (1) The objects of this Act are-
(a) to promote and control the export from Australia of honey;
(b) to promote trade and commerce in honey among the States, between States
and Territories and within the Territories; and
(c) to encourage the production, and the use, of honey in the Territories,
and this Act shall be construed and administered accordingly.
Amended by No. 145, 1980, s. 8
SECT
(2) The Board shall not perform its functions or exercise its powers except
for the purpose of achieving an object specified in sub-section (1).
HONEY INDUSTRY ACT 1962 - SECT. 5.
Interpretation
Sub-section (1) amended by No. 11, 1972, s. 3; No. 145, 1980, s. 8
SECT
5. (1) In this Act, unless the contrary intention appears- ''approved
bank'' means the Reserve Bank of Australia or another bank approved by the
Treasurer for the purposes of the provision in which the expression occurs;
''honey'' means honey produced in Australia;
''industry member'' means a member of the Board other than the member to
represent the Commonwealth;
''member'' means a member of the Board;
''poll'' means a poll referred to in sub-section 7 (6);
''the Auditor-General'' means the Auditor-General for the Commonwealth;
''the Board'' means the Australian Honey Board established by this Act;
''the Chairman'' means the Chairman of the Board;
''the Committee'' means the Executive Committee of the Board established by
section 12;
''the Deputy Chairman'' means the Deputy Chairman of the Board.
Added by No. 11, 1972, s. 3
SECT
(2) For the purposes of this Act-
(a) the Australian Capital Territory shall be deemed to be part of the
State of New South Wales;
(b) the Northern Territory shall be deemed to be part of the State of South
Australia; and
(c) a corporation shall be deemed to be ordinarily resident in the State in
which its principal office in Australia is situated.
HONEY INDUSTRY ACT 1962 - SECT. 6.
Establishment of Board
SECT
PART II-ESTABLISHMENT OF THE AUSTRALIAN HONEY BOARD
6. (1) For the purposes of this Act, there shall be an Australian Honey
Board.
(2) The Board-
(a) is a body corporate, with perpetual succession;
(b) shall have a common seal;
(c) is capable of acquiring, holding and disposing of real and personal
property; and
(d) may sue and be sued in its corporate name.
(3) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of the Board affixed to a document and shall presume
that it was duly affixed.
HONEY INDUSTRY ACT 1962 - SECT. 7.
Constitution of the Board
Substituted by No. 11, 1972, s. 4
Sub-section (1) amended by No. 145, 1980, s. 8
SECT
7. (1) The Board shall consist of-
(a) a member to represent the Commonwealth, who shall be the Chairman of
the Board;
(b) a member to represent honey producers in the State of New South Wales;
(c) a member to represent honey producers in the State of Victoria;
(d) a member to represent honey producers in the State of Queensland;
(e) a member to represent honey producers in the State of South Australia;
(f) a member to represent honey producers in the State of Western
Australia; and
(g) 4 members to represent honey packers.
(2) The members of the Board (other than the members to represent honey
producers) shall be appointed by the Minister in accordance with this section.
Amended by No. 145, 1980, s. 8
SECT
(3) For the purposes of the appointment of the members to represent honey
packers, each honey packer carrying on business in a State other than
Queensland or Tasmania may nominate 1 person for appointment, and the members
to represent honey packers shall be appointed from among persons so nominated,
but so that not more than 1 such member shall be appointed by virtue of the
nominations made by honey packers carrying on business in any 1 State.
Amended by No. 145, 1980, s. 8
SECT
(4) A honey packer carrying on business in more than 1 of the States other
than Queensland and Tasmania shall, in any nomination made by him under
sub-section (3), specify 1 of the States in which he carries on business as
the State in respect of which the nomination is made, and the State so
specified shall, for the purposes of that sub-section, be deemed to be the
only State in which he carries on business.
(5) Before appointing a member to represent honey packers, the Minister
shall, wherever practicable, consult representatives of honey packers.
(6) A member to represent honey producers in a State shall be elected by a
poll of honey producers taken in accordance with this Act.
(7) The member to represent the Commonwealth holds office during the
pleasure of the Minister.
