National Residue Survey (Consequential Provisions) Act 1992
No. 247 of 1992
An Act to amend the Cattle Transaction Levy Act 1990 and the Primary Industries Levies and Charges Collection Act 1991 and to transfer certain funds, because of the enactment of the National Residue Survey Administration Act 1992
Contents
1 Short title
2 Commencement
3 Consequential amendment of other Acts
4 Transfer of funds etc. to National Residue Survey Account
5 Appropriation
Schedule—Consequential amendments of other Acts
National Residue Survey (Consequential Provisions) Act 1992
No. 247 of 1992
An Act to amend the Cattle Transaction Levy Act 1990 and the Primary Industries Levies and Charges Collection Act 1991 and to transfer certain funds, because of the enactment of the National Residue Survey Administration Act 1992
[Assented to 24 December 1992]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the National Residue Survey (Consequential Provisions) Act 1992.
2 Commencement
This Act commences on 1 July 1993.
3 Consequential amendment of other Acts
The Acts specified in the Schedule are amended as set out in the Schedule.
4 Transfer of funds etc. to National Residue Survey Account
If, after the commencement of this Act:
(a) an amount, expressed to be for the purposes of the National Residue Survey, is collected or received by or on behalf of the Commonwealth; and
(b) the amount is not covered by section 7 of the National Residue Survey Administration Act 1992;
the Commonwealth is to pay an amount equal to that amount into the National Residue Survey Account.
5 Appropriation
Amounts payable into the Account under section 4 are payable out of the Consolidated Revenue Fund which is appropriated accordingly.
Schedule—Consequential amendments of other Acts
Section 3
Cattle Transaction Levy Act 1990
Paragraphs 6(1)(d) and (2)(d):
Insert ‘if the levy is imposed before 1 July 1993—’ before ‘$0.12’.
Primary Industries Levies and Charges Collection Act 1991
Subsection 4(1) (definition of examinable documents):
After paragraph (h), insert:
‘(i) exporters;’.
Schedule 2:
Insert after ‘Meat Chicken Levy Act 1969’ the following items:
‘National Residue Survey (Aquatic Animal Export) Levy Act 1992
National Residue Survey (Game Meat) Levy Act 1992
National Residue Survey (Horse Slaughter) Levy Act 1992’.
Overview
The National Residue Survey (Consequential Provisions) Act 1992 was enacted by the Parliament of Australia to address the need for consequential amendments and fund transfers arising from the establishment of the National Residue Survey Administration Act 1992. This legislation was necessary to ensure that the new administrative framework for the National Residue Survey was effectively integrated into existing regulatory structures, particularly concerning the collection of levies and charges related to primary industries. The Act specifically amends the Cattle Transaction Levy Act 1990 and the Primary Industries Levies and Charges Collection Act 1991 to reflect the changes brought about by the new survey administration act. Additionally, it provides for the transfer of certain funds collected for the National Residue Survey purposes into a designated account, ensuring proper allocation and management of these funds in accordance with the legislative intent of the National Residue Survey Administration Act 1992.
Scope and Application
The National Residue Survey (Consequential Provisions) Act 1992 applies to the consequential amendments of specific Acts related to the National Residue Survey (NRS) and the transfer of funds collected under certain conditions. The Act amends the Cattle Transaction Levy Act 1990 and the Primary Industries Levies and Charges Collection Act 1991, and facilitates the transfer of funds collected for the purposes of the NRS into the National Residue Survey Account. The Act applies to the Commonwealth of Australia and its territories, and it was enacted to ensure the smooth transition and implementation of the National Residue Survey Administration Act 1992. Any amounts collected or received by or on behalf of the Commonwealth for the NRS, which are not covered by the NRS Administration Act 1992, are to be paid into the National Residue Survey Account as stipulated in the Act. The Act's provisions extend to subordinate instruments that may further define or refine its application.
Key Provisions
The National Residue Survey (Consequential Provisions) Act 1992 (No. 247 of 1992) is an Act that amends the Cattle Transaction Levy Act 1990 and the Primary Industries Levies and Charges Collection Act 1991, and transfers certain funds due to the enactment of the National Residue Survey Administration Act 1992. The Act commences on 1 July 1993, and it includes consequential amendments to other Acts as specified in the Schedule. Specifically, Section 3 of the Act provides for amendments to the Cattle Transaction Levy Act 1990 by inserting a phrase into paragraphs 6(1)(d) and (2)(d), and Section 4 of the Act amends the Primary Industries Levies and Charges Collection Act 1991 by adding a new definition of 'exporters' to subsection 4(1) and by inserting new items into Schedule 2.
The Act imposes obligations on parties involved in cattle transactions and primary industries levies. It mandates that if an amount collected or received for the National Residue Survey is not covered by section 7 of the National Residue Survey Administration Act 1992, the Commonwealth must pay an equivalent amount into the National Residue Survey Account. Furthermore, it ensures that amounts payable into this account are sourced from the Consolidated Revenue Fund, as appropriated in Section 5 of the Act.
Breaches of the provisions outlined in the National Residue Survey (Consequential Provisions) Act 1992 could lead to civil or criminal consequences, although the Act does not explicitly state the specific offences, penalties, or consequences for non-compliance. However, considering the nature of the amendments, any failure to adhere to the prescribed levies, amendments, or fund transfers could result in legal actions under the broader framework of Australian administrative and financial laws. The maximum penalties for such breaches would depend on the specific provisions of the amended Acts and the relevant administrative and financial laws of Australia.