Primary Industries Levies and Charges Collection (National Residue Survey - Cattle Transactions) Regulations (Amendment)

Overview

The Primary Industries Levies and Charges Collection (National Residue Survey - Cattle Transactions) Regulations (Amendment) 1994 No. 161 was enacted to amend the existing regulatory framework concerning the collection of levies and charges related to the National Residue Survey for cattle transactions. This legislative amendment was introduced to address the need for increased funding within the cattle industry to support both specific targeted testing programs and ongoing monitoring initiatives. The regulations were issued by authority of the Minister for Primary Industries and Energy and were designed to align with the existing legislative mandates under the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992. The primary objective was to enhance the financial resources available to ensure effective implementation of residue survey activities, thereby safeguarding public health and maintaining the integrity of the cattle industry.

Scope and Application

The Primary Industries Levies and Charges Collection (National Residue Survey - Cattle Transactions) Regulations (Amendment) 1994 No. 161 applies to the collection of levies under the Primary Industries Levies and Charges Collection Act 1991 and the administration of these levies as specified in the National Residue Survey Administration Act 1992. This amendment primarily affects entities and persons involved in cattle transactions, including the transfer of ownership, delivery to processors, slaughter, and exportation of cattle within Australia. The increased levy rate from 18 cents to 26 cents per head is intended to ensure sufficient funding for the National Residue Survey, which includes targeted testing and ongoing monitoring programs. The regulations have a national reach as they are made under Commonwealth legislation and apply across all states and territories of Australia. No specific exclusions or exemptions are mentioned in the text, but the application is subject to the terms of the overarching Acts. The regulations may be further extended or restricted through subordinate instruments as necessary to implement the purposes of the Acts.

Key Provisions

The regulations primarily amend the levy rates for cattle transactions under the Primary Industries Levies and Charges Collection (National Residue Survey - Cattle Transactions) Regulations. Specifically, Section 30 of the Primary Industries Levies and Charges Collection Act 1991 empowers the Governor-General to make these regulations. The new rates, as detailed in the Schedule of the National Residue Survey Administration Act 1992, increase the operative levy from eighteen (18) cents per head to twenty-six (26) cents per head, effective from 1 July 1994. This increase applies to various cattle transactions, including the transfer of ownership, delivery to a processor, slaughter, and exportation of cattle. The amendment aims to ensure sufficient funding for both targeted testing and ongoing monitoring programs, responding to industry concerns. The obligations imposed by these regulations on parties involved in cattle transactions include compliance with the updated levy rates. Any entity involved in the transfer of ownership, delivery, slaughter, or exportation of cattle must now account for the increased levy rate of twenty-six (26) cents per head. This requirement applies to all transactions occurring from 1 July 1994 onwards, necessitating adjustments in their financial planning and reporting to ensure compliance with the new levy structure. Breaching the provisions of these regulations can result in both civil and criminal consequences. Under the Primary Industries Levies and Charges Collection Act 1991, any entity that fails to comply with the new levy rates may be subject to penalties. The exact penalties are not specified in the provided text, but generally, non-compliance with such regulations can lead to fines or other financial penalties. In severe cases, there may be criminal charges, which could result in more substantial penalties, including imprisonment, depending on the nature and severity of the breach. It is imperative for entities involved in cattle transactions to adhere to the new levy rates to avoid these potential consequences.