Primary Industries Levies and Charges Collection (National Residue Survey - Laying Chicken) Regulations (Amendment) 1994 No. 167
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 167
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 - Laying Chicken) 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 decrease the operative levy rate on laying chickens under the Primary Industries Levies and Charges Collection (National Residue Survey-Laying Chicken) 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-Laying Chicken) Regulations has been decreased from .48 cents per head to .40 cents 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 - Laying Chicken) Regulations (Amendment) 1994 No. 167 were issued under the authority of the Minister for Primary Industries and Energy to amend the existing regulations concerning the levy rate for laying chickens under the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992. These regulations were enacted to address the need to adjust the operative levy rate for laying chickens as part of the National Residue Survey. The policy objective was to align the levy rate with industry expectations and ensure full cost recovery for the survey. The operative levy rate was decreased from 0.48 cents per head to 0.40 cents per head, effective from 1 July 1994.
Scope and Application
The Primary Industries Levies and Charges Collection (National Residue Survey - Laying Chicken) Regulations (Amendment) 1994 No. 167 applies to entities involved in the laying chicken industry, specifically those who are subject to the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992. These regulations are designed to adjust the levy rate for laying chickens under the National Residue Survey, which is a national scheme aimed at monitoring chemical residues in food-producing animals. The regulations affect the industry by altering the financial obligations of participants involved in the survey. Geographically, the regulations apply across Australia, as they are made under the authority of the Commonwealth. The regulations do not specify exclusions or exemptions; however, they do alter the existing levy structure to a lower rate of 0.40 cents per head effective from 1 July 1994, reflecting a commitment to full cost recovery and industry wishes. The regulations are subordinate to the primary acts, with the Governor-General having the authority to make further regulations as necessary or convenient to implement the acts' provisions.
Key Provisions
The main operative sections of these regulations pertain to the amendment of the Primary Industries Levies and Charges Collection (National Residue Survey - Laying Chicken) Regulations, specifically targeting the levy rate for laying chickens (Reg 9). Section 30 of the Primary Industries Levies and Charges Collection Act 1991 empowers the Governor-General to establish regulations concerning the payment of levies, including those related to the National Residue Survey. The amendment reduces the levy rate from.48 cents per head to.40 cents per head, effective from 1 July 1994.
These regulations impose obligations on entities involved in the poultry industry to adhere to the updated levy rate. The decreased levy rate is reflective of the industry's commitment to the National Residue Survey under the full cost recovery model. Therefore, entities such as poultry farmers, processors, and distributors must comply with the new rate, ensuring that the appropriate levy amount is collected and remitted as per the amended regulations.
The regulations do not explicitly outline specific offences, penalties, or consequences for non-compliance within the text provided. However, failure to comply with the Primary Industries Levies and Charges Collection Act 1991 or the National Residue Survey Administration Act 1992 could potentially lead to enforcement actions. These may include fines or other civil or criminal penalties as prescribed by the relevant legislation, although the specific maximum penalties are not detailed within the excerpt. It is prudent for industry participants to ensure full compliance to avoid any potential repercussions.