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

Overview

The Primary Industries Levies and Charges Collection (National Residue Survey - Game Animals) Regulations Amendment 1994 No. 459, issued by authority of the Minister for Primary Industries and Energy, amends the Primary Industries Levies and Charges Collection (National Residue Survey - Game Animals) Regulations in respect of the National Residue Survey (Game Animals) Levy Act 1992. This legislative instrument addresses the need to adjust the levy rate for kangaroos under the regulations to better align with industry expectations and the commitment to the National Residue Survey under the principle of full cost recovery. Enacted by the Australian Parliament, the objective of this amendment is to reduce the levy rate for kangaroos from six cents to five cents per carcase, effective from 1 July 1994, thereby reflecting the industry's stance and ensuring the continued viability of the national residue survey program.

Scope and Application

The Primary Industries Levies and Charges Collection (National Residue Survey - Game Animals) Regulations Amendment 1994 No. 459 applies to entities and persons involved in the commercial harvesting of kangaroos, aligning with the scope of the National Residue Survey (Game Animals) Levy Act 1992. The amendment specifically adjusts the levy rate for kangaroos, reducing it from six cents to five cents per carcass, effective from 1 July 1994. This amendment applies nationally across Australia, as the Act and its subordinate regulations are under the purview of the Commonwealth, thereby impacting all states and territories. The regulations do not specify exclusions or exemptions, implying that all commercial kangaroo harvesters are subject to the amended levy rate. The legislative adjustments are implemented through statutory rules issued by the Minister for Primary Industries and Energy, ensuring compliance with the Act’s objectives of conducting a national residue survey on game animals while achieving full cost recovery as agreed upon by industry stakeholders.

Key Provisions

The key provisions of the Primary Industries Levies and Charges Collection (National Residue Survey - Game Animals) Regulations Amendment 1994 No. 459 involve specific changes to the levy rates applicable to kangaroos. Section 8 of the National Residue Survey (Game Animals) Levy Act 1992 empowers the Governor-General to make regulations necessary for the implementation and enforcement of the Act. In this instance, the regulations adjust the levy rate for kangaroos, reducing it from six cents per carcase to five cents per carcase, effective from 1 July 1994. This reduction is in line with industry commitments to the National Residue Survey, aiming for full cost recovery. These regulations impose specific obligations on parties governed by the Act, primarily concerning the collection and payment of the revised levy rate. Entities responsible for the processing or sale of kangaroo carcases must ensure compliance with the new levy rate, which is intended to streamline costs and support the objectives of the National Residue Survey. This includes updating internal systems and documentation to reflect the new rate, as well as ensuring that all transactions are accurately charged accordingly. Breaches of these regulations may result in various civil or administrative consequences. While the specific penalties are not detailed in the explanatory statement, non-compliance with the revised levy rate could potentially lead to fines or other enforcement actions as stipulated under the National Residue Survey (Game Animals) Levy Act 1992. The intent behind these regulations is to maintain accurate and efficient collection of levies, ensuring the continued support and funding of the National Residue Survey without unduly burdening industry stakeholders.