National Residue Survey Administration Act 1992 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
National Residue Survey Administration Act 1992 .
This Act commences on 1 July 1993.
This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.
In this Act:
Account means the National Residue Survey Account continued in existence by section 6.
applicable products means:
(a) food products; or
(b) products of a primary industry; or
(c) any other products that are of a kind used as inputs to the production of products referred to in paragraph (a) or (b);
whether or not the products have been subjected to any process.
National Residue Survey Levy means levy of that name payable under:
(a) the
National Residue Survey (Customs) Levy Act 1998 ; or(b) the
National Residue Survey (Excise) Levy Act 1998 .
process , in relation to a product, means the performance of any operation in relation to the product, and includes, but is not limited to, the harvesting, chilling, freezing, drying, bottling, packing, canning or preserving of the product.
products of a primary industry means products that result from any of the following:
(a) agriculture or the cultivation of land;
(b) the maintenance of animals for commercial purposes;
(c) fishing or aquaculture;
(d) hunting or trapping;
(e) horticulture;
(f) any other primary industry activity.
Secretary means Secretary of the Department.
(1) There is continued in existence the National Residue Survey Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a special account for the purposes of the
Public Governance, Performance and Accountability Act 2013 .
There must be credited to the Account:
(a) amounts appropriated by Parliament for the purposes of the National Residue Survey; and
(b) in respect of each amount of National Residue Survey Levy collected by or on behalf of the Commonwealth—an amount equal to that amount of levy; and
(c) in respect of each amount of penalty collected by or on behalf of the Commonwealth in connection with National Residue Survey Levy—an amount equal to that amount of penalty; and
(d) amounts equal to amounts paid to the Commonwealth for the purposes of the National Residue Survey or the Account; and
(e) amounts equal to income from the investment of an amount standing to the credit of the Account.
Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.
(1) Amounts standing to the credit of the Account may be debited for the following purposes:
(a) making payments for purposes related to:
(i) the monitoring and reporting of the level of contaminants in applicable products; and
(ii) the testing, either on a random basis or in specific cases, of applicable products or the environment for the purpose of tracing the sources of contaminants and determining the causes of contamination; and
(iii) the testing and reporting of the level of contaminants in applicable products or the environment, and any associated activities, for the purpose of investigating the potential sources, and determining the potential causes, of such contaminants; and
(iv) the prevention of contamination in, and the management of risks associated with, contamination of applicable products;
(b) if an amount that was credited to the Account was given by a person or body to the Commonwealth for a particular purpose but has not been fully spent for that purpose—repaying the unspent amount to the person or body.
(2) Amounts may be debited from the Account equal to expenditure incurred by the Commonwealth in relation to:
(a) the collection and recovery of amounts referred to in paragraph 7(b) or (c); or
(b) the administration of paragraph 7(b) or (c); or
(c) the carrying out of any activities of kinds referred to in paragraph (1)(a) or any related activities.
(3) An amount that has been credited to the Account under an Appropriation Act may be debited from the Account.
(4) Without limiting the generality of subsection (2), the reference in that subsection to
expenditure incurred includes a reference to:(a) remuneration and allowances paid to staff; and
(b) other expenditure incurred in relation to the provision of staff or the provision of the services of staff; and
(c) expenditure incurred in relation to surveys conducted for the purpose of monitoring the level of contaminants; and
(d) expenditure incurred in relation to the provision of accommodation or administrative support.
As soon as practicable after the end of each financial year, the Minister is to cause a report to be laid before each House of the Parliament setting out details of the operation of the Account including:
(a) amounts credited to the Account during that financial year; and
(b) amounts debited from the Account during that financial year; and
(c) financial statements relating to the Account for that financial year; and
(d) a description of activities undertaken in relation to the National Residue Survey during that financial year.
(1) Subject to subsection (2), information collected under activities referred to in section 8 using amounts debited from the Account that identifies a particular person may not be released to any other person.
(2) Information of a kind mentioned in subsection (1) may be released:
(a) to authorities of the Commonwealth, of a State or of a Territory that are responsible for the monitoring or regulation of agricultural or veterinary chemical residues and contaminants in applicable products or the environment for the purpose of such monitoring or regulation or the management of associated risks; and
(b) to a person whom the Secretary has approved in writing to be an appropriate person to be granted access to the information.
