Legislation (Deferral of Sunsetting—Regulations for Certificate of Intention to Export Honey) Certificate 2017

I, George Brandis QC, Attorney‑General, make the following certificate.

Dated 1 March 2017

George Brandis QC

Attorney‑General

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Statements of reasons for issue of certificate

6 Deferral of sunsetting of the Honey Levy (No. 1) (Certificate of Intention to Export) Regulations

7 Repeal of this instrument

1  Name

  This instrument is the Legislation (Deferral of Sunsetting—Regulations for Certificate of Intention to Export Honey) Certificate 2017.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under paragraph 51(1)(c) of the Legislation Act 2003.

4  Definitions

  In this instrument:

Act means the Legislation Act 2003.

National Residue Survey Act means the National Residue Survey (Excise) Levy Act 1998.

Primary Industries Act means the Primary Industries (Excise) Levies Act 1999.

5  Statements of reasons for issue of certificate

  For the purposes of paragraph 51(2)(a) of the Act, this section sets out the statement of the reasons for the issue of this certificate.

Statement of reasons

  I am satisfied that the Honey Levy (No. 1) (Certificate of Intention to Export) Regulations (the Regulations), made under paragraph 2(2)(c) of Schedule 14 to the Primary Industries Act, would, apart from the operation of Part 4 of Chapter 3 of the Act, be likely to cease to be in force within 12 months after the sunsetting day for the Regulations.

  Levy is imposed, under the Primary Industries Act and the National Residue Survey Act, on the sale of honey produced in Australia. Each levy is subject to exemptions, one of which applies when the buyer of the honey gives the seller of the honey a certificate (in the prescribed form) of the buyer’s intention to export the honey (the certificate exemption). The Regulations prescribe the form for the certificate.

  The Commonwealth Government will seek to repeal the certificate exemption from the Primary Industries Act and the National Residue Survey Act, and repeal the Regulations. Until the certificate exemption is repealed, the prescribed form needs to be available for any buyer who may wish to use that exemption process.

  The Regulations are due to sunset on 1 April 2017. A 12 month deferral of the sunsetting day will avoid the need to remake the Regulations in their current form for the short period before the Regulations are expected to be repealed.

6  Deferral of sunsetting of the Honey Levy (No. 1) (Certificate of Intention to Export) Regulations

  The Honey Levy (No. 1) (Certificate of Intention to Export) Regulations, for which the sunsetting day is 1 April 2017, are taken to cease to be in force under section 51 of the Act on 1 April 2018.

7  Repeal of this instrument

  This instrument is repealed at the start of 2 April 2018.