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

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

Statutory Rules 1993 No. 83 as amended

made under the

Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey (Game Animals) Levy Act 1992

Repeal effective from 1 August 1998

Consolidated as in force on 5 May 1999

(includes amendments up to SR 1997 No. 359)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

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

Statutory Rules 1993 No. 83 as amended

made under the

Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey (Game Animals) Levy Act 1992

Contents

Page

 1 Citation [see Note 1] 

 2 Commencement 

 3 Incorporation 

 4 Interpretation 

 5 Levy year 

 6 Who is a producer? 

 7 What is the rate of NRS levy payable on pigs? 

 8 What is the rate of NRS levy payable on goats? 

 9 What is the rate of NRS Levy payable on kangaroos? 

 10 What is the rate of NRS levy payable on other game animals?             

 11 When is NRS levy due for payment? 

 12 Who must lodge a monthly return? 

 13 When must a monthly return be lodged? 

 14 Returns 

 15 Records to be kept 

 16 Records — 5 year retention period 

Notes

 

 

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1 Citation [see Note 1]

  These regulations may be cited as the Primary Industries Levies and Charges Collection (National Residue Survey — Game Animals) Regulations.

2 Commencement

  These regulations commence on 1 July 1993.

3 Incorporation

  The Primary Industries Levies and Charges Collection Regulations are incorporated and must be read as one with these regulations.

4 Interpretation

  In these regulations, unless the contrary intention appears:

month means a calendar month.

NRS Levy Act means the National Residue Survey (Game Animals) Levy Act 1992.

NRS levy means levy imposed by section 6 of the NRS Levy Act on the processing at a processing establishment of game animals intended for human consumption.

producer, in relation to game animals processed at a processing establishment, means the person who is taken to be the producer under regulation 6.

return means a return lodged under regulation 12.

5 Levy year

  For the purposes of the definition of levy year in subsection 4 (1) of the Collection Act, a financial year is the prescribed period in relation to game animals.

6 Who is a producer?

  For the purposes of paragraph (e) of the definition of producer in subsection 4 (1) of the Collection Act:

 (a) game animals are prescribed; and

 (b) if the game animals are processed at only one processing establishment — the proprietor of the establishment is taken to be the producer of the game animals; and

 (c) if the game animals are partly processed at one processing establishment and partly processed at another processing establishment or at other processing establishments — the proprietor of the processing establishment at which the game animals were last processed is taken to be the producer of the animals.

7 What is the rate of NRS levy payable on pigs?

  For the purposes of section 6 of the NRS Levy Act, the rate of NRS levy payable on the processing of pigs is 12 cents per carcase.

8 What is the rate of NRS levy payable on goats?

  For the purposes of section 6 of the NRS Levy Act, the rate of NRS levy payable on the processing of goats is 3 cents per carcase.

9 What is the rate of NRS Levy payable on kangaroos?

  For the purposes of section 6 of the NRS Levy Act, the rate of NRS levy payable on the processing of kangaroos is 4 cents per carcase.

10 What is the rate of NRS levy payable on other game animals?

  For the purposes of section 6 of the NRS Levy Act, the rate of NRS levy payable on the processing of other game animals is $00.00 per carcase.

11 When is NRS levy due for payment?

  For the purposes of section 6 of the Collection Act, NRS levy is due for payment on the last day for lodging a return for the game animals.

Note   For penalty, see section 15 of the Collection Act.

12 Who must lodge a monthly return?

  A producer who, in any month, processes at a processing establishment game animals on which NRS levy is payable must lodge a return for the month.

Note   For penalty, see section 24 of the Collection Act.

13 When must a monthly return be lodged?

  A monthly return must be lodged on or before the 28th day after the end of the month to which the return relates.

Note   For penalty, see section 24 of the Collection Act.

14 Returns

 (1) A return lodged by a producer must:

 (a) set out all the particulars referred to in subregulation (2) that are applicable to the producer; and

 (b) include a declaration, signed by the producer that the particulars set out in the return are correct in every material particular; and

 (c) be lodged at the Office of the Secretary of the Department in Canberra.

 (2) The particulars to be included in a return are:

 (a) the full name and business address or residential address of the producer, not being a post office box address or a post office bag address; and

 (b) if the producer has a post office box address or post office bag address — that address; and

 (c) the full name and business address of the processing establishment, not being a post office box address or a post office bag address; and

 (d) if the processing establishment has a post office box address or post office bag address — that address; and

 (e) the month to which the return relates; and

 (f) the number of pigs on which NRS levy is payable that were processed at the processing establishment in the month; and

 (g) the number of goats on which NRS levy is payable that were processed at the processing establishment in the month; and

 (h) the number of kangaroos on which NRS levy is payable that were processed at the processing establishment in the month; and

 (i) the number of other game animals on which NRS levy is payable that were processed at the processing establishment in the month; and

 (j) the total number of all game animals processed at the processing establishment in the month; and

 (k) the amount of NRS levy payable for the pigs; and

 (l) the amount of NRS levy payable for the goats; and

 (m) the amount of NRS levy payable for the kangaroos; and

 (n) the amount of NRS levy payable for the other game animals; and

 (o) the total amount of NRS levy payable in respect of all game animals referred to in paragraph (f), (g), (h) or (i).

Note   For penalty, see section 24 of the Collection Act.