(3) The Secretary may approve a person to be an appropriate person for the purposes of paragraph (2)(b) only if the Secretary is satisfied that the person requires the relevant information to enable the person to monitor, regulate or manage agricultural or veterinary chemical residues or contaminants in applicable products or the environment.
(4) An approval is to specify:
(a) each person who may be granted access to the relevant information under paragraph (2)(b); and
(b) the purpose or purposes for which the information can be used.
(5) A person to whom information is released under paragraph (2)(b) commits an offence if the information is used otherwise than for a purpose specified in the approval.
Penalty: Imprisonment for 12 months.
(6) This section does not affect the operation of section 27 or 27A of the
Primary Industries Levies and Charges Collection Act 1991 .(7) The Secretary may, in writing, delegate to an APS employee in the Department the power to give approvals under paragraph (2)(b).
(8) A delegate is, in the exercise of a delegated power, subject to the directions of the Secretary.
The Governor‑General may make regulations prescribing 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.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
National Residue Survey Administration Act 1992 | 243, 1992 | 24 Dec 1992 | 1 July 1993 | |
National Residue Survey Administration (Meat Chickens) Amendment Act 1994 | 128, 1994 | 21 Oct 1994 | 21 Oct 1994 | — |
Primary Industries and Energy Legislation Amendment Act (No. 2) 1994 | 129, 1994 | 21 Oct 1994 | s 3: Royal Assent | — |
National Residue Survey Administration Amendment Act 1995 | 75, 1995 | 30 June 1995 | 1 July 1995 | — |
Audit (Transitional and Miscellaneous) Amendment Act 1997 | 152, 1997 | 24 Oct 1997 | Schedule 2 (items 1039–1052): 1 Jan 1998 ( | — |
National Residue Survey Administration Amendment Act 1998 | 31, 1998 | 17 Apr 1998 | Schedule 1: 1 Feb 1994 Schedules 2 and 3: 1 Aug 1998 ( Remainder: Royal Assent | Sch. 2 (item 8) |
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2003 | 38, 2003 | 2 May 2003 | Schedule 3: 3 May 2003 | — |
Financial Framework Legislation Amendment Act 2005 | 8, 2005 | 22 Feb 2005 | s 4 and Schedule 1 (items 202–207, 496): Royal Assent | s 4 and Sch. 1 (item 496) |
Financial Framework Legislation Amendment Act (No. 2) 2012 | 82, 2012 | 28 June 2012 | Schedule 1 (items 75, 76): 29 June 2012 | — |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 10 (items 187–189) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 |
| ||||
| 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
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| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
Norfolk Island Legislation Amendment Act 2015 | 59, 2015 | 26 May 2015 | Sch 2 (item 276): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6) | Sch 2 (items 356–396) |
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| 33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | — |
Primary Industries Levies and Charges Collection Amendment Act 2016 | 56, 2016 | 16 Sept 2016 | Sch 1 (item 11): 17 Sept 2016 (s 2(1) item 2) | — |
Title............................................. | am No 152, 1997; No 31, 1998; No 8, 2005; No 62, 2014 |
s 3............................................. | am No 59, 2015 |
s 4............................................. | am No 152, 1997; No 31, 1998; No 38, 2003; No 8, 2005 |
s 5............................................. | rep No 31, 1998 |
Part 3 heading............................................. | rs No 152, 1997 |
s 6............................................. | rs No 152, 1997; No 8, 2005 |
am No 62, 2014 | |
s 7............................................. | am No 129, 1994; No 152, 1997 |
rs No 8, 2005 | |
am No 62, 2014 | |
s 8............................................. | am No 129, 1994; No 152, 1997; No 38, 2003 |
rs No 8, 2005 | |
am No 82, 2012 | |
Part 4............................................. | rep No 31, 1998 |
s 9............................................. | am No 75, 1995; No 31, 1998 |
rep No 31, 1998 | |
s 10............................................. | am No 152, 1997 |
rs No 8, 2005 | |
s 11............................................. | am No 152, 1997 |
rs No 38, 2003 | |
am No 8, 2005; No 56, 2016 | |
s 12............................................. | rep No 152, 1997 |
Schedule............................................. | am No 128, 1994; No 75, 1995 |
rep No 31, 1998 |
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