National Residue Survey (Honey) Levy Act 1992

Overview

The National Residue Survey (Honey) Levy Act 1992 was enacted by the Parliament of Australia to address the need for a specific levy on honey to fund national residue surveys, thereby ensuring the safety and quality of honey entering the market. The Act was designed to complement the broader legislative framework established by the Honey Levy (No. 1) Act 1962 and the Honey Levy (No. 2) Act 1962, focusing on the imposition of a levy for the purpose of conducting residue surveys on honey. The levy, as defined in the National Residue Survey Administration Act 1992, is applicable to honey as specified under the earlier Honey Levy Acts. The primary objective of this legislation is to ensure that honey sold in Australia meets specific residue standards, thereby protecting consumer health and maintaining the integrity of the honey industry.

Scope and Application

The National Residue Survey (Honey) Levy Act 1992 applies to honey that is subject to the levy under the Honey Levy (No. 1) Act 1962 or the Honey Levy (No. 2) Act 1962. This Act imposes a National Residue Survey Levy on honey to support activities related to the monitoring and surveillance of contaminants and residues in honey, ensuring that honey produced within Australia meets national safety standards. The Act binds the Crown in right of each of the states, the Australian Capital Territory, the Northern Territory, and Norfolk Island, indicating its broad jurisdictional reach across Australia. The Act itself does not explicitly state any exclusions, exemptions, or thresholds, but it is administered in conjunction with other legislative instruments such as the National Residue Survey Administration Act 1992, which may further define the scope and application of the levy. Through these subordinate instruments, the application of the levy can be extended or restricted as necessary.

Key Provisions

The National Residue Survey (Honey) Levy Act 1992 (sections 1–5) sets out the framework for the imposition of a levy on certain honey to fund the National Residue Survey. This Act is designed to complement the Honey Levy (No. 1) Act 1962 and the Honey Levy (No. 2) Act 1962, under which the levy is defined and collected. The Act commenced on 1 July 1993, and it binds the Crown in right of each state, the Australian Capital Territory, the Northern Territory, and Norfolk Island. The Act specifically imposes the National Residue Survey Levy on honey, aligning with the provisions of the National Residue Survey Administration Act 1992. Under this Act, there are certain obligations and requirements imposed on parties or entities it governs. The levy is specifically targeted at honey producers and importers, who are obligated to pay the National Residue Survey Levy in respect of the honey they produce or import. This levy is a financial contribution intended to support the National Residue Survey, which monitors and assesses chemical residues in honey. Producers and importers must ensure compliance with the levy requirements set forth in this Act and other relevant legislation. Breaches of the provisions under the National Residue Survey (Honey) Levy Act 1992 can result in various civil and criminal consequences. While the Act itself does not specify detailed penalties, the National Residue Survey Administration Act 1992 outlines the framework for penalties and enforcement. Non-compliance with the levy requirements may lead to fines and other civil penalties. In cases of significant non-compliance, criminal charges could be brought against the offending parties, resulting in substantial fines and, potentially, imprisonment. The specific penalties would be determined by the courts based on the severity and intent of the breach.