Primary Industries Levies and Charges Collection (National Residue Survey - Livestock Slaughter) Regulations (Amendment) 1994 No. 165
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 165
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 - Livestock 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 ail 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 for sheep and lambs, and to increase the operative levy rate for buffaloes, under the Primary Industries Levies and Charges Collection (National Residue Survey-Livestock Slaughter) Regulations from to 1 July 1994.
The prescribed operative rate of levy for sheep appearing in Regulation 5 of the Primary Industries Levies and Charges Collection (National Residue Survey-Livestock Slaughter) Regulations has been decreased from $0.05 per head to $0.03 per head.
The prescribed operative rate of levy for lambs appearing in Regulation 6 of the Primary Industries Levies and Charges Collection (National Residue Survey-Livestock Slaughter) Regulations has been decreased from $0.05 per head to $0.03 per head.
The prescribed operative rate of levy for buffaloes appearing in Regulation 8 of the Primary Industries Levies and Charges Collection (National Residue Survey-Livestock Slaughter) Regulations has been increased from $0.00 per head to $5.00 per head.
These rates of levy are effective from 1 July 1994, and are consistent with the wishes of the sheepmeat industry and the buffalo meat exporters in accordance with their commitment to the National Residue Survey under full cost recovery.
Overview
The Primary Industries Levies and Charges Collection (National Residue Survey - Livestock Slaughter) Regulations (Amendment) 1994 No. 165 was enacted to amend the rates of levy for specific livestock under the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992. These regulations were introduced to address discrepancies in the levy rates for sheep, lambs, and buffaloes, aligning them with the cost recovery objectives of the respective industries. The amendments were made under the authority of the Minister for Primary Industries and Energy and aim to ensure that the levies accurately reflect the costs associated with the National Residue Survey for livestock slaughter. The new rates, effective from 1 July 1994, reduce the levy for sheep and lambs while increasing it for buffaloes, reflecting the industry's commitment to the survey under full cost recovery principles.
Scope and Application
The Primary Industries Levies and Charges Collection (National Residue Survey - Livestock Slaughter) Regulations (Amendment) 1994 No. 165 applies to entities and individuals within the scope of the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992. These Acts primarily target the livestock industry, specifically those involved in the slaughter of sheep, lambs, and buffaloes. The regulations amend the existing rates of levies for these livestock categories, effective from 1 July 1994. The amendments respond to the specific needs and commitments of the sheepmeat and buffalo meat industries regarding the National Residue Survey, which is aimed at ensuring the safety and quality of livestock products through residue monitoring. The jurisdictional reach of these regulations is national, applying across Australia as they are made under the authority of the Commonwealth. There are no stated exclusions or exemptions in these regulations, though the application and enforcement may be subject to any conditions or provisions outlined in the primary Acts. The regulations are made under the authority of the Minister for Primary Industries and Energy and are intended to ensure compliance with the cost recovery requirements of the National Residue Survey.
Key Provisions
The Primary Industries Levies and Charges Collection (National Residue Survey - Livestock Slaughter) Regulations (Amendment) 1994 No. 165, as referenced in section 30 of the Primary Industries Levies and Charges Collection Act 1991, and section 13 of the National Residue Survey Administration Act 1992, have been made to adjust the operative levy rates for certain livestock. Effective from 1 July 1994, these regulations amend the rates for levies on sheep, lambs, and buffaloes. Specifically, the levy for sheep and lambs has been decreased from $0.05 per head to $0.03 per head, while the levy for buffaloes has been increased from $0.00 per head to $5.00 per head.
The amended regulations impose obligations on entities involved in the livestock industry, including sheep and lamb producers, buffalo exporters, and other stakeholders who must now adhere to the new levy rates. These entities must ensure that they are complying with the updated rates for the collection of levies as per the regulations. This compliance is crucial for maintaining the financial integrity of the National Residue Survey, which relies on these levies for funding.
Breaches of these regulations can lead to civil or criminal consequences. While the specific penalties are not detailed in the text, under the general provisions of the Primary Industries Levies and Charges Collection Act 1991, penalties may include fines for non-compliance. These fines could vary depending on the severity and frequency of the breach. Additionally, persistent non-compliance may lead to more severe administrative or legal actions, potentially impacting the entity's ability to operate within the regulated industry.