Honey Export Charge Amendment Act 1988

No. 30 of 1988

An Act to amend the Honey Export Charge Act 1973, and for related purposes

[Assented to 11 May 1988]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Honey Export Charge Amendment Act 1988.

(2) In this Act, “Principal Act” means the Honey Export Charge Act 19731.

Commencement

2. This Act commences on the day on which section 4 of the Honey Marketing Act 1988 commences.

Interpretation

3. Section 4 of the Principal Act is amended:

(a) by omitting the definitions of “Board” and “producers’ organization” and substituting respectively the following definitions:

“ ‘Board’ means the Australian Honey Board continued in existence by section 4 of the Honey Marketing Act 1988;

‘producers’ organisation’ means the organisation known as the Federal Council of Australian Apiarists’ Associations, or, if another organisation is for the time being prescribed for the purposes of this definition, that other organisation.”;

(b) by inserting the following definition:

“ ‘packers’ organisation’ means the organisation known as the Honey Packers Association of Australia, or, if another organisation is for the time being prescribed for the purposes of this definition, that other organisation;”.

Rates of levy

4. (1) Section 7 of the Principal Act is amended by inserting after subsection (2) the following subsections:

“(2a) The Board shall not make any recommendation to the Minister with respect to the rate unless:

(a) it has consulted with the producers’ organisation and with the packers’ organisation in relation to the recommendation; and

(b) both the producers’ organisation and the packers’ organisation have agreed to a new rate being prescribed.

“(2b) The Board shall not recommend to the Minister the prescribing of a rate that exceeds the rate agreed to by the producers’ organisation, or the rate agreed to by the packers’ organisation, in consultations with the Board in relation to the recommendation.”.

(2) Nothing in subsection 7 (2a) or (2b) of the Principal Act as amended by this Act affects the validity of regulations made under section 9 of the Principal Act before the commencement of this Act.

5. Section 9 of the Principal Act is repealed and the following section is substituted:

Regulations

“9. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.”.

NOTE

1. No. 183, 1973, as amended. For previous amendments, see No. 146, 1980; and No. 103, 1985.

[Minister’s second reading speech made in—

House of Representatives on 23 March 1988

Senate on 26 April 1988]