Commonwealth Consolidated Acts

PRIMARY INDUSTRIES (CUSTOMS) CHARGES ACT 1999 - SCHEDULE 9

1   Definitions

                   In this Schedule:

"honey" means honey that is produced in Australia.

"industry services body" means the industry services body declared under section 9 of the Horticulture Marketing and Research and Development Services Act 2000 .

"producers' organisation" means the organisation known as the Australian Honey Bee Industry Council, or, if another organisation is prescribed for the purposes of this definition, that other organisation.

R&D authority means:

                     (a)  where charge imposed by this Schedule 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

                     (b)  where charge imposed by this Schedule 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   Imposition of charge

             (1)  Charge is imposed on honey that is exported from Australia after the commencement of this Schedule.

             (2)  Charge is not imposed by this Schedule on honey included in a class of honey declared by the regulations to be a class of honey that is exempt from charge.

             (3)  Charge is not imposed by this Schedule on honey on which levy imposed by clause 2 of Schedule 14 to the Primary Industries (Excise) Levies Act 1999 or by the repealed Honey Levy Act (No. 1) 1962 has been paid or is payable.

             (4)  If, in any month, a person exports honey on which charge is imposed by this Schedule but the weight of the total quantity of such honey exported by the person in that month does not exceed 50 kilograms, charge is not payable under this Schedule in respect of honey exported by the person in that month.

3   Rate of charge

                   The rate of charge imposed by this Schedule on honey is:

                     (a)  a charge at the rate of 0.75 cent per kilogram; or

                     (b)  if another rate, not exceeding 1.50 cents per kilogram, is prescribed for the purposes of this clause, that other rate.

4   Who pays the charge

                   Charge imposed by this Schedule on honey exported from Australia is payable by the producer of the honey.

5   Regulations

             (1)  Before the Governor‑General makes regulations for the purposes of subclause 2(2), the Minister must take into consideration any relevant recommendation made to the Minister by the producers' organisation.

             (2)  The producers' organisation must not make a recommendation to the Minister under subclause (1) unless it has consulted the industry services body in relation to the recommendation.

             (3)  Before the Governor‑General makes regulations for the purposes of clause 3, the Minister must take into consideration any relevant recommendation made to the Minister by the R&D authority or by the producers' organisation.

6   Transitional--regulations

             (1)  This clause applies to regulations if:

                     (a)  the regulations were made for the purposes of a particular provision of the Honey Export Charge Act 1973 ; and

                     (b)  the regulations were in force immediately before the commencement of this clause.

             (2)  The regulations have effect, after the commencement of this clause, as if they had been made for the purposes of the corresponding provision of this Schedule.