Amended by No. 145, 1980, s. 8
SECT
(8) Subject to sub-section (10), a member to represent honey producers holds
office for a period of 3 years commencing on 1 July after the declaration of
the poll at which he is elected but is eligible for re-election.
Amended by No. 145, 1980, s. 8
SECT
(9) Subject to sub-section (10), a member to represent honey packers holds
office for 3 years but is eligible for re-appointment.
(10) The Minister may, on the death, resignation or removal from office of
an industry member, appoint a person to hold the vacant office for the
remainder of the period of office of the member.
(11) The exercise of a power or the performance of a function by the Board
is not invalidated by reason only of there being a vacancy or vacancies in the
membership of the Board.
HONEY INDUSTRY ACT 1962 - SECT. 7A.
Polls of honey producers
Inserted by No. 11, 1972, s. 4
SECT
7A. (1) The regulations may make provision for the taking of a poll,
including-
(a) provision for the determination of disputes arising out of the taking
of a poll; and
(b) provision for offences in connexion with a failure to apply for
enrolment for the purposes of, or a failure to vote at, a poll.
Amended by No. 145, 1980, s. 8
SECT
(2) A person is eligible to apply for enrolment for the purposes of a poll
if, at the time of application-
(a) he is the owner of at least 200 hives of bees; and
(b) he is ordinarily resident in the State to which the poll relates.
Amended by No. 145, 1980, s. 8
SECT
(3) A person is eligible to vote at a poll if, at the time of voting-
(a) he is enrolled for the purposes of the poll in accordance with the
regulations;
(b) he is the owner of at least 200 hives of bees; and
(c) he is ordinarily resident in the State to which the poll relates.
Amended by No. 145, 1980, s. 8
SECT
(4) The personal representative or personal representatives of a deceased
person or a trustee or trustees in whom, in that capacity, there is vested the
title to at least 200 hives of bees shall, for the purposes of a poll, be
deemed to be, in that capacity, a separate person who is ordinarily resident
in such State as is ascertained in relation to him or them in accordance with
the regulations.
(5) A person is eligible to become a candidate for election at a poll if, at
the time he becomes such a candidate, he is eligible to apply for enrolment
for the purposes of the poll.
HONEY INDUSTRY ACT 1962 - SECT. 8.
Deputy Chairman
SECT
8. (1) There shall be a Deputy Chairman of the Board, who shall be a member
of the Board elected by the members of the Board as the Deputy Chairman.
Amended by No. 145, 1980, s. 8
SECT
(2) The Deputy Chairman holds office for a period of 1 year, but is eligible
for re-election.
(3) The Deputy Chairman may resign his office as Deputy Chairman by writing
under his hand delivered to the Chairman.
(4) The Deputy Chairman ceases to hold office as Deputy Chairman if he
ceases to be a member of the Board.
HONEY INDUSTRY ACT 1962 - SECT. 9.
Meetings of the Board
SECT
9. (1) The Board shall hold meetings at such times and places as the Board
determines.
Amended by No. 145, 1980, s. 8
SECT
(2) The Chairman or, when the Chairman is outside Australia or the office of
Chairman is vacant, the Deputy Chairman, may, at any time, convene a meeting
of the Board and shall do so upon the request in writing of not less than 3
members.
(3) The Chairman shall preside at all meetings of the Board at which he is
present.
(4) In the absence of the Chairman from a meeting of the Board, the Deputy
Chairman, if he is present, shall preside.
Amended by No. 145, 1980, s. 8
SECT
(5) In the event of the absence of both the Chairman and the Deputy Chairman
from a meeting of the Board, the members present shall elect 1 of their number
to preside at that meeting.
Amended by No. 145, 1980, s. 8
SECT
(6) At a meeting of the Board, 6 members constitute a quorum.
(7) A question arising at a meeting of the Board shall be determined by a
majority of votes of the members present and voting.
(8) The member presiding at a meeting of the Board has a deliberative vote
and, in the event of an equality of votes, also has a casting vote.
(9) The Board shall keep a record of its proceedings.
(10) The Board may invite a person to attend a meeting of the Board for the
purpose of advising or informing the Board on any matter.
HONEY INDUSTRY ACT 1962 - SECT. 10.
