National Residue Survey (Cattle Export) Levy Regulations 1996 No. 167
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 167
Issued by the Authority of the Minister for Primary Industries and Energy
National Residue Survey (Cattle Export) Levy Act 1995
National Residue Survey (Cattle Export) Levy Regulations
The National Residue Survey (Cattle Export) Levy Act 1995 (the Act) provides that the Governor-General may make regulations prescribing a levy amount for the purposes of the Act.
The Act provides for the imposition of a National Residue Survey levy, within the meaning of the National Residue Survey Administration Act 1992, to the extent that it is payable in respect to the export of cattle from Australia.
The regulations increase the NRS levy by 4 cents, implementing the Cattle Council of Australia (CCA) recommendations. The rate of levy is increased to 32 cents from the previous 28 cents (provided for in the Act) per transaction.
The CCA is recognised as the peak industry body representing cattle producers, the principal levy payers. At its Annual General Meeting held on 29/30 April 1996, the CCA resolved to ask the Minister for Primary industries and Energy to increase this levy. The CCA request to the Minister on 23 May 1996 also sought an offset fourteen cent reduction in the separate Cattle Transaction Levy Act: 1995 and Cattle Export Charge Act 1990 rates, dealt with in a separate statement, resulting in a net ten cent levy reduction affecting only adult cattle transactions.
The NRS underpins an integrated approach to national management of residues and other contaminants in food, feed and fibre products. Industries are clients of the Government of the day, the minister for Primary Industry and Energy, the Department of Primary industries and Energy and the Bureau of Resource Sciences in terms of program delivery. The NRS administers a broad-based residue monitoring program for participating commodities. Activities include development of programs in consultation with industry and government agencies, coordination of sample collection, procurement of laboratories, management and reporting of results.
The reason for the NRS levy increase is increasing demands placed on the NRS by the cattle industry in terms of its targeted chemical residue monitoring programs. Since the previous levy rate was established, the NRS has had to deal with additional targeted testing in areas of organochlorine, chlorfluazuron, and fluazuron residues, the National Antibacterial Residue Monitoring Program, and a three month survey of drought affected areas to ascertain the presence of 'seasonal' residues. Enhanced endosulfan monitoring is also anticipated in future.
Details of the regulations are:
Regulation 1 cites the Regulations as the National Residue Survey (Cattle Export) Levy Regulations.
Regulation 2 provides for a commencement date of 1 August 1996.
Regulation 3 is an interpretation provision.
Regulation 4 prescribes the rate of 32 cents (replacing the previous rate of 28 cents).
Overview
The National Residue Survey (Cattle Export) Levy Regulations 1996 (No. 167) were enacted to implement the increased levy rates recommended by the Cattle Council of Australia. The regulations were issued under the authority of the Minister for Primary Industries and Energy and are made pursuant to the National Residue Survey (Cattle Export) Levy Act 1995. The primary problem these regulations address is the growing demands on the National Residue Survey (NRS) due to increased chemical residue monitoring programs required by the cattle industry. The Act enables the imposition of a levy to fund these enhanced monitoring activities, which have expanded to include testing for organochlorine, chlorfluazuron, fluazuron residues, and the National Antibacterial Residue Monitoring Program, among others. The policy objective is to ensure the NRS can effectively manage and monitor residues in food, feed, and fibre products through adequate funding. The increase in the levy rate from 28 cents to 32 cents per transaction aims to meet these escalating monitoring requirements.
Scope and Application
The National Residue Survey (Cattle Export) Levy Act 1995 applies to the export of cattle from Australia and imposes a levy on cattle exports to fund the National Residue Survey (NRS) activities, which include monitoring residues and contaminants in food, feed, and fibre products. The Act applies to entities involved in the export of cattle, primarily cattle producers who are the principal levy payers, as represented by the Cattle Council of Australia. The geographic reach of the Act is national, as it concerns exports from Australia. The Act allows for the imposition of a levy through the regulations made under its authority, which extend the application by prescribing specific levy rates. The National Residue Survey (Cattle Export) Levy Regulations 1996, which were made under the Act, specify the levy rate and provide for its increase from 28 cents to 32 cents per transaction. These regulations came into effect on 1 August 1996. The increase in the levy rate was implemented in response to the growing demands placed on the NRS by the cattle industry, including additional targeted testing for various residues. The Act and its regulations do not explicitly state any exclusions or exemptions, but the focus remains on cattle exports and the associated monitoring activities.
Key Provisions
The National Residue Survey (Cattle Export) Levy Regulations 1996 (No. 167) primarily serve to implement changes to the rate of the National Residue Survey (NRS) levy for cattle exports, as stipulated in the National Residue Survey (Cattle Export) Levy Act 1995 (section 1). This Act allows for the imposition of a levy for the purpose of managing chemical residues in cattle exported from Australia. Regulation 4 sets the new rate of the levy at 32 cents per transaction, up from the previous rate of 28 cents (section 4). This change responds to recommendations from the Cattle Council of Australia (CCA), which sought an increase to address the growing demands on the NRS, including additional targeted testing for various residues (section 4).
The regulations impose specific obligations on parties involved in the export of cattle. The increased levy rate applies to all transactions involving the export of cattle from Australia (section 4). This levy is intended to support the NRS, which is responsible for monitoring residues and contaminants in food, feed, and fibre products (section 4). The NRS, in consultation with industry and government agencies, develops and coordinates monitoring programs, collects samples, and manages laboratory services and reporting (section 4). These obligations ensure that the increased levy funds are appropriately directed towards enhancing residue monitoring efforts and maintaining food safety standards.
Failure to comply with the provisions of these regulations may result in penalties or other consequences. While the explanatory statement does not explicitly detail the penalties for non-compliance, it is generally understood that breaches of such regulatory requirements could lead to financial penalties or other enforcement actions under the overarching National Residue Survey Administration Act 1992 (section 4). The exact penalties would typically be outlined in the relevant administrative or enforcement legislation, but the intent is to ensure adherence to the levy rates and obligations set forth in the regulations.