National Residue Survey (Buffalo Slaughter) Levy Act 1997

Overview

The National Residue Survey (Buffalo Slaughter) Levy Act 1997 was enacted by the Parliament of Australia to address a specific need within the livestock industry, particularly concerning the monitoring and management of residues in buffaloes slaughtered for human consumption. The primary objective of the Act is to impose a levy on the slaughter of buffaloes, the proceeds of which are intended to fund a national residue survey. This is achieved by ensuring that the levy is payable by the same entities responsible for the buffalo slaughter levy under the Buffalo Slaughter Levy Act 1997. The Act aims to support the regulation and monitoring of residues in buffalo meat, thereby enhancing food safety and consumer protection. The levy is set at a rate of $5.00 per buffalo, subject to possible variation by regulations made under the Act.

Scope and Application

The National Residue Survey (Buffalo Slaughter) Levy Act 1997 applies to the imposition of a levy on the slaughter of buffaloes for human consumption, specifically where the levy is payable under the Buffalo Slaughter Levy Act 1997. The Act binds the Crown in right of each of the states, the Australian Capital Territory, the Northern Territory, and Norfolk Island, but it does not bind the Crown in right of the Commonwealth. The levy rate is set at $5.00 per head of buffaloes, though this can be altered by regulation to an amount not exceeding $5.00. The person responsible for paying the levy under the Buffalo Slaughter Levy Act 1997 is also liable for the National Residue Survey Levy. The Act allows for the Governor-General to make regulations to prescribe matters required or permitted by the Act, or necessary or convenient for its execution.

Key Provisions

The National Residue Survey (Buffalo Slaughter) Levy Act 1997 (sections 1 to 8) establishes a levy to be imposed on the slaughter of buffaloes for human consumption, effective from the commencement of Part 3 of the Australian Meat and Livestock Industry Act 1997. This levy is referred to as the National Residue Survey Levy and is applicable if a levy is payable under the Buffalo Slaughter Levy Act 1997. The rate of this levy is set at $5.00 per head of buffalo, though it may be adjusted by regulation to another amount not exceeding $5.00. The levy is to be paid by the person who is liable for the levy under the Buffalo Slaughter Levy Act 1997. The Act imposes specific obligations on the entities it governs, including the requirement for the person liable under the Buffalo Slaughter Levy Act 1997 to pay the National Residue Survey Levy for each buffalo slaughtered. This levy is intended to support the National Residue Survey, which likely involves monitoring and assessing chemical residues in buffalo meat to ensure food safety and compliance with health standards. The Act binds the Crown in right of the states, Australian Capital Territory, Northern Territory, and Norfolk Island, but not in right of the Commonwealth. The Act also outlines the regulatory framework for the implementation of the levy. The Governor-General has the authority to make regulations that prescribe any matters required or permitted by the Act or necessary or convenient for its execution. These regulations can include the specific rate of the levy, provided it does not exceed $5.00, and other administrative details necessary for the effective imposition and collection of the levy. There are no explicit provisions in the Act detailing specific offences, penalties, or consequences for non-compliance. However, failure to comply with the requirements to pay the National Residue Survey Levy as mandated by the Act and any subsequent regulations could potentially lead to legal actions under the general administrative laws of the respective jurisdictions, as well as possible penalties under the overarching legislation like the Primary Industries Levies and Charges Collection Act 1991, which may include fines or other civil or administrative penalties.