National Residue Survey (Customs) Levy Amendment Act 1999

Overview

The National Residue Survey (Customs) Levy Amendment Act 1999 was enacted by the Parliament of Australia to amend the National Residue Survey (Customs) Levy Act 1998, thereby addressing the need to update references to various primary industry levies within the Act. This amendment was necessary due to the establishment of the Primary Industries (Customs) Charges Act 1999, which consolidated and replaced several earlier Acts, including the Cattle (Producers) Export Charges Act 1997, the Horticultural Export Charge Act 1987, and the Live‑Stock (Producers) Export Charges Act 1997. The objective of this legislative amendment is to ensure that the definitions and references within the National Residue Survey (Customs) Levy Act 1998 are aligned with the new legal framework established by the Primary Industries (Customs) Charges Act 1999. This Act commenced on the commencement of section 1 of the Primary Industries (Excise) Levies Act 1999, thereby ensuring that the amendments are applied consistently across related legislation.

Scope and Application

The National Residue Survey (Customs) Levy Amendment Act 1999 amends the National Residue Survey (Customs) Levy Act 1998, primarily by updating the references to the relevant charge acts for cattle, horticultural products, and sheep and lambs. This amendment ensures that the definitions and application of levies align with the new Primary Industries (Customs) Charges Act 1999. The Act applies to the export of cattle, leviable horticultural products, and sheep, lambs, or goats following the commencement of the respective amendments. These amendments are effective from the date of commencement of section 1 of the Primary Industries (Excise) Levies Act 1999. The changes are designed to integrate and streamline the regulatory framework for residue surveys and customs levies associated with the export of these primary industries' products.

Key Provisions

The National Residue Survey (Customs) Levy Amendment Act 1999 primarily serves to update the definitions and references in the National Residue Survey (Customs) Levy Act 1998. Specifically, it amends the definitions of cattle and dairy cattle (section 1, clause 1 of Schedule 2), horticultural products (section 1, clause 1 of Schedule 4), and lamb and sheep (section 1, clause 1 of Schedule 5). These amendments realign the references from older acts, such as the Cattle (Producers) Export Charges Act 1997, to the more recent Primary Industries (Customs) Charges Act 1999. The changes are designed to reflect the current legislative framework and ensure consistency across related statutes. The Act imposes several obligations on the parties and entities it governs. Firstly, it mandates that the updated definitions take effect from specific dates post the Act's commencement, meaning that the export of cattle, sheep, lambs, and goats, as well as the export of leviable horticultural products, will be subject to the revised definitions. This ensures that the levies and surveys are applied correctly and consistently as per the updated legislative references. Moreover, the Act requires that all exports of these specified products adhere to the new definitions, which will subsequently impact the application of the residue survey levies. Failure to comply with the provisions of the National Residue Survey (Customs) Levy Act 1998, as amended by this Act, can lead to significant consequences. While the Act itself does not explicitly state the penalties for non-compliance, breaches of related customs and levy regulations can result in both civil and criminal penalties. Typically, civil penalties for non-compliance with customs regulations may include fines, and in severe cases, criminal charges could be pursued. The exact penalties would depend on the specific breach and the relevant provisions of the Primary Industries (Customs) Charges Act 1999 or other applicable legislation. It is crucial for entities involved in the export of these products to ensure compliance to avoid potential legal repercussions.