National Residue Survey (Cattle Transactions) Levy Act 1997

Overview

The National Residue Survey (Cattle Transactions) Levy Act 1997, enacted by the Parliament of Australia, was introduced to impose a levy on certain transactions and other dealings involving cattle. The primary purpose of the Act is to facilitate the funding of the National Residue Survey, which monitors and ensures the safety of meat and livestock products by detecting residues in cattle. The Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory, and of Norfolk Island but does not bind the Crown in right of the Commonwealth. The levy is imposed on transactions or other dealings with cattle that occur after the commencement of this Act, provided that the levy is payable under the Cattle Transactions Levy Act 1997. The Act specifies the rates of the National Residue Survey Levy and stipulates that it is payable by the person liable to pay the levy under the Cattle Transactions Levy Act 1997. The Governor-General has the authority to make regulations as required or permitted by the Act or necessary or convenient for its implementation.

Scope and Application

The National Residue Survey (Cattle Transactions) Levy Act 1997 applies to transactions and other dealings involving cattle, specifically those that involve the transfer of ownership, delivery to a processor, or slaughter of cattle. This Act binds the Crown in right of the States, the Australian Capital Territory, the Northern Territory, and Norfolk Island, but does not bind the Crown in right of the Commonwealth. The levy is payable by the person who is liable to pay the levy under the Cattle Transactions Levy Act 1997 on the cattle transaction or dealing. The rate of the National Residue Survey Levy is 32 cents for each head of cattle, or 26 cents for a leviable bobby calf, unless another amount not exceeding 35 cents is prescribed by regulations. The Governor-General may make regulations to prescribe any matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Key Provisions

The National Residue Survey (Cattle Transactions) Levy Act 1997 (sections 1 to 8) outlines the imposition of a levy on certain transactions and dealings involving cattle. Section 1 provides that this Act may be cited as the National Residue Survey (Cattle Transactions) Levy Act 1997. Section 2 specifies that the Act commences at the commencement of Part 3 of the Australian Meat and Livestock Industry Act 1997. Section 3 defines key terms such as "cattle" and "transaction or other dealing," and refers to the meanings provided in the Cattle Transactions Levy Act 1997 and the Primary Industries Levies and Charges Collection Act 1991. Section 4 declares that this Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory, and of Norfolk Island, but does not bind the Crown in right of the Commonwealth. Section 5 states that a National Residue Survey Levy is imposed on transactions or dealings with cattle entered into or occurring after the commencement of this Act if the levy is payable under the Cattle Transactions Levy Act 1997. Section 6 sets the rates for the levy, with a base rate of 32 cents for each head of cattle and 26 cents for each leviable bobby calf, unless otherwise prescribed by regulation. Section 7 indicates that the levy is payable by the person liable to pay the levy under the Cattle Transactions Levy Act 1997. Finally, Section 8 grants the Governor-General the authority to make regulations necessary or convenient for carrying out or giving effect to this Act. The Act imposes specific obligations on entities involved in cattle transactions. Under Section 7, the person who is liable to pay the levy under the Cattle Transactions Levy Act 1997 must also pay the National Residue Survey Levy on transactions or dealings with cattle. This requirement ensures that those already responsible for paying certain levies under existing legislation are also liable for the new National Residue Survey Levy. Additionally, Section 8 allows the Governor-General to make regulations as necessary for the Act's implementation, which could include further defining the scope of levyable transactions, setting detailed procedural requirements, or establishing compliance mechanisms. In terms of penalties and consequences, the Act does not explicitly outline offences, penalties, or civil/criminal consequences for breach within its provisions. However, the broader legislative framework, including the Australian Meat and Livestock Industry Act 1997 and the Primary Industries Levies and Charges Collection Act 1991, may include such measures. It is likely that failure to comply with the obligations set out in this Act, such as not paying the National Residue Survey Levy when due, could result in penalties as stipulated in related legislation. The exact nature and severity of these penalties would depend on the specific provisions of the overarching regulatory framework.