Deputies of members
Sub-section (1) amended by No. 11, 1972, s. 5
SECT
10. (1) An industry member may appoint a person approved by the Minister to
be his deputy.
(2) A member may revoke the appointment of a person as his deputy, but the
revocation is not effective until the member has given notice in writing of
the revocation to the Minister.
(3) The deputy of a member is entitled, in the event of the absence of the
member from a meeting of the Board, to attend that meeting and, when so
attending, shall be deemed to be a member.
HONEY INDUSTRY ACT 1962 - SECT. 11.
Termination of office of member or deputy of member
Sub-section (1) amended by No. 11, 1972, s. 6
SECT
11. (1) The Minister may, at any time, on the recommendation of the Board,
remove from office an industry member.
Amended by No. 11, 1972, s. 6
SECT
(2) The Minister may remove from office an industry member or the deputy of
a member for incapacity, incompetence or misbehaviour.
Inserted by No. 11, 1972, s. 6; amended by No. 145, 1980, s. 8
SECT
(2A) Where the Minister becomes aware that a member to represent honey
producers has not, at all times since the commencement of his period of
office, been the owner of at least 200 hives of bees, the Minister shall
remove him from office.
Substituted by No. 145, 1980, s. 3
SECT
(3) If a member or the deputy of a member fails, without reasonable excuse,
to comply with his obligations under section 11A, the Minister shall terminate
his appointment.
HONEY INDUSTRY ACT 1962 - SECT. 11A.
Disclosure of interest by member, &c.
Inserted by No. 145, 1980, s. 4
SECT
11A. (1) A member, or the deputy of a member, who has a direct or indirect
pecuniary interest in a matter being considered or about to be considered by
the Board or the Executive Committee shall, as soon as possible after the
relevant facts have come to his knowledge, disclose the nature of his interest
at a meeting of the Board or of the Committee, as the case requires.
(2) A disclosure under sub-section (1) shall be recorded in the minutes of
the meeting of the Board or of the Executive Committee, as the case requires.
HONEY INDUSTRY ACT 1962 - SECT. 11B.
Resignation of member or deputy of member
Inserted by No. 145, 1980, s. 4
SECT
11B. (1) A member may resign his office by writing signed by him and
delivered to the Minister.
(2) A person may resign his office as deputy of a member by writing signed
by him and delivered to the member.
(3) A member shall, as soon as practicable after the resignation of his
deputy, give notice of the resignation to the Minister.
HONEY INDUSTRY ACT 1962 - SECT. 12.
Executive Committee
Sub-section (1) amended by No. 145, 1980, s. 8
SECT
12. (1) There shall be an Executive Committee of the Board consisting of-
(a) the Chairman of the Board; and
(b) 3 other members of the Board elected by the members of the Board, of
whom at least 1 shall be a member representing honey producers and at least 1
shall be a member representing honey packers.
Amended by No. 145, 1980, s. 8
SECT
(2) Members of the Committee other than the Chairman of the Board hold
office for a period of 1 year, but are eligible for re-election.
(3) The Committee shall hold meetings at such times and places as the
Committee determines.
(4) The Chairman of the Board or, when the Chairman is outside Australia or
the office of Chairman is vacant, the Deputy Chairman, may, at any time,
convene a meeting of the Committee.
(5) In the event of the absence of the Chairman of the Board from a meeting
of the Committee, the Deputy Chairman, if not already a member of the
Committee, is entitled to attend the meeting and, when so attending, shall be
deemed to be a member of the Committee.
Amended by No. 145, 1980, s. 8
SECT
(6) At a meeting of the Committee-
(a) 3 members form a quorum;
(b) the Chairman of the Board or, in his absence, the Deputy Chairman or,
in the absence of the Chairman and the Deputy Chairman, a member elected by
the members present to act as chairman of the Committee, shall preside;
(c) all questions shall be decided by a majority of votes of the members
present and voting and, in the event of an equality of votes of such members,
the question shall be deemed to have been decided in the negative; and
(d) the member presiding has a deliberative vote only.
(7) A member of the Committee, other than the Chairman of the Board, may
resign his office as a member of the Committee by writing under his hand
delivered to the Chairman.
(8) A member of the Committee ceases to hold office as such a member if he
ceases to be a member of the Board.
