National Residue Survey (Horticultural Products) Levy Act 1992

Overview

The National Residue Survey (Horticultural Products) Levy Act 1992, enacted by the Parliament of Australia and assented to on 24 December 1992, addresses the need for a structured approach to monitor and manage pesticide residues in horticultural products. This Act was designed to impose a levy on certain horticultural products to fund the National Residue Survey, which aims to ensure the safety and quality of these products by assessing the presence of chemical residues. The levy is to be managed under the National Residue Survey Administration Act 1992 and is specifically applicable to products defined under the Horticultural Levy Act 1987. The policy objective behind this legislation is to safeguard public health by maintaining high standards of residue monitoring and management in the horticultural sector. This Act also ensures that the levy applies to the Crown in various territories, thereby encompassing a broad scope of enforcement and regulatory oversight. The levy, which commenced on 1 July 1993, is integral to the administration and funding of the National Residue Survey, thereby supporting the overarching goal of protecting consumers and maintaining the integrity of Australia’s horticultural industry.

Scope and Application

The National Residue Survey (Horticultural Products) Levy Act 1992 applies to the imposition of a National Residue Survey Levy on specific horticultural products as defined under the Horticultural Levy Act 1987. This levy is applicable to products subject to the provisions of the Horticultural Levy Act, which typically includes a broad range of fruits, vegetables, and other plant-based products. The Act binds the Crown in right of each of the States, the Australian Capital Territory, the Northern Territory, and Norfolk Island, ensuring its application across these jurisdictions. The levy is designed to fund the National Residue Survey, which monitors pesticide residues in horticultural products, ensuring they comply with safety standards. The geographic reach of the Act extends to all areas within Australia where horticultural products are produced and fall under the scope of the Horticultural Levy Act. The Act does not specify any exclusions, exemptions, or thresholds within its text, however, it is likely that these are defined under the National Residue Survey Administration Act 1992 or other related legislation. The Act's application may be further extended or restricted through subordinate instruments, such as regulations or guidelines, which would detail specific implementation processes and compliance requirements.

Key Provisions

The National Residue Survey (Horticultural Products) Levy Act 1992 (sections 1–5) establishes the framework for imposing a national residue survey levy on certain horticultural products. Section 1 provides the short title of the Act, while Section 2 indicates that the Act came into effect on 1 July 1993. Section 3 defines the term "horticultural products" to mean those products on which a levy is imposed under the Horticultural Levy Act 1987. Section 4 stipulates that the Act binds the Crown in right of each of the states, the Australian Capital Territory, the Northern Territory, and Norfolk Island. Finally, Section 5 imposes the National Residue Survey Levy on horticultural products to the extent that it is payable under the National Residue Survey Administration Act 1992. The Act imposes obligations on various parties involved in the production, handling, and sale of horticultural products. Producers and handlers of these products are required to pay the National Residue Survey Levy as stipulated by the Act. This levy is intended to fund the national residue survey activities necessary to monitor and assess the presence of chemical residues in horticultural products. Compliance with the levy requirements is essential for all entities engaged in the production and distribution of these products to ensure they contribute to the funding of the survey activities. Breach of the obligations outlined in the National Residue Survey (Horticultural Products) Levy Act 1992 can result in various consequences. While the Act does not explicitly detail specific offences, penalties, or maximum penalties in the provided excerpt, it is likely that non-compliance with the levy requirements could result in legal action. The penalties for such breaches might include fines, legal sanctions, or other enforcement actions as prescribed by the relevant administrative or judicial bodies. It is advisable to consult the full text of the Act or related legislation for detailed information on penalties and enforcement measures.