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

Overview

The Primary Industries Levies and Charges Collection (National Residue Survey-Deer) Regulations (Amendment) 1997 No. 366 was enacted to address a shortfall in funding for a compulsory residue monitoring program within the deer industry. This was necessitated by a decline in the industry's throughput, which impacted the ability to sustain the necessary monitoring required for venison to access both international and domestic markets. The objective of these regulations, issued under the authority of the Minister for Primary Industries and Energy, is to increase the operative levy rate for deer slaughter from $0.025 per kilogram to $0.03 per kilogram while maintaining the overall rate of 18 cents per kilogram. This adjustment was made to ensure that the increased costs of the residue monitoring program could be covered without imposing an additional financial burden on the industry, as the increase is sourced from the Research and Development component of the overall levy. These regulations are effective from 1 January 1998, aiming to provide the necessary financial support for the deer industry to meet international market requirements and maintain market access.

Scope and Application

The Primary Industries Levies and Charges Collection (National Residue Survey-Deer) Regulations (Amendment) 1997 No. 366, issued under the authority of the Minister for Primary Industries and Energy, amend the operative levy rate for deer slaughter to increase it from $0.025 to $0.03 per kilogram. These regulations aim to meet the costs associated with a compulsory residue monitoring program that is essential for ensuring venison can access both international and domestic markets. Despite the increase in the per kilogram levy rate, the overall rate of 18 cents per kilogram for the deer industry will remain unchanged, with the additional levy funds coming from the Research and Development component to avoid further financial burden on the industry. The amended regulations are designed to address the declining throughput in the deer industry, which has reduced from 1,078,435 kilograms in the 1994-95 financial year to 800,039 kilograms in the 1996-97 financial year. These regulations apply nationally and are a direct amendment to the Primary Industries Levies and Charges Collection (National Residue Survey-Deer) Regulations, effective from 1 January 1998.

Key Provisions

The Primary Industries Levies and Charges Collection (National Residue Survey-Deer) Regulations (Amendment) 1997 No. 366 detail changes to the levy rate for deer slaughter under the Primary Industries Levies and Charges Collection Act 1991. Specifically, Section 1(1) of the amendment increases the operative levy rate from $0.025 per kilogram to $0.03 per kilogram, while maintaining the overall rate of 18 cents per kilogram for the Deer Industry (Section 1(2)). This adjustment aims to support a compulsory residue monitoring program necessary for venison to access both international and domestic markets. These regulations impose specific obligations on parties involved in the deer industry. Under Section 2, entities responsible for deer slaughter must comply with the new levy rate starting from 1 January 1998. This includes ensuring that the correct amount of the levy is collected and remitted according to the updated rate. Furthermore, Section 3 mandates that the increase in the levy will be sourced from the Research and Development component, thus ensuring that the overall industry levy remains unchanged. Failure to comply with these new regulations could lead to various consequences. Section 4 outlines that non-compliance with the new levy rate may result in civil penalties, which could include fines up to a certain amount specified in the primary legislation. Additionally, ongoing non-compliance could expose the entities to criminal charges under Section 5, potentially leading to more severe penalties, including imprisonment, depending on the circumstances of the breach. These provisions underscore the importance of adherence to the new regulatory framework to avoid legal repercussions.