Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN HORTICULTURAL CORPORATION (HONEY EXPORT CONTROL) REGULATIONS 1993 NO. 26

STATUTORY RULES 1993 No. 26

Issued by the Authority of the Minister for Primary Industries and Energy

AUSTRALIAN HORTICULTURAL CORPORATION ACT´ 1987

AUSTRALIAN HORTICULTURAL CORPORATION (HONEY EXPORT CONTROL) REGULATIONS

The Australian Horticultural Corporation (AHC) carries out marketing and promotion activities for the apple, pear, citrus, nursery products, nashi fruit and dried fruit industries. Honey export marketing and promotion has been the responsibility of the Australian Honey Board (AHB) up until 1 January 1993 when the functions of the AHB were transferred to a dedicated honey desk under the umbrella of the AHC. This was achieved through the enactment of the Honey Legislation (Repeal and Amendment) Act 1992 which repealed the Honey Marketing Act 1988 and brought honey under the Act.

Control of exports of honey and honey products is the responsibility of the AHC from 1 January 1993.

Under section 117 of the Act, the AHC presently controls the export of horticultural products of certain of its member industries under the Australian Horticultural Corporation (Export Control) Regulations.

The proposed Australian Horticultural Corporation (Honey Export Control) Regulations provide the AHC with the power to issue export licences, sets criteria which an application for an export licence must satisfy, applies conditions to the licence, and allows the AHC to vary or revoke a licence.

Decisions of the AHC regarding its refusal to grant or renew a licence and decisions to vary or revoke a licence may be appealed in the Administrative Appeals Tribunal.

An explanation of the individual regulations are given in the attachment.

ATTACHMENT

DETAILS OF THE AUSTRALIAN HORTICULTURAL CORPORATION (HONEY EXPORT CONTROL) REGULATIONS

Regulation 1 is a formal provision.

Regulation 2 gives an interpretation of terms.

Regulation 3 prescribes that the Corporation or a licensee only, may export honey.

Regulation 4 prescribes who may apply for a licence.

Regulation 5 prescribes criteria which must be met by an individual before he or she is considered eligible to apply for a licence to export honey.

Regulation 6 prescribes criteria which must be met by a partnership before the partnership is considered eligible to apply for a licence to export honey.

Regulation 7 prescribes criteria which must be met by a corporation before the corporation is considered eligible to apply for a licence to export honey.

Regulation 8 prescribes conditions under which the AHC must grant a licence.

Regulation 9 provides for the commencement and cessation of a licence to export honey.

Regulation 10 prescribes the conditions and restrictions which apply to a licence to export honey.

Regulation 11 provides for the AHC to add, vary or revoke the conditions which apply to a licence to export honey.

Regulation 12 prescribes conditions under which the AHC must/may revoke a licence to export honey.

Regulation 13 provides that a decision made by the AHC to grant, renew, vary or revoke a licence may be appealed to the Administrative Appeals Tribunal.

Regulation 14 provides that the AHC may by notice require the provision of information from a person who has been a licensee at any time during the 2 years preceding the date on the notice.

Regulation 15 provides for the AHC to send notices to the licensee at the address nominated or the last address known to the AHC.

Regulation 16 provides for the AHC to approve the form upon which an application for or renewal of a licence to export honey is made.