Primary Industries Levies and Charges Collection Amendment Act 1992

Overview

The Primary Industries Levies and Charges Collection Amendment Act 1992 was enacted to address gaps in the Primary Industries Levies and Charges Collection Act 1991, particularly concerning the levy and charges related to deer slaughter and deer velvet production and export. This Act, introduced by the Parliament of Australia, aims to clarify and enforce the liability of abattoir proprietors in relation to the payment of levies by those who bring deer for slaughter, ensuring that funds for these levies are provided before the slaughter can proceed. Additionally, it seeks to integrate new levies related to deer and deer velvet into the existing legislative framework, ensuring comprehensive collection and management of these charges. This amendment was necessary to maintain the integrity of the levy system and ensure that all stakeholders comply with the financial obligations associated with the processing and export of deer and deer-related products.

Scope and Application

The Primary Industries Levies and Charges Collection Amendment Act 1992 amends the Primary Industries Levies and Charges Collection Act 1991, introducing specific provisions that apply to intermediaries, particularly proprietors of abattoirs. The Act applies to any proprietor of an abattoir who may refuse to slaughter or permit the slaughter of deer owned by another person unless the owner provides funds for the payment of the applicable levy on the slaughter. This legislative amendment extends to any law of a state or territory and any contract entered into before the commencement of this Act, thereby overriding previous contractual agreements and state laws. The Act also extends its reach to decisions made by the Secretary or a delegate under the Deer Velvet Levy Act 1992 and the Deer Velvet Export Charge Act 1992, specifically concerning the declared value of deer velvet used in production or exported from Australia. This amendment ensures that these decisions are included within the scope of reconsideration and review provisions outlined in the Principal Act.

Key Provisions

The Primary Industries Levies and Charges Collection Amendment Act 1992 (sections 3 and 4) introduces specific provisions for the collection of levies and charges related to deer slaughter and deer velvet, amending the Primary Industries Levies and Charges Collection Act 1991. Under section 3, abattoir proprietors are now empowered to refuse to slaughter or permit the slaughter of deer owned by another person unless the funds for the required levy on that slaughter are provided beforehand. This amendment aims to ensure that the necessary levies are paid before the processing of the deer. Section 4 expands the scope of decisions that can be subject to reconsideration and review under the Principal Act, now including determinations about the declared value of deer velvet in the production of other goods or exported from Australia. These amendments are designed to provide clarity and additional oversight in the valuation and levy processes related to deer and deer velvet. The obligations imposed by the Act on the parties involved, particularly abattoir proprietors and individuals or entities involved in deer slaughter or deer velvet trade, are clearly defined. Abattoir proprietors must ensure they receive the necessary funds for the levy before proceeding with the slaughter of deer owned by others, as outlined in section 3. This requirement is intended to streamline the collection process and prevent any delays or defaults in levy payments. Additionally, the inclusion of specific determinations under section 4 means that all relevant parties must be aware of the potential for their decisions to be reviewed, ensuring compliance with the valuation and levy requirements set forth by the amended Act. Breach of the provisions set out in the Act can lead to various consequences, both civil and criminal. While the Act itself does not explicitly outline specific offences or penalties, it is likely that non-compliance with the levy payment requirements could result in fines or other enforcement actions under the broader legislative framework governing primary industries and levies in Australia. For example, failure to provide the necessary funds for the levy before slaughter could potentially lead to legal action by the abattoir proprietor, or enforcement actions by the relevant authorities. The potential penalties would depend on the specific breach and the applicable laws governing such actions within the primary industries sector.