Amended by No. 145, 1980, s. 8
SECT
(9) If the place of a member of the Committee, other than the Chairman of
the Board, becomes vacant before the expiration of his term of office, the
members of the Board shall, subject to sub-section (1), elect another member
of the Board to hold the vacant place for the remainder of that term.
(10) The deputy of a member of the Board who is a member of the Committee is
entitled, in the event of the absence of the member from a meeting of the
Committee, to attend that meeting and, when so attending, shall be deemed to
be a member of the Committee.
(11) The Committee may invite a person to attend a meeting of the Committee
for the purposes of advising or informing the Committee on any matter.
(12) The exercise of a power or the performance of a function by the
Committee is not invalidated by reason only of there being a vacancy in the
membership of the Committee.
HONEY INDUSTRY ACT 1962 - SECT. 13.
Elections
SECT
13. (1) An election for the purposes of this Part by members of the Board
shall be held in such manner as the Board determines, and the right to vote at
such an election may, if the Board so determines, be confined to the members
of the Board who are present at a meeting of the Board.
Amended by No. 145, 1980, s. 8
SECT
(2) The Chairman of the Board shall certify in writing to the Minister the
results of an election referred to in sub-section (1), and a member named in
the certificate as having been elected at that election shall, for the
purposes of this Act, be conclusively presumed to have been duly elected at
that election.
HONEY INDUSTRY ACT 1962 - SECT. 14.
Remuneration, &c.
Substituted by No. 145, 1980, s. 5
SECT
14. (1) A member and a deputy of a member shall be paid such remuneration as
is determined by the Remuneration Tribunal.
(2) A member and a deputy of a member shall be paid such allowances as are
prescribed.
(3) Sub-sections (1) and (2) have effect subject to the Remuneration
Tribunals Act 1973.
(4) If a member or a deputy of a member is also a member of, or a candidate
for election to, the Parliament of the Commonwealth or of a State, he shall
not be paid remuneration or allowances under sub-section (1) or (2) but shall,
subject to the approval of the Minister, be reimbursed such expenses as he
reasonably incurs by reason of his attendance at meetings of the Board or of
the Committee or of his engagement (whether in Australia or overseas), with
the approval of the Board, on business of the Board.
(5) A person invited by the Board or by the Committee to attend a meeting of
the Board or of the Committee, as the case may be, may be paid in respect of
that attendance such fees and allowances as are prescribed.
HONEY INDUSTRY ACT 1962 - SECT. 15.
Overseas representative
SECT
15. (1) The Board may appoint a person or persons approved by the Minister
to represent the Board overseas.
(2) A person appointed under this section shall be appointed upon such terms
and conditions as the Board, with the approval of the Minister, determines.
HONEY INDUSTRY ACT 1962 - SECT. 16.
Functions
SECT
PART III-FUNCTIONS AND POWERS OF THE AUSTRALIAN HONEY BOARD
Amended by No. 145, 1980, s. 6
SECT
16. The functions of the Board are-
(a) to make recommendations to the Minister with respect to-
(i) the rate to be prescribed from time to time for the purposes of
paragraph 7 (1) (a) of the Honey Export Charge Act 1973;
(ii) the rate to be prescribed from time to time for the purposes of
paragraph 5 (1) (a) of the Honey Levy Act (No. 1) 1962; and
(iii) the rate to be prescribed from time to time for the purposes of
paragraph 5 (1) (a) of the Honey Levy Act (No. 2) 1962;
(b) to make recommendations to the Minister with respect to the making of
regulations under this Act or any other Act for the purpose of controlling the
export of honey from Australia;
(c) to make reports and suggestions to, and to formulate plans for the
consideration of, the Minister with respect to any matter affecting the honey
industry, including any matter relating to the export of honey from
Australia;
(d) to promote the consumption and sale, both in Australia and overseas, of
honey;
(e) to assist and encourage the improvement of the methods of production,
storage and transport of honey; and
(f) such functions in relation to the export, and the sale and distribution
after export, of honey as are conferred by or under this Act.
HONEY INDUSTRY ACT 1962 - SECT. 17.
