Primary Industries Levies and Charges Collection (National Residue Survey - Horse Slaughter) Regulations (Amendment) 1994 No. 160
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 160
Issued by Authority of the Minister for Primary Industries and Energy
Primary Industries Levies and Charges Collection Act 1991
National Residue Survey Administration Act 1992
Primary Industries Levies and Charges Collection (National Residue Survey - Horse Slaughter) Regulations (Amendment)
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 Collection Act, prescribing all matters required or permitted to be prescribed, or necessary or convenient to be prescribed for 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.
Section 13 of the National Residue Survey Administration Act 1992 (the NRS Act) provides that the Governor-General may make regulations, not inconsistent with the NRS Act, prescribing all matters required or permitted by the NRS Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the NRS Act.
The purpose of the regulations is to increase the operative levy rate for the slaughter of horses under the Primary Industries Levies and Charges Collection (National Residue Survey-Horse Slaughter) Regulations from to 1 July 1994.
The prescribed operative rate of levy appearing in Regulation 9 of the Primary Industries Levies and Charges Collection (National Residue Survey-Horse Slaughter) Regulations has been increased from $2.00 per head to $2.10 per head.
This rate of levy is effective from 1 July 1994, 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 - Horse Slaughter) Regulations (Amendment) 1994 No. 160 were issued by the authority of the Minister for Primary Industries and Energy to amend the existing regulations under the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992. The primary objective of these regulations is to adjust the levy rate for horse slaughter under the National Residue Survey to facilitate full cost recovery, as agreed upon by the industry. Effective from 1 July 1994, the operative levy rate was increased from $2.00 to $2.10 per head, aligning with industry commitments to ensure the sustainability and effectiveness of the National Residue Survey. This amendment was enacted to address the need for revised financial contributions from stakeholders to support the ongoing operations of the survey.
Scope and Application
The Primary Industries Levies and Charges Collection (National Residue Survey - Horse Slaughter) Regulations (Amendment) 1994 No. 160, made under the authority of the Minister for Primary Industries and Energy, amends the existing regulations to adjust the operative levy rate for the slaughter of horses in alignment with the National Residue Survey. These regulations pertain to the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992, applying specifically to the levy rates for horse slaughter within Australia. The regulations are designed to ensure that the National Residue Survey, which monitors drug residues in horses, is adequately funded through levies collected from those involved in horse slaughter. The amended levy rate of $2.10 per head, effective from 1 July 1994, represents a small increase from the previous rate of $2.00 per head, and is intended to cover the full cost of the survey as per industry commitments. These regulations apply nationally and are intended to facilitate the smooth operation of the National Residue Survey by providing a consistent and reliable funding mechanism.
Key Provisions
The Primary Industries Levies and Charges Collection (National Residue Survey - Horse Slaughter) Regulations (Amendment) 1994 No. 160, issued under the authority of the Minister for Primary Industries and Energy, modifies the existing regulations concerning the levy rates for horse slaughter under the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992. The primary change introduced by these regulations is the amendment of the operative levy rate for horse slaughter, as detailed in Regulation 9, which has been increased from $2.00 per head to $2.10 per head. This amendment becomes effective from 1 July 1994 and aligns with industry's commitment to the National Residue Survey under the principle of full cost recovery.
These regulations impose specific obligations on entities and individuals involved in horse slaughter, primarily focusing on the financial aspect of compliance. According to the amended Regulation 9, all parties involved in the slaughter of horses must now pay an increased levy of $2.10 per head, effective from 1 July 1994. This levy is a necessary contribution to the National Residue Survey, which aims to monitor and manage residues in horse meat, ensuring food safety and compliance with health standards. The obligation to remit this levy is a statutory requirement under the Primary Industries Levies and Charges Collection Act 1991, ensuring that the funds collected are used for the intended survey activities.
In the event of non-compliance with these regulations, there are potential legal consequences. While the specific provisions concerning offences, penalties, or civil/criminal consequences for breach are not explicitly detailed in the explanatory statement, it is implied that failure to pay the prescribed levy rate could result in penalties. Under the general provisions of the Primary Industries Levies and Charges Collection Act 1991, non-compliance could lead to enforcement actions, which may include fines or other administrative penalties. The exact nature and extent of these penalties would be governed by the overarching legislation and any applicable regulations or guidelines established by the relevant authorities.