National Residue Survey (Cattle Transactions) Levy Act 1992

Overview

The National Residue Survey (Cattle Transactions) Levy Act 1992 was enacted by the Parliament of Australia to address the need for funding the National Residue Survey program, which monitors chemical residues in cattle to ensure food safety and compliance with export standards. This legislation complements the National Residue Survey Administration Act 1992 by imposing a levy on transactions and other dealings involving cattle, thereby securing the necessary financial resources for the survey activities. The levy is designed to be collected in accordance with the provisions of the aforementioned administration Act, ensuring a systematic approach to the collection and allocation of funds for residue surveillance in the cattle industry. The policy objective of the Act is to provide a stable and predictable funding mechanism for the National Residue Survey, ensuring that the program can effectively monitor and manage chemical residues in cattle, thereby safeguarding public health and maintaining Australia's reputation in the international market. By binding the Crown in right of each of the States, the Australian Capital Territory, the Northern Territory, and Norfolk Island, the Act ensures comprehensive coverage and uniform application of the levy across all jurisdictions within Australia.

Scope and Application

The National Residue Survey (Cattle Transactions) Levy Act 1992 applies to transactions and dealings involving cattle within Australia and its territories. This Act imposes a levy on such transactions to fund the National Residue Survey, ensuring that cattle and their products are free from harmful residues. The levy applies to all cattle transactions as defined under the Cattle Transaction Levy Act 1990, which includes entities and individuals engaged in the sale, transport, or processing of cattle. The Act extends its jurisdiction to the Crown in right of each state, the Australian Capital Territory, the Northern Territory, and Norfolk Island. The levy is administered under the National Residue Survey Administration Act 1992, and the Act itself binds the Crown in these specified jurisdictions. This ensures that the levy is collected and used effectively to support the national residue survey programme. There are no specific exclusions or exemptions mentioned in the Act, indicating that the levy applies broadly to all cattle transactions within its jurisdictional scope.

Key Provisions

The National Residue Survey (Cattle Transactions) Levy Act 1992 (sections 1-5) establishes the framework for imposing a levy on transactions and dealings involving cattle. Section 1 provides the short title of the Act, while section 2 sets the commencement date at 1 July 1993. Section 3 clarifies that the term "cattle" is defined as per the Cattle Transaction Levy Act 1990. Section 4 ensures that the Act binds the Crown in all relevant territories, and section 5 imposes the National Residue Survey Levy, as defined in the National Residue Survey Administration Act 1992, on transactions and dealings with cattle. The Act imposes several obligations on the parties and entities it governs. Under section 5, all transactions or dealings involving cattle are subject to the National Residue Survey Levy. This levy is intended to fund residue surveys which monitor and regulate the presence of harmful substances in cattle, thereby ensuring food safety and protecting public health. The levy applies to various stakeholders, including cattle producers, processors, and other entities involved in cattle transactions, ensuring a comprehensive approach to residue monitoring. Failure to comply with the provisions of the Act can result in various consequences. While the Act does not explicitly detail penalties for non-compliance, it is likely that breaches of the levy imposition would be subject to the penalties outlined in the National Residue Survey Administration Act 1992. These penalties can include fines and, in severe cases, criminal charges. The exact maximum penalties would depend on the specific nature of the breach and the provisions of the related Act. The Act's primary objective is to enforce the National Residue Survey Levy on cattle transactions to facilitate effective monitoring and regulation of harmful residues. By imposing this levy, the Act seeks to protect public health and ensure that the cattle industry adheres to stringent safety standards. The obligations placed on the involved parties are clear, and while the Act itself does not provide explicit penalties, it references related legislation that outlines the potential consequences for non-compliance.