Powers generally
Sub-section (1) amended by No. 145, 1980, s. 8
SECT
17. (1) Subject to sub-section (2), the Board has power to do all things
that are necessary or convenient to be done for or in connexion with the
performance of its functions.
Amended by No. 145, 1980, s. 8; No. 61, 1981, s. 115 paragraphs 16 (d) and
(e) (2) In the exercise of its powers in relation to the functions of the
Board specified in paragraphs 16 (d) and (e), the Board is subject to any
directions of the Minister.
HONEY INDUSTRY ACT 1962 - SECT. 18.
Special powers
Substituted by No. 71, 1965, s. 3
SECT
18. (1) For the purpose of performing its functions, the Board may-
(a) acquire honey by agreement with the owner of the honey and sell or
otherwise dispose of, either in Australia or overseas, honey so acquired;
(b) accept control of honey placed under its control for export from
Australia; and
(c) make an advance to the owner of honey on the security of the honey.
Amended by No. 145, 1980, s. 8
SECT
(2) For the purpose of securing a loan to the Board, the Board may give
security over honey acquired by the Board under sub-section (1).
Amended by No. 145, 1980, s. 8
SECT
(3) The Board has, with respect to honey of which it has accepted control
under sub-section (1), full authority to make such arrangements and give such
directions as it thinks fit for or in relation to any of the following
matters:
(a) the handling, storage and shipment of the honey;
(b) the insurance against loss of the honey, either in Australia, in
transit or overseas; and
(c) the sale or other disposal of the honey, either before or after export
from Australia.
Amended by No. 145, 1980, s. 8
SECT
(4) The Board shall, in relation to honey of which it has accepted control
under sub-section (1), be deemed to be the agent of the owner of the honey,
but without prejudice to the power of the Board to exercise, without the
authority of the owner, the powers conferred by sub-section (3).
Amended by No. 145, 1980, s. 8
SECT
(5) For the purposes of securing a loan to the Board, or, at the request of
the Board, to the owner of any honey of which the Board has accepted control
under sub-section (1), the Board has, by virtue of this Act and without
further authority, full power, on behalf of the owner of the honey, to give
security over the honey and to effect all mortgages and other instruments of
insurance in the same manner in all respects as if the Board were the legal
owner of the honey.
HONEY INDUSTRY ACT 1962 - SECT. 19.
Board not to trade in honey
SECT
19. Except as provided by or under this Act, the Board shall not trade in
honey.
HONEY INDUSTRY ACT 1962 - SECT. 20.
Staff
SECT
20. (1) Subject to this section, the Board may employ such persons as it
thinks necessary for the exercise of its powers.
(2) The terms and conditions of employment of persons employed under this
section are such as are, subject to the approval of the Public Service Board,
determined by the Board.
Amended by No. 216, 1973 (as amended by No. 20, 1974), s. 3; No. 145, 1980, s.
8
SECT
(3) Where a person employed under this section was, immediately before his
appointment, an officer of the Australian Public Service-
(a) he retains his existing and accruing rights; and
(b) for the purpose of determining those rights, his service as a person
employed by the Board shall be taken into account as if it were service in the
Australian Public Service.
Sub-section (4) omitted by No. 216, 1973 (as amended by No. 20, 1974), s. 3
* * * * * * * *
HONEY INDUSTRY ACT 1962 - SECT. 21.
Delegation by Board
SECT
21. (1) The Board may, by instrument in writing, delegate to the Committee,
either generally or to the extent provided in the instrument of delegation,
all or any of its powers under this Act (except this power of delegation) so
that the delegated powers may be exercised and performed by the Committee in
accordance with the instrument of delegation.
(2) A delegation under this section is revocable at will and does not
prevent the exercise of a power by the Board.
HONEY INDUSTRY ACT 1962 - SECT. 22.
Regulations may prohibit export except on conditions
SECT
PART IV-EXPORT CONTROL
22. (1) For the purpose of enabling the Board effectively to control the
export and the sale and distribution after export of honey, the regulations
may prohibit the export from Australia of honey by a person other than the
Board unless-
(a) the person holds a licence to export honey issued, on the
recommendation of the Board, by the Minister or by a person authorized by the
Minister;
(b) the Board has issued a permit to the person to export the honey and any
conditions contained in the permit are complied with; and
(c) the export is in accordance with such conditions and restrictions as
are prescribed.
