National Residue Survey (Sheep, Lambs and Goats Transactions) Levy Act 1997

Overview

The National Residue Survey (Sheep, Lambs and Goats Transactions) Levy Act 1997 was enacted by the Parliament of Australia to establish a levy for the National Residue Survey concerning certain transactions and other dealings involving sheep, lambs, and goats. This Act was designed to address the need for monitoring and controlling residue levels in these animals to ensure food safety and quality, particularly in the context of livestock transactions and processing for human consumption. The levy is imposed on transactions and other dealings with sheep, lambs, or goats and is payable by the person liable under the Livestock Transactions Levy Act 1997. The policy objective is to support the National Residue Survey by funding necessary monitoring and research activities. The Act stipulates the rates of levy, with 2 cents per head for sheep and lambs, and 3 cents per head for goats, unless otherwise prescribed by regulations. This levy is intended to provide financial resources for the survey activities, thereby contributing to the broader goal of safeguarding public health and maintaining the integrity of the livestock industry. The Act binds the Crown in right of the states, Australian Capital Territory, Northern Territory, and Norfolk Island but does not apply to the Commonwealth.

Scope and Application

The National Residue Survey (Sheep, Lambs and Goats Transactions) Levy Act 1997 applies to transactions and other dealings involving sheep, lambs, and goats, imposing a National Residue Survey Levy on these livestock transactions. The Act applies to all dealings where ownership is transferred, the livestock is delivered to a processor, or the livestock is slaughtered for human consumption. The levy is applicable to these transactions and dealings occurring after the Act's commencement, which coincides with the commencement of Part 3 of the Australian Meat and Livestock Industry Act 1997. The Act binds the Crown in right of each of the States, the Australian Capital Territory, the Northern Territory, and Norfolk Island, but it does not bind the Crown in right of the Commonwealth. The Act also allows for the imposition of different rates of levy, with the default rates being 2 cents for each head of sheep or lambs and 3 cents for each head of goats, although these rates can be varied by regulation. The person liable to pay the levy under the Livestock Transactions Levy Act 1997 is responsible for paying the National Residue Survey Levy, and the Governor-General has the authority to make regulations necessary for the implementation of the Act.

Key Provisions

The National Residue Survey (Sheep, Lambs and Goats Transactions) Levy Act 1997 (sections 1-8) outlines the imposition of a levy for the National Residue Survey on transactions and dealings involving sheep, lambs and goats. Section 1 provides that the Act may be cited as the National Residue Survey (Sheep, Lambs and Goats Transactions) Levy Act 1997. Section 2 states that the Act commences at the commencement of Part 3 of the Australian Meat and Livestock Industry Act 1997. Section 3 provides definitions for terms used in the Act, such as "lamb", "sheep", "slaughter" and "transaction or other dealing". Section 5 imposes a National Residue Survey Levy on transactions or dealings with sheep, lambs or goats, if the levy is payable under the Livestock Transactions Levy Act 1997. Section 6 sets the rates of the levy, with 2 cents or a prescribed amount (not exceeding 8 cents) for each head of sheep or lambs and 3 cents or a prescribed amount (not exceeding 8 cents) for each head of goats. Section 7 states that the levy is payable by the person liable to pay levy under the Livestock Transactions Levy Act 1997. Section 8 allows the Governor-General to make regulations prescribing any matters required or permitted by the Act or necessary or convenient for carrying out or giving effect to the Act. The Act imposes several obligations on the parties or entities it governs. Firstly, the levy must be paid by the person who is liable to pay levy under the Livestock Transactions Levy Act 1997 on a transaction or other dealing with sheep, lambs or goats. Secondly, the Act requires that the levy be imposed on transactions or dealings with sheep, lambs or goats if the levy is payable under the Livestock Transactions Levy Act 1997. Thirdly, the Act sets the rates of the levy, with 2 cents or a prescribed amount (not exceeding 8 cents) for each head of sheep or lambs and 3 cents or a prescribed amount (not exceeding 8 cents) for each head of goats. Fourthly, the Governor-General may make regulations prescribing any matters required or permitted by the Act or necessary or convenient for carrying out or giving effect to the Act. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it is likely that failure to pay the levy or non-compliance with the Act may result in penalties under the Livestock Transactions Levy Act 1997 or other relevant legislation. The maximum penalties for offences under the Livestock Transactions Levy Act 1997 include fines of up to $22,200 for individuals and $111,000 for bodies corporate, as well as imprisonment for up to two years for serious offences. It is important to note that the penalties and consequences for breach may vary depending on the specific circumstances and relevant legislation.