15 Records to be kept

  A producer must keep records for each month showing:

 (a) the number of pigs on which NRS levy is payable that were processed at the processing establishment on each day of the month; and

 (b) the number of goats on which NRS levy is payable that were processed at the processing establishment on each day of the month; and

 (c) the number of kangaroos on which NRS levy is payable that were processed at the processing establishment on each day of the month; and

 (d) the number of other game animals on which NRS levy is payable that were processed at the processing establishment on each day of the month; and

 (e) the total number of pigs on which NRS levy is payable that were processed at the processing establishment during the month; and

 (f) the total number of goats on which NRS levy is payable that were processed at the processing establishment during the month; and

 (g) the total number of kangaroos on which NRS levy is payable that were processed at the processing establishment during the month; and

 (h) the total number of other game animals on which NRS levy is payable that were processed at the processing establishment during the month; and

 (i) the total number of game animals of a kind referred to in paragraphs (e), (f), (g) or (h), processed at the processing establishment during the month.

Penalty:   10 penalty units.

16 Records — 5 year retention period

  The producer must retain the records for at least 5 years.

Penalty:   10 penalty units.

Notes to the Primary Industries Levies and Charges Collection (National Residue Survey — Game Animals) Regulations

Note 1

The Primary Industries Levies and Charges Collection (National Residue Survey — Game Animals) Regulations (in force under the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey (Game Animals) Levy Act 1992) as shown in this reprint comprise Statutory Rules 1993 No. 83 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1993 No. 83

17 May 1993

1 July 1993

 

1993 No. 250 (a)

22 Sept 1993

1 July 1993

1994 No. 459 (a)

30 Dec 1994

1 July 1994

1997 No. 358

15 Dec 1997

1 Jan 1998

1997 No. 359

15 Dec 1997

1 July 1997

(a) Statutory Rules 1993 No. 250 and 1994 No. 459 were made under the National Residue Survey (Game Animals) Levy Act 1992.

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 8.................

am. 1997 No. 359

R. 9.................

am. 1993 No. 250; 1994 No. 459; 1997 No. 358

 

 

Overview

The Primary Industries Levies and Charges Collection (National Residue Survey — Game Animals) Regulations 1993 were enacted under the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey (Game Animals) Levy Act 1992. These regulations were introduced to address the need for a systematic collection of levies on game animals intended for human consumption, ensuring that sufficient funds were raised for the National Residue Survey to monitor chemical residues in these animals. The regulations were formulated by the Parliament of Australia and were designed to ensure compliance with the specified levies and the proper collection and retention of related records by producers. The policy objective behind these regulations is to support public health and safety by monitoring and controlling chemical residues in game animals, thereby protecting consumers from potential health risks associated with the consumption of these animals. The regulations outline specific levy rates for different types of game animals, establish the timing and requirements for levy payments and record-keeping, and define the responsibilities of producers in processing and reporting these animals. These provisions aim to create a transparent and accountable system for levy collection, which is essential for the effective functioning of the National Residue Survey. The regulations came into effect on 1 July 1993 and have been subject to subsequent amendments to refine the regulatory framework and ensure its continued relevance and effectiveness.

Scope and Application

The Primary Industries Levies and Charges Collection (National Residue Survey – Game Animals) Regulations 1993, as amended, apply to producers of game animals intended for human consumption and aim to collect levies imposed under the National Residue Survey (Game Animals) Levy Act 1992. These regulations specify the rate of levy for different types of game animals, such as pigs, goats, kangaroos, and other game animals, with the levy being payable on a per-carcase basis. The regulations define who is considered a producer, which can be the proprietor of the processing establishment where the game animals are last processed, and outline the process for lodging monthly returns and keeping records. The geographic scope of these regulations is national, as they are made under Commonwealth legislation. There are no explicit exclusions or exemptions noted within the text; however, the application is limited to producers processing game animals for human consumption. The regulations can be extended or modified through subordinate instruments, as evidenced by the amendments listed in the notes to the regulations.

Key Provisions

The Primary Industries Levies and Charges Collection (National Residue Survey — Game Animals) Regulations (SR 1993 No. 83) detail the requirements for levying a National Residue Survey (NRS) levy on game animals processed for human consumption. These regulations were made under the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey (Game Animals) Levy Act 1992. They establish the rates of levy on different types of game animals, the timing of levy payments, and the reporting and record-keeping obligations for producers. According to section 7, the rate of NRS levy payable on the processing of pigs is 12 cents per carcass. Section 8 specifies that the rate of levy on goats is 3 cents per carcass, while section 9 sets the levy rate for kangaroos at 4 cents per carcass. Section 10 states that the rate for other game animals is $0.00 per carcass. These regulations impose specific obligations on producers who process game animals for human consumption. Under section 12, any producer who processes game animals on which NRS levy is payable in any given month is required to lodge a monthly return for that month. Section 13 mandates that such returns must be lodged on or before the 28th day following the end of the relevant month. Section 14 outlines the particulars that must be included in a return, such as the producer's name and address, the name and address of the processing establishment, the number of each type of game animal processed, and the amount of NRS levy payable for each type. Producers must also keep detailed records for each month, as specified in section 15, and retain these records for at least five years, as stated in section 16. The regulations also detail the penalties for non-compliance. For instance, under section 15, a penalty of 10 penalty units applies for failure to keep required records, while section 16 imposes the same penalty for not retaining records for the requisite period. The severity of penalties is further delineated in the relevant sections of the Primary Industries Levies and Charges Collection Act 1991, which references maximum penalties for non-compliance. These penalties are intended to ensure compliance with the levy and reporting requirements set out in the regulations.

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