Amended by No. 145, 1980, s. 8
SECT
(2) Regulations prescribing conditions or restrictions for the purposes of
paragraph (1) (c) shall not be made unless the conditions or restrictions, as
the case may be, have been recommended to the Minister by the Board.
(3) The regulations may provide that, except with the approval of the Board,
a person other than the Board shall not export honey from Australia unless an
arrangement has been made between the person and the Board for the sale and
disposal of the honey outside Australia by the Board on behalf of the person.
Amended by No. 145, 1980, s. 8
SECT
(4) Honey the exportation of which is prohibited by the regulations shall be
deemed to be a prohibited export for the purposes of the Customs Act 1901.
HONEY INDUSTRY ACT 1962 - SECT. 23.
Moneys payable to Board out of Consolidated Revenue Fund
SECT
PART V-FINANCE
Substituted by No. 185, 1973, s. 3; amended by No. 145, 1980, s. 7
SECT
23. There shall be paid to the Board out of the Consolidated Revenue Fund,
which is appropriated accordingly, amounts equal to-
(a) so much of the amounts from time to time received by the Commonwealth
as charge under the Honey Export Charge Act 1973 as is so received by virtue
of paragraph 7 (1) (a) of that Act;
(b) so much of the amounts from time to time received by the Commonwealth
as levy under the Honey Levy Act (No. 1) 1962 as is so received by virtue of
paragraph 5 (1) (a) of that Act;
(c) so much of the amounts from time to time received by the Commonwealth
as levy under the Honey Levy Act (No. 2) 1962 as is so received by virtue of
paragraph 5 (1) (a) of that Act;
(d) so much of the amounts from time to time received by the Commonwealth
in discharge of the liability (other than a liability in respect of a penalty
under sub-section 8 (1) of the Honey Levy Collection Act 1962) of a person
under sub-section 7 (1) of that Act in respect of amounts payable by virtue of
paragraph 5 (1) (a) of the Honey Levy Act (No. 1) 1962 or of paragraph 5 (1)
(a) of the Honey Levy Act (No. 2) 1962;
(e) so much of the amounts (if any) received by the Commonwealth as
penalties under section 6 of the Honey Export Charge Collection Act 1973 as
relates to amounts referred to in paragraph (a) of this section; and
(f) so much of the amounts (if any) received by the Commonwealth and
payable by way of penalty under section 8 of the Honey Levy Collection Act
1962 as relates to amounts referred to in paragraph (b), (c) or (d) of this
section.
HONEY INDUSTRY ACT 1962 - SECT. 23A.
Loans to be arranged by the Minister
Inserted by No. 71, 1965, s. 4
SECT
23A. With the concurrence of the Treasurer, the Minister may-
(a) arrange with the Reserve Bank of Australia for the making by the bank
of loans to the Board for the purpose of enabling the Board to acquire honey
or to make advances to the owners of honey; and
(b) guarantee to the bank the repayment, out of moneys made available by
the Parliament, of any loan made by the bank in pursuance of the arrangement.
HONEY INDUSTRY ACT 1962 - SECT. 24.
Bank accounts
SECT
24. (1) The Board may open and maintain an account or accounts with an
approved bank or approved banks and shall maintain at all times at least one
such account.
(2) The Board shall pay all moneys received by it into an account referred
to in this section.
(3) The regulations may prescribe the manner in which cheques drawn on an
account referred to in this section shall be signed.
HONEY INDUSTRY ACT 1962 - SECT. 25.
Application of moneys
Sub-section (1) amended by No. 145, 1980, s. 8
SECT
25. (1) Subject to sub-section (2), the moneys of the Board shall be applied
only-
(a) in payment or discharge of the expenses, obligations and liabilities of
the Board arising out of the performance of its functions, or the exercise of
its powers, under this Act; and
(b) in payment of remuneration, allowances or expenses payable to any
person (including a member of the Board) under this Act.
Amended by No. 145, 1980, s. 8
SECT
(2) Moneys of the Board not immediately required for any of the purposes
specified in sub-section (1) may be invested on fixed deposit with an approved
bank or in securities of the Commonwealth.
