National Residue Survey (Coarse Grains) Levy Act 1992
No. 246 of 1992
An Act to impose National Residue Survey Levy in respect of coarse grains
[Assented to 24 December 1992]
The Parliament of Australia enacts:
Short title
1. This Act may be cited as the National Residue Survey (Coarse Grains) Levy Act 1992.
Commencement
2. This Act commences on 1 July 1993.
Interpretation
3. In this Act:
"coarse grain" means leviable coarse grain within the meaning of the Coarse Grains Levy Act 1992.
Act binds Crown
4. 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.
Imposition of levy
5. National Residue Survey Levy, within the meaning of the National Residue Survey Administration Act 1992, to the extent that it is payable in respect of coarse grains, is imposed by this Act.
[Minister's second reading speech made in—
House of Representatives on 3 November 1992
Senate on 10 November 1992]
Overview
The National Residue Survey (Coarse Grains) Levy Act 1992 was enacted by the Parliament of Australia to address the need for a specific levy to support the National Residue Survey of coarse grains. This Act was introduced to complement the broader framework established by the National Residue Survey Administration Act 1992 and the Coarse Grains Levy Act 1992, aiming to ensure that the necessary funding is available for the residue survey activities that are critical for maintaining the safety and quality of coarse grains within the Australian market. The levy imposed by this Act is intended to provide a dedicated financial resource for these activities, thereby supporting the regulatory and monitoring efforts required to protect consumer health and maintain the integrity of the agricultural sector.
Scope and Application
The National Residue Survey (Coarse Grains) Levy Act 1992 is a piece of federal legislation that imposes a levy on the national residue survey for coarse grains. This Act applies to all entities involved in the production, handling, or sale of coarse grains within Australia, including states, territories, and Norfolk Island, as it binds the Crown in right of each of these jurisdictions. The levy is specifically intended to cover the costs associated with the national residue survey of coarse grains, which are defined under the Coarse Grains Levy Act 1992. The Act extends its application to all relevant industries and transactions involving coarse grains, ensuring comprehensive coverage of the intended scope. While the Act itself sets out the primary framework for the levy, its application and administration are further detailed in the National Residue Survey Administration Act 1992, which may include subordinate instruments to address specific circumstances or requirements. The Act does not explicitly outline exclusions, exemptions, or thresholds, but these may be inferred or defined through related legislation or administrative regulations.
Key Provisions
The National Residue Survey (Coarse Grains) Levy Act 1992 (section 1) is a legislative measure that establishes a National Residue Survey Levy in respect of coarse grains. The Act commences on 1 July 1993 (section 2) and binds the Crown in right of each of the States, the Australian Capital Territory, the Northern Territory, and Norfolk Island (section 4). The term "coarse grain" is defined within the Act as leviable coarse grain as per the Coarse Grains Levy Act 1992 (section 3). The levy is imposed as per the National Residue Survey Administration Act 1992, specifically in relation to coarse grains (section 5).
The Act imposes several obligations and requirements on the parties or entities it governs. For instance, it mandates the imposition of a National Residue Survey Levy on the specified coarse grains. This levy is integral to funding the residue survey activities and ensuring compliance with the standards set forth by the Act. The levy is to be collected and managed under the National Residue Survey Administration Act 1992, ensuring a streamlined process for levy collection and distribution.
In terms of consequences for non-compliance, the Act does not explicitly outline specific offences, penalties, or consequences within its text. However, it is likely that breaches of the Act could lead to civil or criminal consequences depending on the severity of the breach. Penalties for non-compliance with agricultural levies and regulations can vary, often including fines and potential legal action to enforce compliance. The maximum penalties would be determined based on the specific breach and the relevant legislation governing such matters.
In conclusion, the National Residue Survey (Coarse Grains) Levy Act 1992 imposes a levy on coarse grains to fund residue surveys and is part of a broader regulatory framework. It obligates the collection and management of the levy according to the National Residue Survey Administration Act 1992. While specific penalties for non-compliance are not detailed in the Act, breaches may result in civil or criminal consequences, with penalties being determined by the severity of the breach and relevant regulations.