Deer Velvet Export Charge Act 1992

Overview

The Deer Velvet Export Charge Act 1992, enacted by the Parliament of Australia, was designed to introduce a charge on the export of deer velvet produced in Australia. The primary purpose of this legislation is to generate funds specifically for research and development within the deer industry. The Act commenced on 1 July 1992 and binds the Crown in right of the Commonwealth, the States, the Australian Capital Territory, and the Northern Territory. It imposes a charge on deer velvet exported from Australia post-enactment, with the rate of the charge determined by regulation, not exceeding 7% of the declared value of the deer velvet. Notably, this charge does not apply to deer velvet on which a levy has already been imposed under the Deer Velvet Levy Act 1992. The funds collected are intended to support advancements in the deer industry, aligning with the policy objective of fostering growth and innovation within this sector.

Scope and Application

The Deer Velvet Export Charge Act 1992 applies to all deer velvet produced in Australia that is exported after the commencement of the Act on 1 July 1992. The Act imposes a charge on such exports, which is intended to raise funds for research and development in the deer industry. The charge applies to the producer of the deer velvet, which under the Primary Industries Levies and Charges Collection Act 1991 is defined as the person who exports the deer velvet from Australia. The Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. The rate of charge is determined by the regulations made under the Act, with a maximum of 7% of the declared value of the deer velvet, or, if no percentage is specified, 5% of the declared value. The Secretary may also determine the declared value if the value ascertained is not fair and reasonable, with this determination being subject to review under the Collection Act. The Act allows for the delegation of the power to determine the declared value of deer velvet to an officer of the Australian Public Service. It is worth noting that no charge is imposed on deer velvet on which a levy has already been imposed by the Deer Velvet Levy Act 1992. The Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed, and before making a regulation specifying a percentage for the purposes of paragraph 7(1)(a), the Governor-General is to consider any recommendations on the percentage made to the Minister by any representative industry organisation.

Key Provisions

The Deer Velvet Export Charge Act 1992 establishes a charge on the export of deer velvet from Australia, with the primary aim of generating funds for research and development within the deer industry. The Act commences on 1 July 1992, as stated in section 2, and binds the Crown in various jurisdictions. The term "deer velvet" is defined in section 5(1) as the developing antler of deer, including its cutaneous covering, harvested as living tissue. The charge applies to all deer velvet produced in Australia and exported after the Act's commencement, unless it has already been subject to a levy under the Deer Velvet Levy Act 1992, as noted in section 6(2). The Act imposes several obligations on the parties it governs. Firstly, it imposes a charge on the export of deer velvet produced in Australia, as outlined in section 6. The rate of this charge is determined either by a percentage specified in regulations under section 7(1)(a) or, if no percentage is specified, defaults to 5% of the declared value of the deer velvet, as per section 7(1)(b). The Secretary has the authority to determine the declared value if it is deemed unfair and unreasonable, with specific considerations outlined in sections 7(3) and 7(4). The producer of the deer velvet, which is defined as the person exporting the product, is responsible for paying this charge, as stated in section 9. Regulations may be made under section 10 to specify additional matters required or permitted by the Act, with the Governor-General required to consider recommendations on the percentage of the charge from any representative industry organisation before making such regulations. There are potential consequences for non-compliance with the Act. While the Act itself does not explicitly outline specific offences or penalties, the Primary Industries Levies and Charges Collection Act 1991, to which this Act refers, may provide the framework for enforcement. Under this related Act, penalties for non-compliance can include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific circumstances of the breach and the relevant provisions of the Primary Industries Levies and Charges Collection Act 1991. Furthermore, a determination by the Secretary of the declared value of deer velvet is subject to review under section 28 of the Collection Act, providing a legal recourse for producers who believe their declared value has been unfairly assessed.