HONEY INDUSTRY ACT 1962 - SECT. 26.
Accounts and records to be kept
SECT
26. The Board shall keep proper accounts and records of the transactions and
affairs of the Board and shall do all things necessary to ensure that all
payments out of the moneys of the Board are properly authorized and correctly
made and that adequate control is maintained over the assets of, or in the
custody of, the Board and over the incurring of liabilities by the Board.
HONEY INDUSTRY ACT 1962 - SECT. 27.
Audit
SECT
27. (1) The Auditor-General shall inspect and audit the accounts and records
of financial transactions of the Board and shall forthwith draw the Minister's
attention to any irregularity revealed by the inspection and audit that, in
the opinion of the Auditor-General, is of sufficient importance to justify his
so doing.
(2) The Auditor-General or an officer authorized by him is entitled at all
reasonable times to full and free access to all accounts, records, documents,
and papers of the Board relating directly or indirectly to the receipt or
payment of moneys by the Board or to the acquisition, receipt, custody or
disposal of assets of the Board.
(3) The Auditor-General or an officer authorized by him may make copies of
or take extracts from any such accounts, records documents or papers.
(4) The Auditor-General or an officer authorized by him may require a member
of the Board or a member of the staff of the Board to furnish him with such
information in the possession of that person or to which that person has
access as the Auditor-General or authorized officer considers necessary for
the purposes of an inspection or audit under this Act, and that person shall
comply with the requirement.
HONEY INDUSTRY ACT 1962 - SECT. 28.
Taxation
SECT
28. (1) Subject to this section, the Board is subject to taxation (other
than taxes on income) under the laws of the Commonwealth, but is not subject
to taxation under a law of a State or Territory of the Commonwealth to which
the Commonwealth is not subject.
(2) Stamp duty under the law of a State or a Territory of the Commonwealth
is payable by the Board and in respect of transactions entered into, and
instruments and documents executed, by or on behalf of the Board.
HONEY INDUSTRY ACT 1962 - SECT. 29.
Returns to the Board
SECT
PART VI-MISCELLANEOUS
29. (1) The Board may require a person to furnish, within such time as is
specified by the Board, any returns or information in relation to the honey
industry that is, in the opinion of the Board, required to enable it to
perform its functions or exercise its powers under this Act.
Amended by No. 93, 1966, s. 3; No. 145, 1980, s. 8
SECT
(2) A person shall not, without reasonable excuse, refuse or fail to comply
with a requirement under the last preceding sub-section.
Penalty: $200.
HONEY INDUSTRY ACT 1962 - SECT. 30.
Annual Report of Board
Substituted by No. 71, 1965, s. 5
Sub-section (1) amended by No. 36, 1978, s. 3; No. 145, 1980, s. 8
SECT
30. (1) The Board shall, as soon as practicable after each 30 June occurring
after the commencement of this section, prepare and furnish to the Minister a
report on the operation of this Act during the year ended on that date,
together with financial statements in respect of that year in such form as the
Minister for Finance approves.
(2) Before furnishing the financial statements to the Minister, the Board
shall submit them to the Auditor-General, who shall report to the Minister-
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records
and show fairly the financial operations and state of the affairs of the
Board;
(c) whether the receipt, expenditure and investment of moneys, and the
acquisition and disposal of assets, by the Board during the year have been in
accordance with this Act; and
(d) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.
Amended by No. 145, 1980, s. 8
SECT
(3) The Minister shall cause the report and financial statements of the
Board, together with the report of the Auditor-General, to be laid before each
House of the Parliament within 15 sitting days of that House after their
receipt by the Minister.
HONEY INDUSTRY ACT 1962 - SECT. 31.
Operation of certain Acts not restricted
Amended by No. 145, 1980, s. 8
SECT
31. Nothing in this Act or the regulations restricts the operation of the
Customs Act 1901 or the Commerce (Trade Descriptions) Act 1905 or the
regulations made under either or both of those Acts.
HONEY INDUSTRY ACT 1962 - SECT. 32.
Regulations
Amended by No. 11, 1972, s. 8; No. 145, 1980, s. 8
SECT
32. 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 and, in particular, prescribing pecuniary penalties,
not exceeding a fine of $100, for offences against the regulations.
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