National Residue Survey (Game Animals) Levy Act 1992

Overview

The National Residue Survey (Game Animals) Levy Act 1992 was enacted by the Parliament of Australia to address the need for a systematic approach to monitoring and managing chemical residues in game animals intended for human consumption. The Act was introduced to impose a levy on the processing of certain game animals, thereby funding the National Residue Survey, which aims to ensure the safety of meat from these animals. This levy is payable by the producer at specified rates depending on the class of the game animal, as outlined in the Act. The levy supports the broader policy objective of maintaining public health standards by preventing the consumption of meat containing harmful residues. The Act binds the Crown in right of each state, the Australian Capital Territory, the Northern Territory, and Norfolk Island, ensuring that the levy applies uniformly across the country.

Scope and Application

The National Residue Survey (Game Animals) Levy Act 1992 applies to the processing of game animals intended for human consumption at processing establishments within the Commonwealth of Australia, binding the Crown in right of each of the states, the Australian Capital Territory, the Northern Territory, and Norfolk Island. The Act imposes a levy on the processing of certain game animals, defined as wild animals killed in their habitat by a shot from a firearm. This levy is paid by the producer of the game animals, with rates varying according to the class of the game animal, as specified in the Act or in any regulations made under it. Notably, the Act excludes game animals that are prescribed under subsection 5(2), where no levy is imposed. The Act's scope can be further defined or modified through regulations, which the Governor-General is empowered to make. These regulations can prescribe matters required or permitted by the Act, or those necessary or convenient to carry out or give effect to the Act.

Key Provisions

The National Residue Survey (Game Animals) Levy Act 1992 (sections 5 and 6) imposes a levy on the processing of game animals intended for human consumption at processing establishments, except where the game animal is prescribed and exempted from the levy. The levy rate is determined based on the class of the game animal, with specific rates listed in the Act or prescribed by regulations (section 6). The levy is payable by the producer of the game animal (section 7). The Act places several obligations on the entities it governs. Producers of game animals intended for human consumption must pay the levy at the specified rates (section 5). The Governor-General has the authority to make regulations to prescribe matters necessary for carrying out or giving effect to the Act, including rates for different classes or kinds of game animals (section 8). These regulations must align with the rates outlined in the Act or not exceed the maximum rates specified. Failure to comply with the requirements of the National Residue Survey (Game Animals) Levy Act 1992 can result in legal consequences. While the Act does not explicitly detail the specific offences, penalties, or consequences for breach, non-compliance with the levy requirements could potentially lead to enforcement actions by relevant authorities. Given the context of the Act and similar legislation, penalties for non-compliance might include fines or other civil or criminal sanctions as deemed appropriate by the courts or regulatory bodies. The maximum penalties, however, are not explicitly stated in the Act itself.