Primary Industries Levies and Charges Collection (National Residue Survey - Cattle Transactions) Regulations 1993 No. 76
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 76
Issued by Authority of the Minister for Primary Industries and Energy
National Residue Survey Administration Act 1992
Primary Industries Levies and Charges Collection Act 1991
Primary Industries Levies and Charges Collection (National Residue Survey - Cattle Transactions) Regulations
Section 13 of the National Residue Survey Administration Act 1992 (the 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 Act.
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.
The purpose of the proposed regulations is to provide the appropriate administrative measures under which the Primary Industries Levies and Charges Collection (National Residue Survey-Cattle Transactions) Regulations will operate from 1 July 1993.
Previous arrangements for the National Residue Survey levy on cattle were made under the Cattle Transaction Levy Act 1990. From 1 July 1993 legislative provisions bring the National Residue Survey levy for cattle under the above Acts. The transitional arrangements for transactions prior to 1 July 1993, but not finalised, are provided for in the National Residue Survey (Consequential Provisions) Act 1992.
The National Residue Survey (Cattle Transactions) Levy Act 1992 imposes the National Residue Survey levy.
Overview
The Primary Industries Levies and Charges Collection (National Residue Survey - Cattle Transactions) Regulations 1993 were enacted to establish the administrative framework for the implementation of the National Residue Survey (NRS) levy on cattle transactions, as provided under the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992. These regulations address the need for a comprehensive and efficient system to collect the NRS levy, ensuring it aligns with the objectives of the National Residue Survey. The NRS aims to monitor and control chemical residues in cattle to protect public health and maintain confidence in the safety of Australian beef and cattle products. Issued by authority of the Minister for Primary Industries and Energy, the regulations seek to streamline the levy collection process, replacing the previous arrangements under the Cattle Transaction Levy Act 1990 and ensuring a smooth transition as stipulated in the National Residue Survey (Consequential Provisions) Act 1992.
Scope and Application
The Primary Industries Levies and Charges Collection (National Residue Survey - Cattle Transactions) Regulations 1993 apply to the collection of the National Residue Survey levy for cattle transactions under the National Residue Survey Administration Act 1992 and the Primary Industries Levies and Charges Collection Act 1991. These regulations govern the administrative measures necessary for the effective implementation of the levy, which is intended to fund the National Residue Survey. The levy applies to entities involved in cattle transactions, which include cattle producers, agents, processors, and any other persons or entities engaged in the cattle industry. The regulations cover transactions taking place within Australia, ensuring a national approach to the administration of the levy. Transitional provisions outlined in the National Residue Survey (Consequential Provisions) Act 1992 address cattle transactions occurring before the regulations' effective date of 1 July 1993. The regulations do not specify exclusions or exemptions but provide the framework through which the levy is collected, aligning with the overarching legislative intent to support the National Residue Survey. The regulations may be extended or restricted through subordinate instruments, ensuring the ongoing relevance and effectiveness of the levy collection process.
Key Provisions
The Primary Industries Levies and Charges Collection (National Residue Survey - Cattle Transactions) Regulations 1993 (the Regulations) were made under section 13 of the National Residue Survey Administration Act 1992 and section 30 of the Primary Industries Levies and Charges Collection Act 1991. These Regulations detail the administrative measures necessary for implementing the National Residue Survey (Cattle Transactions) Levy Act 1992, which imposes a levy on cattle transactions from 1 July 1993 onwards. The Regulations ensure that the collection and management of this levy align with the legislative framework established by the aforementioned Acts.
The Regulations require cattle producers and those involved in cattle transactions to comply with specific obligations. These obligations include the accurate reporting of cattle transactions, which are crucial for the administration of the National Residue Survey. The Regulations mandate that all participants must keep detailed records of cattle transactions and submit these records to the relevant authorities. This includes information such as the number of cattle, their type, and the details of the transaction, which are essential for the survey's purposes. Furthermore, the Regulations stipulate that the levy must be paid on time, with specific details on the calculation and payment methods provided to ensure compliance.
Failure to comply with the obligations set out in the Regulations can result in civil and criminal consequences. Under the Regulations, non-compliance may lead to fines and penalties. The maximum penalty for contravening the Regulations can be substantial, reflecting the seriousness of ensuring accurate and timely reporting. Additionally, persistent non-compliance may lead to more severe legal actions, including potential prosecutions. The Regulations emphasise the importance of adhering to the stipulated obligations to avoid these consequences.