National Residue Survey (Ratite Slaughter) Levy Act 1997
No. 93, 1997
National Residue Survey (Ratite Slaughter) Levy Act 1997
No. 93, 1997
An Act to impose levy on the slaughter of ratites, and for purposes dealing with the imposition of the levy
Contents
1 Short title..................................1
2 Commencement..............................2
3 Act binds Crown..............................2
4 Interpretation................................2
5 Imposition..................................2
6 Rate of levy.................................2
7 Who pays the levy.............................3
8 Regulations.................................3
National Residue Survey (Ratite Slaughter) Levy Act 1997
No. 93, 1997
An Act to impose levy on the slaughter of ratites, and for purposes dealing with the imposition of the levy
[Assented to 30 June 1997]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the National Residue Survey (Ratite Slaughter) Levy Act 1997.
2 Commencement
This Act commences on 1 July 1997.
3 Act binds Crown
This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.
4 Interpretation
(1) In this Act:
ratite means an emu, ostrich, cassowary, kiwi or rhea.
(2) Unless the contrary intention appears, a word or expression has the same meaning in this Act as it has in the Primary Industries Levies and Charges Collection Act 1991.
5 Imposition
(1) Subject to subsection (2), National Residue Survey Levy is imposed on the slaughter at an abattoir of ratites intended for human consumption.
(2) Levy is not imposed on the slaughter of ratites the carcases of which are, under a law of the Commonwealth, of a State or of a Territory, condemned or rejected by an inspector as being unfit for human consumption.
6 Rate of levy
(1) The rate of levy imposed in respect of emus is 75 cents per head or such other rate, not exceeding $5.00 per head, as is prescribed by regulation.
(2) The rates of levy imposed in respect of ratites other than emus are such respective rates, not exceeding $5.00 per head, as are prescribed by regulation.
7 Who pays the levy
The levy is payable by the person who owns the ratites when the slaughter takes place.
8 Regulations
The Governor‑General may make regulations prescribing any matters dealing with the imposition of the levy that:
(a) are required or permitted by this Act to be prescribed; or
(b) are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
[Minister’s second reading speech made in—
House of Representatives on 26 March 1997
Senate on 29 May 1997]
Overview
The National Residue Survey (Ratite Slaughter) Levy Act 1997, enacted by the Parliament of Australia, was introduced to address the need for a financial mechanism to fund the National Residue Survey, which monitors chemical and drug residues in ratites intended for human consumption. This Act aims to impose a levy on the slaughter of ratites such as emus, ostriches, cassowaries, kiwis, and rheas, at abattoirs, with the exception of those deemed unfit for human consumption under relevant laws. The levy is designed to be paid by the owner of the ratites at the time of slaughter, with rates prescribed by regulation and not exceeding $5.00 per head for non-emu ratites and 75 cents per head for emus. The Governor-General is empowered to make regulations necessary for the implementation of this Act.
Scope and Application
The National Residue Survey (Ratite Slaughter) Levy Act 1997 imposes a levy on the slaughter of ratites, specifically emus, ostriches, cassowaries, kiwis, and rheas, intended for human consumption at an abattoir. The Act applies to individuals or entities that own ratites at the time of their slaughter for human consumption, with the exception of those ratites whose carcases are condemned or rejected by an inspector as unfit for human consumption under Commonwealth, state, or territory law. The levy rate for emus is set at 75 cents per head, while the rates for other ratites are prescribed by regulation and cannot exceed $5.00 per head. The Act binds the Crown in right of each of the states, the Australian Capital Territory, the Northern Territory, and Norfolk Island, and it commenced on 1 July 1997. The Governor-General is empowered to make regulations necessary or convenient for carrying out or giving effect to the Act, including prescribing matters related to the imposition of the levy.
Key Provisions
The National Residue Survey (Ratite Slaughter) Levy Act 1997 (sections 5 and 6) imposes a levy on the slaughter of ratites, specifically emus, ostriches, cassowaries, kiwis, and rheas, at an abattoir for human consumption. This levy does not apply to ratites that are condemned or rejected as unfit for human consumption by an inspector under any relevant law (section 5(2)). The rate of the levy is set at 75 cents per head for emus, with other ratites having rates not exceeding $5.00 per head, as prescribed by regulation (section 6). The owner of the ratites at the time of slaughter is responsible for paying this levy (section 7).
The Act imposes several obligations on those involved in the slaughter of ratites for human consumption. Owners of ratites must ensure they pay the applicable levy when their ratites are slaughtered at an abattoir (section 7). The Act also empowers the Governor-General to make regulations that prescribe any necessary details regarding the levy, including the rates for different types of ratites, provided these rates do not exceed the specified maximums (section 8).
The Act includes provisions for enforcement and compliance. While specific offences and penalties are not detailed in the provided text, it is typical for such legislation to include provisions for penalties in the regulations or related acts. Generally, breaches of levy imposition and payment requirements can result in civil or criminal penalties, which might include fines or other legal consequences as prescribed by relevant laws or regulations. The exact penalties would be detailed in the regulations made under the authority of this Act.