National Residue Survey (Dried Fruits) Levy Act 1992

Overview

The National Residue Survey (Dried Fruits) Levy Act 1992 was enacted by the Parliament of Australia to address the need for a dedicated financial mechanism to support the national residue survey of dried fruits. This Act was introduced to ensure that the necessary resources were available to monitor and manage the residues in dried fruits, thereby protecting public health and ensuring compliance with food safety standards. The Act imposes a levy on dried fruits to fund these activities, aligning with the policy objective of maintaining stringent residue monitoring and control in the dried fruits sector. The Act binds the Crown in right of each of the States, the Australian Capital Territory, the Northern Territory, and Norfolk Island, ensuring comprehensive coverage across all jurisdictions. By enacting this legislation, the Parliament aimed to establish a structured and consistent approach to managing the risks associated with residue levels in dried fruits, thereby fostering consumer confidence and safeguarding the integrity of the dried fruits industry.

Scope and Application

The National Residue Survey (Dried Fruits) Levy Act 1992 applies to the imposition of a specific levy related to dried fruits across various Australian jurisdictions. This Act binds the Crown in right of each of the states, the Australian Capital Territory, the Northern Territory, and Norfolk Island, ensuring that the levy is applicable to government entities within these areas. The levy is specifically targeted at dried fruits, defined by reference to the Dried Fruits Levy Act 1971, and is designed to fund national residue surveys for these products. The Act came into effect on 1 July 1993, and the levy is managed under the provisions of the National Residue Survey Administration Act 1992. The scope of the Act is limited to the specified dried fruits and does not extend to other types of produce or products. No specific exclusions or exemptions are mentioned in the provided text, and the Act may be further refined or extended through subordinate instruments as necessary to administer the levy effectively.

Key Provisions

The main operative sections of the National Residue Survey (Dried Fruits) Levy Act 1992 (sections 1 to 5) establish the legislative framework for the imposition of a national residue survey levy in respect of certain dried fruits. Section 1 provides the short title of the Act, while Section 2 sets the date of commencement at 1 July 1993. Section 3 clarifies that the term "dried fruits" is defined as per the Dried Fruits Levy Act 1971. The binding of the Crown under Section 4 ensures that the Act applies to the government entities of the states, territories, and Norfolk Island. Finally, Section 5 specifies the imposition of the National Residue Survey Levy as defined in the National Residue Survey Administration Act 1992, specifically for dried fruits. The obligations and requirements imposed by the Act on the parties or entities it governs are primarily centred around the levy on dried fruits. Given that the Act binds the Crown in all specified territories, it mandates that the government collect the National Residue Survey Levy from producers or importers of dried fruits. This levy is intended to fund the national residue survey activities aimed at ensuring the safety and quality of dried fruits entering the market. The levy must be collected in accordance with the provisions outlined in the National Residue Survey Administration Act 1992, which includes the administrative framework for levy collection, reporting, and usage. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within its text. However, the overarching legislation, the National Residue Survey Administration Act 1992, which governs the administration of the levy, likely contains provisions detailing the enforcement mechanisms, penalties, and consequences for non-compliance. These could include fines or other civil penalties for failure to pay the levy or provide required information, as well as criminal penalties for deliberate or repeated breaches. The exact penalties would be detailed in the National Residue Survey Administration Act 1992 and may vary depending on the severity and nature of the breach.