National Residue Survey (Cattle Export) Levy Act 1997

Overview

The National Residue Survey (Cattle Export) Levy Act 1997 was enacted by the Parliament of Australia to address the need for a National Residue Survey Levy on the export of cattle from Australia. This Act was introduced to ensure that the National Residue Survey, aimed at protecting the health of both humans and animals, was adequately funded. The policy objective of this legislation is to impose a levy on cattle exports to finance the National Residue Survey, thereby ensuring that any residues in exported cattle do not pose a risk to human health or animal welfare. The levy is imposed on the export of cattle after the commencement of this Act, provided a charge is payable under the Cattle (Producers) Export Charges Act 1997. The rate of the levy is set at 32 cents per head for cattle and 26 cents for chargeable bobby calves, with the possibility of variation through regulations. The levy is payable by the person liable to pay the relevant charge under the Cattle (Producers) Export Charges Act 1997.

Scope and Application

The National Residue Survey (Cattle Export) Levy Act 1997 applies to the export of cattle from Australia, imposing a levy on such exports if a charge is payable under the Cattle (Producers) Export Charges 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 imposition of the levy is contingent upon the export of cattle and the applicability of charges under the aforementioned 1997 Act. The levy rates are set at 32 cents per head for cattle and 26 cents for chargeable bobby calves, although these rates can be altered by regulations to a maximum of 35 cents. The person liable for the charge under the Cattle (Producers) Export Charges Act 1997 is also responsible for paying the National Residue Survey Levy. The Act allows for the creation of regulations to prescribe matters necessary for its implementation, extending its application and potentially altering levy rates.

Key Provisions

The National Residue Survey (Cattle Export) Levy Act 1997 (section 5) imposes a levy on the export of cattle from Australia, provided that a charge is payable on the export under the Cattle (Producers) Export Charges Act 1997. This levy is known as the National Residue Survey Levy and is intended to fund specific activities related to the monitoring and surveillance of residues in exported cattle. The levy is applied to each head of cattle exported, with different rates for standard cattle and chargeable bobby calves (section 6). The Act imposes several obligations on those involved in the export of cattle. Firstly, it mandates that the National Residue Survey Levy must be paid by the entity that is liable to pay the relevant charge under the Cattle (Producers) Export Charges Act 1997 (section 7). This ensures that the financial responsibility for the levy is clearly assigned to those already subject to export charges, thereby streamlining the compliance process. Additionally, the Act allows for the establishment of regulations to further define the operational details of the levy, such as its rates and payment procedures (section 8). These regulations can be made by the Governor-General and are intended to support the effective implementation of the Act. Failure to comply with the provisions of the National Residue Survey (Cattle Export) Levy Act 1997 may result in civil and criminal consequences. Although the specific penalties are not detailed within the provided text, it is common for such legislative breaches to incur fines or other legal penalties. Given the structured nature of the Act, non-compliance could potentially lead to enforcement actions, which might include legal proceedings against the defaulting party. The exact penalties would typically be outlined in related legislation or regulations, but the implications for non-compliance are significant, reinforcing the importance of adherence to the Act’s requirements.