National Residue Survey Administration Amendment Act 1995

Overview

The National Residue Survey Administration Amendment Act 1995 (No. 75 of 1995) was enacted by the Parliament of Australia and received assent on 30 June 1995. This Act amends the National Residue Survey Administration Act 1992 to address certain issues related to the National Residue Survey Levy. Specifically, it introduces modifications to the application of the levy in transactions involving cattle, including the transfer of ownership, delivery to a processor, slaughter, and export from Australia. The purpose of these amendments is to align the levy with other relevant Acts, such as the Cattle Transaction Levy Act 1995 and the Cattle Export Charges Act 1990. This Act aims to provide clarity and ensure consistency in the administration of the National Residue Survey Levy across different types of cattle transactions and activities.

Scope and Application

The National Residue Survey Administration Amendment Act 1995 amends the National Residue Survey Administration Act 1992 to modify the application of the National Residue Survey Levy on transactions and dealings related to cattle. This Act applies to any entity or individual involved in cattle transactions, including the transfer of ownership, delivery to processors, slaughter, and export of cattle. The amendments affect the financial obligations associated with these activities by updating the levies and charges set out in the original legislation. The Act has a national reach, applying across Australia, and it specifically excludes certain transactions from the scope of the National Residue Survey Levy, such as the export of cattle from Australia. Additionally, the Act refers to other pieces of legislation that set out the rates for different types of cattle transactions and exports, indicating that the application of this Act is extended and clarified through these subordinate instruments.

Key Provisions

The National Residue Survey Administration Amendment Act 1995 primarily modifies the National Residue Survey Administration Act 1992 (Principal Act) by inserting and omitting certain provisions. Section 3 of the Amendment Act amends the Principal Act as outlined in the Schedule, which includes changes to the National Residue Survey Levy application and rates. The Act is designed to streamline and clarify the levy's application on various cattle transactions. In terms of what the amended Act requires or permits, it modifies the scope of transactions subject to the National Residue Survey Levy. For instance, it introduces changes to the types of transactions that are exempt from the levy, such as the transfer of ownership of cattle, delivery to a processor, slaughter of cattle, and export from Australia (Section 3, Schedule). Additionally, it updates the rates and the specific acts governing these levies by substituting outdated references with new ones, ensuring that the levy is applied correctly according to current legislation. The obligations and requirements imposed by the Act on the parties governed by it primarily revolve around ensuring compliance with the updated levy provisions. For example, entities involved in cattle transactions must now be aware of the new levy rates and the specific acts governing these levies, as outlined in the Amendment Act. This includes understanding which transactions are exempt from the levy and which are subject to it, as well as ensuring that the correct rates are applied according to the new references provided in the Schedule. In terms of offences, penalties, or consequences for breach, the Amendment Act does not explicitly state the penalties for non-compliance. However, under the Principal Act, penalties for non-compliance with residue survey and levy requirements could include fines or other civil or criminal penalties. The exact penalties would depend on the nature of the breach and the provisions of the Principal Act or related Acts. It is important for entities to comply with the updated levy provisions to avoid any potential penalties or legal consequences. Overall, the National Residue Survey Administration Amendment Act 1995 aims to clarify and update the application of the National Residue Survey Levy on various cattle transactions, ensuring that the levy is applied correctly and in accordance with current legislation. Parties governed by the Act must adhere to the updated provisions to avoid potential penalties or legal consequences.