Primary Industries Levies and Charges Collection (Deer and Deer Velvet) Regulations (Amendment) 1997 No. 365
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 365
Issued by Authority of the Minister for Primary Industries and Energy
Deer Slaughter Levy Act 1992
Primary Industries Levies and Charges Collection Act 1991
Primary Industries Levies and Charges Collection (Deer and Deer Velvet) Regulations (Amendment)
Section 9 of the Deer Slaughter Levy Act 1992 (the Act) provides that the Governor-General may make regulations, prescribing matters required or permitted by this Act to be prescribed.
Section 30 of the Primary Industries Levies and Charges Collection Act 1991 (the Collection Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for the purposes of carrying out or giving effect to the Collection Act, in particular the making of provisions in relation to the payment of levy or amounts on account of levy and other amounts payable to the Commonwealth, such as penalties.
The purpose of the regulations is to decrease the operative rate of levy for deer slaughter under paragraph 7 (4) (b) of the Act from 15.5 cents per kilogram of slaughtered deer to 15.0 cents per kilogram of slaughtered deer. The deer slaughter levy is used for research and development purposes. The Deer Industry Association of Australia has sought this reduction so that 3.0 cents per kilogram of slaughtered deer can be used to fund the full cost of a chemical residue monitoring program. The overall rate of 18 cents per kilogram will remain the same.
Access to certain markets requires participation in an official national chemical residue monitoring program, as is the case for red meat products into domestic and export markets. Regulations covering the 3.0 cents per kilogram of slaughtered deer for the purposes of the National Residue Survey are the subject of a separate submission.
This rate of levy is effective from 1 January 1998, and is consistent with the wishes of the Deer Industry Association of Australia, the recognised representative industry organisation, in accordance with its current commitment to the National Residue Survey.
Overview
The Primary Industries Levies and Charges Collection (Deer and Deer Velvet) Regulations (Amendment) 1997 No. 365 was enacted to amend the existing regulations regarding the collection of levies on deer and deer velvet. This regulation was introduced to address a specific need identified by the Deer Industry Association of Australia to fund a chemical residue monitoring program. The reduction in the operative rate of levy from 15.5 cents to 15.0 cents per kilogram of slaughtered deer was sought by the industry to support this program, ensuring that deer products can access certain markets which require participation in such monitoring schemes. This amendment was made under the authority of the Minister for Primary Industries and Energy, ensuring alignment with the objectives of the Deer Slaughter Levy Act 1992 and the Primary Industries Levies and Charges Collection Act 1991. The amendment aims to facilitate the funding of critical industry-wide monitoring programs, thereby supporting both the industry's commercial interests and broader public health objectives.
Scope and Application
The Primary Industries Levies and Charges Collection (Deer and Deer Velvet) Regulations (Amendment) 1997 No. 365 amends the levy rates for deer slaughter under the Deer Slaughter Levy Act 1992. This legislation applies to entities involved in the deer industry, specifically those who are responsible for the slaughter of deer. The amended rate reduces the levy from 15.5 cents per kilogram to 15.0 cents per kilogram of slaughtered deer, which aligns with the industry's request to allocate 3.0 cents per kilogram to fund a chemical residue monitoring program. This program is essential for maintaining compliance with market access requirements, particularly for red meat products entering domestic and export markets. The regulations are applicable nationally, ensuring that all entities involved in the deer industry across Australia comply with the new levy rates. The amendment does not alter the overall levy rate, which remains at 18 cents per kilogram, but redistributes the funds to support the necessary monitoring program. The changes are effective from 1 January 1998, in line with the industry's commitment to the National Residue Survey as advocated by the Deer Industry Association of Australia.
Key Provisions
The regulations under the Primary Industries Levies and Charges Collection (Deer and Deer Velvet) Regulations (Amendment) 1997 No. 365 primarily modify the operative rate of the levy on deer slaughter as stipulated in Section 7 (4) (b) of the Deer Slaughter Levy Act 1992 (Section 7 (4) (b)). The amendment reduces the levy rate from 15.5 cents per kilogram of slaughtered deer to 15.0 cents per kilogram. The overall levy rate remains at 18 cents per kilogram, with the 3.0 cents per kilogram allocated specifically for a chemical residue monitoring program. This adjustment aligns with the Deer Industry Association of Australia's recommendation to ensure compliance with market access requirements for red meat products in both domestic and export markets.
The regulations impose specific obligations on the entities governed by the Act, primarily requiring compliance with the amended levy rates. The parties involved, such as deer farmers and processors, must adhere to the new rate for levy payments starting from 1 January 1998. The regulations also necessitate that the 3.0 cents per kilogram be used exclusively for funding the chemical residue monitoring program, ensuring that these funds are not diverted for other purposes. This requirement is crucial for maintaining market access and ensuring the safety and quality of deer meat products.
Breaches of the regulations may result in civil or criminal consequences, although specific offences and penalties are not detailed in the explanatory statement. Typically, under the Primary Industries Levies and Charges Collection Act 1991 (Section 30), non-compliance with regulations related to levy payments could lead to fines or other penalties as prescribed by the Act. The exact penalties would depend on the nature and severity of the breach, but they could include financial penalties or legal action to enforce compliance. It is essential for entities governed by these regulations to ensure they meet the prescribed requirements to avoid such consequences.