National Residue Survey (Cattle Export) Levy Act 1995

Overview

The National Residue Survey (Cattle Export) Levy Act 1995 was enacted by the Parliament of Australia to address the issue of chemical residues in exported Australian cattle, ensuring compliance with international standards and maintaining the reputation of Australian beef on the global market. This Act imposes a levy to fund the National Residue Survey, which tests cattle for chemical residues before export. The levy aims to support the export industry by ensuring that Australian beef remains competitive and safe for international consumers. The Act binds the Crown in right of each of the States, the Australian Capital Territory, the Northern Territory, and Norfolk Island, and sets out the rates of the levy applicable to different periods and types of cattle. The rates of the levy vary depending on the date of export and whether the cattle is a chargeable bobby calf, with the possibility of further adjustments through regulations made by the Governor-General.

Scope and Application

The National Residue Survey (Cattle Export) Levy Act 1995 is a Commonwealth Act that imposes a levy on the export of cattle from Australia, with the aim of funding the National Residue Survey. The Act applies to all exports of cattle from Australia, including exports that occurred prior to the Act's commencement on 1 July 1995. The levy applies to all cattle exported from Australia, including bobby calves, with different rates depending on the date of export. The Act binds the Crown in right of each of the States, the Australian Capital Territory, the Northern Territory, and Norfolk Island. The rate of the levy is set out in the Act, with an additional provision for the Governor-General to make regulations prescribing an amount if necessary. The Act does not provide for any exclusions, exemptions, or thresholds, and its application is not extended or restricted through subordinate instruments.

Key Provisions

The National Residue Survey (Cattle Export) Levy Act 1995 imposes a levy on the export of cattle from Australia, as outlined in section 5. This levy is intended to fund the National Residue Survey, which monitors residues in exported cattle to ensure compliance with international standards. The Act applies to exports occurring both before and after its commencement on 1 July 1995, as stated in section 2. The levy rates are specified in section 6, which differentiates between general cattle and chargeable bobby calves, with adjustments based on the date of export. Specifically, the rates are 18 cents for exports before 1 July 1994, 26 cents for exports between 1 July 1994 and 1 July 1995, and 28 cents or a prescribed amount up to 35 cents for exports on or after 1 July 1995. The Governor-General has the authority to make regulations to set these rates under section 7. Under the Act, all entities involved in the export of cattle from Australia are obligated to pay the specified levy as determined by the rates in section 6. This includes both general cattle and chargeable bobby calves. The levy is to be paid in accordance with the National Residue Survey Administration Act 1992, which is referenced in section 5. The Act binds the Crown in right of each of the States, the Australian Capital Territory, the Northern Territory, and Norfolk Island, as stated in section 4, ensuring that all relevant governmental bodies are subject to the levy requirements. Section 6 of the Act delineates the penalties and consequences for non-compliance. While the Act itself does not explicitly state the penalties for breach, it is implied that failure to pay the levy could lead to legal consequences under the broader legislative framework, such as the National Residue Survey Administration Act 1992. The maximum penalty for such breaches would be determined by the regulations or related legislation, potentially including fines or other civil or criminal sanctions as stipulated by the relevant authorities.