National Residue Survey Levy Regulations (Amendment)

Overview

The National Residue Survey Administration Act 1992 was enacted to address the need for a comprehensive monitoring program for chemical residues in animal products. This Act empowers the Governor-General to make regulations necessary for the effective implementation of the national residue survey. The problem it was designed to address includes ensuring the safety of animal products for human consumption by monitoring and controlling chemical residues. The policy objective is to safeguard public health and maintain consumer confidence in the quality and safety of animal products. The regulations amending the National Residue Survey Levy in 1995, as detailed in Statutory Rules 1995 No. 308, were introduced to adjust the levy structure to better align with the financial requirements of the monitoring program, particularly in response to the Deer Farmer's Federation of Australia's need to recover costs associated with their chemical residue monitoring efforts.

Scope and Application

The National Residue Survey Levy Regulations (Amendment) 1995 No. 308 amends the National Residue Survey Levy Regulations under the National Residue Survey Administration Act 1992. This Act applies to the administration and management of a national residue survey, primarily focusing on the chemical residues in meat and animal products. The regulations impact entities and individuals involved in the meat industry, specifically those who slaughter deer for commercial purposes. This includes deer farmers and processors within Australia, as the Act has a national jurisdictional reach. The amendments remove the reference to a nil levy for the slaughter of deer, allowing the Deer Farmer's Federation of Australia to recover the costs associated with the national chemical residue monitoring program through a levy payment. The specific amount of 2.5 cents per kilogram of slaughtered deer is addressed in a separate submission. The regulations do not specify exclusions or exemptions, nor do they mention thresholds, but they extend the application of the Act through the prescribed levy on deer slaughter.

Key Provisions

The main sections of the National Residue Survey Levy Regulations (Amendment) 1995 No. 308 pertain to the adjustment of the prescribed levy for the slaughter of deer, as outlined in section 13 of the National Residue Survey Administration Act 1992. This amendment removes the reference to the previously prescribed levy of "$0.00" for deer slaughter, reflecting the Deer Farmer's Federation of Australia's decision to recover costs through a levy payment rather than maintaining the previous zero-rate structure. The regulations aim to establish a new financial mechanism to support the national chemical residue monitoring program. The Act imposes specific obligations on the parties involved, particularly the Deer Farmer's Federation of Australia. It mandates that the Federation will collect the prescribed levy from relevant parties to fund its national chemical residue monitoring program. This levy is designed to ensure that the monitoring program is adequately resourced and can continue its critical work in chemical residue surveillance. The Federation is responsible for administering the levy and ensuring its collection in compliance with the regulations. Failure to comply with the requirements set forth in the regulations can lead to various consequences. While the specific offences and penalties are not detailed in the explanatory statement, the regulations are made under the authority of the Minister for Primary Industries and Energy. Therefore, breaches of these regulations may result in civil or criminal penalties, depending on the nature and severity of the breach. The Act itself may outline specific sanctions, including fines and other enforcement actions, which would be applicable in cases of non-compliance. The exact penalties would need to be cross-referenced with the primary Act and any relevant subordinate legislation.