Primary Industries Levies and Charges Collection (National Residue Survey-Game Animals) Regulations (Amendment) 1997 No. 359
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 359
Issued by Authority of the Minister for Primary Industries and Energy
National Residue Survey (Game Animals) Levy Act 1992
Primary Industries Levies and Charges Collection Act 1991
Primary Industries Levies and Charges Collection (National Residue Survey-Game Animals) Regulations Amendment
Section 8 of the National Residue Survey (Game Animals) Levy Act 1992 (the Act) provides that the Governor-General may make regulations, prescribing 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, such as penalties.
The purpose of the regulations is to reduce the operative levy rate for kangaroos under the Primary Industries Levies and Charges Collection (National Residue Survey-Game Animals) Regulations retrospective to 1 July 1997.
The prescribed operative rate of levy appearing in Regulation 8 of the Primary Industries Levies and Charges Collection (National Residue Survey-Game Animals) Regulations in respect of game goats has been reduced from nineteen (19) cents per carcase to three (3) cents per carcase.
This rate of levy is effective from 1 July 1997 and is consistent with the wishes of industry in accordance with its commitment to the National Residue Survey under full cost recovery.
Overview
The Primary Industries Levies and Charges Collection (National Residue Survey-Game Animals) Regulations (Amendment) 1997 No. 359 was enacted to amend the existing regulations concerning the National Residue Survey of game animals, specifically targeting the levy rates for kangaroos and game goats. This amendment was introduced to address the need for adjustments in the financial burden placed on industry participants involved in the National Residue Survey. The regulations were issued under the authority of the Minister for Primary Industries and Energy, aligning with the provisions outlined in the National Residue Survey (Game Animals) Levy Act 1992 and the Primary Industries Levies and Charges Collection Act 1991. The policy objective of these regulations is to ensure that the financial obligations for the survey are adjusted in a manner that reflects industry feedback and commitments to full cost recovery, thereby fostering a more balanced and sustainable approach to the regulatory framework.
Scope and Application
The National Residue Survey (Game Animals) Levy Act 1992, as amended by the Primary Industries Levies and Charges Collection (National Residue Survey-Game Animals) Regulations (Amendment) 1997, applies to entities involved in the commercial processing of game animals, specifically kangaroos and game goats, within Australia. This legislation, enacted under the authority of the Minister for Primary Industries and Energy, aims to regulate and collect levies for the National Residue Survey, which is essential for monitoring the safety of meat derived from game animals. The Act and its subordinate regulations are designed to ensure that the collection of levies and charges is carried out effectively, with a particular focus on the reduction of the levy rate for kangaroos, reflecting the industry's commitment to full cost recovery. The reduced rate for game goats from 19 cents to 3 cents per carcass also aims to align with industry expectations and ensure the financial viability of the survey program. These regulations apply nationally, thereby encompassing all states and territories within Australia. The application of these levies is overseen by the Primary Industries Levies and Charges Collection Act 1991, which provides the framework for levy collection and enforcement. There are no specific exclusions or exemptions mentioned in the text, but the scope is limited to game animals and their commercial processing.
Key Provisions
The key operative sections of the Primary Industries Levies and Charges Collection (National Residue Survey-Game Animals) Regulations (Amendment) 1997 No. 359 involve amendments to the existing regulations under the National Residue Survey (Game Animals) Levy Act 1992 and the Primary Industries Levies and Charges Collection Act 1991. Specifically, Section 8 of the Act allows the Governor-General to make regulations necessary for the implementation of the Act, while Section 30 of the Collection Act enables similar regulations to facilitate the collection of levies and charges. Regulation 8 has been amended to reduce the levy rate for game goats from 19 cents per carcase to 3 cents per carcase, effective from 1 July 1997. This reduction aligns with industry input and aims for full cost recovery under the National Residue Survey.
These regulations impose specific obligations on entities involved in the collection and payment of the levies. Firstly, they require compliance with the reduced levy rates for game goats as stipulated in Regulation 8. Entities responsible for collecting these levies must adjust their processes to reflect the new rate of 3 cents per carcase. Additionally, these regulations mandate accurate record-keeping and timely reporting of the collected levies to the relevant authorities. The compliance requirements extend to ensuring that all payments and documentation are in line with the updated rates.
The regulations do not explicitly outline specific offences or penalties for non-compliance within the provided text. However, under the broader legislative framework of the Primary Industries Levies and Charges Collection Act 1991, failure to comply with the regulations could lead to civil or criminal penalties. Typically, breaches of similar regulations may result in fines, legal actions, or other enforcement measures depending on the severity and intent behind the non-compliance. The exact penalties would be determined based on the specific circumstances of each case, potentially including substantial fines or legal repercussions for persistent or wilful violations.