The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This order is administered by the Ministry for Primary Industries.

This order is made under section 100L of the Biosecurity Act 1993—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Biosecurity made after complying with section 100L(5) of that Act.

Order

1 Title

This order is the Biosecurity (American Foulbrood—Beekeeper Levy) Amendment Order (No 2) 2020.

2 Commencement

This order comes into force on 10 July 2020.

Order: confirmed, on 14 December 2021, by section 7(d) of the Subordinate Legislation Confirmation Act 2021 (2021 No 56).

3 Principal order

This order amends the Biosecurity (American Foulbrood—Beekeeper Levy) Order 2003 (the principal order).

4 Clause 7 amended (Basis of calculation of levy)

In clause 7(3), replace “as at 31 March of the levy year for which the levy is payable” with “as at 31 March of the previous levy year”.

5 Clause 11 amended (Rate if no rate fixed before beginning of levy year)

In clause 11, replace “before 20 January of the levy year for which the levy is payable” with “before 20 January of the previous levy year”.

6 Clause 12 amended (Notification of levy rate)

In section 12(1), replace “on or before 20 January of that levy year” with “on or before 20 January of the previous levy year”.

7 Clause 13 amended (When levy payable)

In section 13(a), replace “on or by 1 June of the next levy year” with “on or by 1 June of that levy year”.

8 Schedule 1 amended

(1)

In Schedule 1, Part 1, heading to clause 1, replace “31 May 2020” with “31 May 2021”.

(2)

In Schedule 1, Part 1, clause 1(1), replace “31 May 2020” with “31 May 2021”.

(3)

In Schedule 1, after Part 1, insert the Part 2 set out in the Schedule of this order.

Schedule New Part 2 inserted into Schedule 1

cl 8(3)

Part 2 Provision relating to Biosecurity (American Foulbrood—Beekeeper Levy) Amendment Order (No 2) 2020

3 Payment of levy for levy year ending on 31 May 2021

(1)

In this clause, relevant levy means the levy calculated on the basis of the number of bee colonies owned by a beekeeper on 31 March 2020.

(2)

A beekeeper is to be treated as having paid the levy for the levy year ending on 31 May 2021 if they—

(a)

paid the relevant levy by the close of 9 July 2020; or

(b)

pay the relevant levy in accordance with subclause (3).

(3)

If a beekeeper has not paid the relevant levy by the close of 9 July 2020,—

(a)

the management agency must, no later than 24 July 2020, send an account for the levy to the beekeeper; and

(b)

the beekeeper must pay the levy in a lump sum no later than 10 working days after receiving the account.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 10 July 2020, amends the Biosecurity (American Foulbrood—Beekeeper Levy) Order 2003 (the principal order). The principal order imposes a levy on beekeepers to fund the implementation of the National American Foulbrood Pest Management Plan.

This order corrects errors that were introduced into the principal order on 16 April 2020 by certain amendments made by the Biosecurity (American Foulbrood—Beekeeper Levy) Amendment Order 2020 (the previous amendment order). Those amendments changed the requirements for when certain things had to occur under the principal order.

The effect of correcting the errors is that the management agency must, when fixing and charging a levy for a levy year, do the following things before the levy year starts on 1 June:

consult with beekeepers on how the levy money is to be spent (see clauses 10 and 16 of the principal order); and
fix and notify the rate of levy after the consultation, but before 20 January (see clauses 10 and 12 of the principal order); and
calculate the levy on the basis of the number of bee colonies owned by a beekeeper on 31 March (see clause 7 of the principal order); and
send an account for the levy to each beekeeper at least 28 days before 1 June (see clause 13 of the principal order).

The beekeepers must then pay the levy on or before 1 June (see clause 13 of the principal order).

An effect of the previous amendment order was that the levy calculated on the basis of the number of bee colonies owned by a beekeeper on 31 March 2020 was said to be for the levy year that started on 1 June 2019 and ended on 31 May 2020. This levy, however, should be for the levy year that started on 1 June 2020 and ends on 31 May 2021. This order includes amendments to Schedule 1 of the principal order to correct the error and to provide for the payment of outstanding amounts of that levy.

This order is a confirmable instrument under section 47B of the Legislation Act 2012. It is revoked at the close of 31 December 2021 unless earlier confirmed by an Act of Parliament. That stated time is the applicable deadline under section 47C(1)(b) of that Act.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 9 July 2020.

Notes

1 General

This is a consolidation of the Biosecurity (American Foulbrood—Beekeeper Levy) Amendment Order (No 2) 2020 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Subordinate Legislation Confirmation Act 2021 (2021 No 56): section 7(d)

Biosecurity (American Foulbrood—Beekeeper Levy) Amendment Order (No 2) 2020