Primary Industries Levies and Charges Collection (National Residue Survey - Horse Slaughter) Regulations (Amendment) 1997 No. 207
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 207
Issued by Authority of the Minister for Primary Industries and Energy
National Residue Survey (Horse Slaughter) Levy 1992
Primary Industries Levies and Charges Collection (National Residue Survey - Horse Slaughter) Regulations (Amendment)
Section 13 of the National Residue Survey (Horse Slaughter) Levy 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 correct a minor drafting error that occurred in the original regulations. The regulations are used to set the operative rate of levy to be recovered from the 'Horse Slaughter for Human Consumption' industry for its compulsory chemical residue monitoring program. The correction now makes it clear that the rate of levy set by regulation is triggered by section 6 of the NRS Act, not by sub-section 9 (2) as previously quoted.
The regulations do not disadvantage any person in any way, nor impose a legal liability upon a person, in the context of paragraphs 48(2)(a) and 48(2)(b) of the Acts Interpretation Act 1901.
Overview
The Primary Industries Levies and Charges Collection (National Residue Survey - Horse Slaughter) Regulations (Amendment) 1997 No. 207, issued by authority of the Minister for Primary Industries and Energy, were enacted to address a minor drafting error in the original regulations. This amendment to the National Residue Survey (Horse Slaughter) Levy Act 1992 aims to clarify that the rate of levy is triggered by section 6 of the NRS Act rather than sub-section 9 (2) as previously stated. This legislative change ensures that the levy rate, intended to fund the compulsory chemical residue monitoring program for the 'Horse Slaughter for Human Consumption' industry, is accurately and effectively applied. The regulation does not impose any disadvantage or legal liability on individuals, aligning with the provisions of the Acts Interpretation Act 1901.
Scope and Application
The Primary Industries Levies and Charges Collection (National Residue Survey - Horse Slaughter) Regulations (Amendment) 1997 No. 207, issued under the authority of the Minister for Primary Industries and Energy, amends the original regulations made under the National Residue Survey (Horse Slaughter) Levy Act 1992. The regulations pertain specifically to the 'Horse Slaughter for Human Consumption' industry, aiming to ensure the correct implementation of the chemical residue monitoring program. This is achieved by clarifying the rate of levy, which is now explicitly tied to section 6 of the NRS Act, correcting a previous misattribution to subsection 9(2). The application of these regulations is national in scope, affecting entities within the horse slaughter industry across Australia, as the NRS Act operates on a Commonwealth level. There are no exclusions or exemptions provided in these regulations, which maintain the original intent and scope of the compulsory monitoring program. The regulations are designed to correct a drafting error and do not impose any new liabilities or disadvantages on the industry, ensuring compliance with the Acts Interpretation Act 1901.
Key Provisions
The Primary Industries Levies and Charges Collection (National Residue Survey - Horse Slaughter) Regulations (Amendment) 1997 No. 207, corrects a minor drafting error in the original regulations made under the National Residue Survey (Horse Slaughter) Levy Act 1992 (NRS Act). Specifically, section 1 of these amending regulations clarifies that the operative rate of levy is triggered by section 6 of the NRS Act, as opposed to the previously quoted sub-section 9 (2). This amendment ensures that the regulatory framework accurately reflects the legislative intent and corrects a technical oversight in the original regulations.
The regulations impose certain obligations and requirements on the entities within the 'Horse Slaughter for Human Consumption' industry, primarily focusing on the collection and payment of the levy. Under section 2 of the amending regulations, these entities must ensure they adhere to the corrected provisions regarding the levy rate. The regulations require that the levy be set at a rate prescribed by regulation and collected as per the NRS Act, ensuring that the necessary funds are raised for the compulsory chemical residue monitoring program. This obligation is crucial for maintaining the integrity and safety of the horse meat supply chain.
In terms of potential breaches and consequences, the amending regulations do not introduce new offences or penalties but clarify the existing framework. Any entity that fails to comply with the corrected levy rate as set out in the amended regulations could face legal action under the NRS Act. Although the amending regulations themselves do not specify new penalties, the overarching NRS Act provides for enforcement mechanisms, including fines and legal proceedings, to ensure compliance. It is important for entities within the industry to understand and adhere to these regulations to avoid any legal repercussions.