Primary Industries Levies and Charges Collection (National Residue Survey - Livestock Slaughter) Regulations

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Primary Industries Levies and Charges Collection (National Residue Survey — Livestock Slaughter) Regulations

SR 1993 No. 80 as amended

made under the

Primary Industries Levies and Charges Collection Act 1991

Consolidated as in force on 21 September 1998

(includes amendments up to SR 1996 No. 161)

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

Primary Industries Levies and Charges Collection (National Residue Survey — Livestock Slaughter) Regulations

SR 1993 No. 80 as amended

made under the

Primary Industries Levies and Charges Collection Act 1991

Contents

Page

 1 Citation [see Note 1] 2

 2 Commencement 2

 3 Interpretation 2

 4 NRS levy 2

 5 What is the rate of NRS levy for sheep? 3

 6 What is the rate of NRS levy for lambs? 3

 7 What is the rate of NRS levy for goats? 3

 8 What is the rate of NRS levy for buffaloes? 3

 9 When is NRS levy due for payment? 3

 10 Additional information in returns 3

 

 

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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 — Livestock Slaughter) Regulations.

2 Commencement

  These Regulations commence on 1 July 1993.

3 Interpretation

  In these Regulations, unless the contrary intention appears:

Collection Act means the Primary Industries Levies and Charges Collection Act 1991.

livestock means sheep, lambs, goats or buffaloes.

Live-stock Levy Collection Regulations means the Primary Industries Levies and Charges Collection (Cattle and Livestock) Regulations.

NRS Administration Act means the National Residue Survey Administration Act 1992.

NRS Levy Act means the National Residue Survey (Livestock Slaughter) Levy Act 1992.

NRS levy means levy imposed on livestock by the NRS Levy Act and payable under section 9 of the NRS Administration Act.

4 NRS levy

  The NRS Levy Act is prescribed for the purposes of the definition of levy in section 4 of the Collection Act.

5 What is the rate of NRS levy for sheep?

  For the purposes of section 9 (2) of the NRS Administration Act, the rate of NRS Levy payable on the slaughter of sheep is $00.03 per head.

6 What is the rate of NRS levy for lambs?

  For the purposes of section 9 (2) of the NRS Administration Act, the rate of NRS Levy payable on the slaughter of lambs is $00.03 per head.

7 What is the rate of NRS levy for goats?

  For the purposes of section 9 (2) of the NRS Administration Act, the rate of NRS Levy payable on the slaughter of goats is $00.03 per head.

8 What is the rate of NRS levy for buffaloes?

  For the purposes of section 9 (2) of the NRS Administration Act, the rate of NRS Levy payable on the slaughter of buffaloes is $5.00 per head.

9 When is NRS levy due for payment?

  For the purposes of section 6 of the Collection Act, NRS levy payable on livestock is due for payment on the last day for lodging a return for the livestock under the Live-stock Levy Collection Regulations.

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

10 Additional information in returns

  In addition to complying with the Live-stock Levy Collection Regulations, a person who lodges a return under those Regulations must include in the return the following particulars:

 (a) the amount of each kind of NRS levy referred to in regulation 5, 6, 7 and 8, that is payable on the livestock to which the return relates; and

 (b) the total amount of NRS levy payable on the livestock.

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

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

Note 1

The Primary Industries Levies and Charges Collection (National Residue Survey — Livestock Slaughter) Regulations (in force under the Primary Industries Levies and Charges Collection Act 1991 and the National Residue Survey Administration Act 1992) as shown in this reprint comprise Statutory Rules 1993 No. 80 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. 80

17 May 1993

1 July 1993

 

1994 No. 165

8 June 1994

1 July 1994

1995 No. 311

26 Oct 1995

1 Oct 1995

1996 No. 161

24 July 1996

24 July 1996

 

Table of Amendments

 

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

Provision affected

How affected

R. 3.................

am. 1995 No. 311

Rr. 5, 6...............

am. 1994 No. 165

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

am. 1994 No. 165; 1995 No. 311; 1996 No. 161

 

Overview

The Primary Industries Levies and Charges Collection (National Residue Survey — Livestock Slaughter) Regulations were made under the Primary Industries Levies and Charges Collection Act 1991. They were introduced to provide a regulatory framework for the collection of levies imposed on the slaughter of livestock as part of the National Residue Survey (NRS). This survey aims to monitor the presence of chemical residues in livestock to ensure food safety and protect public health. The Regulations establish the rates of levy applicable to different types of livestock, the due dates for payment, and the additional information that must be included in returns lodged under the Livestock Levy Collection Regulations. The enacting body is the Parliament of Australia, and the policy objective is to facilitate the efficient collection of levies for the NRS while ensuring compliance and transparency in the livestock industry.

Scope and Application

The Primary Industries Levies and Charges Collection (National Residue Survey – Livestock Slaughter) Regulations, made under the Primary Industries Levies and Charges Collection Act 1991, apply to livestock that includes sheep, lambs, goats, and buffaloes. These regulations detail the levy rates for the National Residue Survey (NRS) that is imposed on the slaughter of these livestock. Specifically, the NRS levy rate is $0.03 per head for sheep, lambs, and goats, while it is $5.00 per head for buffaloes. The levy is payable under the National Residue Survey Administration Act 1992 and is due for payment on the last day for lodging a return for the livestock as specified in the Primary Industries Levies and Charges Collection (Cattle and Livestock) Regulations. These regulations came into effect on 1 July 1993 and have since been amended through subsequent statutory rules. Persons lodging returns under the Primary Industries Levies and Charges Collection (Cattle and Livestock) Regulations must include additional particulars such as the amount of NRS levy payable and the total amount of NRS levy due. Penalties for non-compliance with these regulations are outlined in the Primary Industries Levies and Charges Collection Act 1991.

Key Provisions

The Primary Industries Levies and Charges Collection (National Residue Survey — Livestock Slaughter) Regulations (SR 1993 No. 80 as amended) outline the levy rates and procedures for livestock slaughtered under the National Residue Survey (NRS). These regulations, which commenced on 1 July 1993, apply to the collection of levies for sheep, lambs, goats, and buffaloes, as specified in regulations 5 to 8. Under these regulations, the rate of the NRS levy for sheep, lambs, and goats is $0.03 per head (regulation 5, 6 and 7). However, the rate for buffaloes is higher, at $5.00 per head (regulation 8). The NRS levy is payable on the slaughter of these animals, as per section 9 of the National Residue Survey Administration Act 1992. The due date for the NRS levy payment is aligned with the last day for lodging a return for the livestock under the Primary Industries Levies and Charges Collection (Cattle and Livestock) Regulations (regulation 9). Additionally, returns under the Primary Industries Levies and Charges Collection Act 1991 must include specific details about the NRS levy, including the amount payable for each kind of livestock and the total levy amount (regulation 10). The regulations impose specific obligations on the parties involved, including livestock owners or agents responsible for the livestock. They must ensure that the correct NRS levy is calculated and paid for each animal slaughtered, as per the prescribed rates. Furthermore, these parties must include the necessary details in their returns, as outlined in regulation 10, to comply with the Primary Industries Levies and Charges Collection Act 1991. Failure to comply with these obligations could result in penalties under section 15 and section 24 of the Collection Act. The regulations also establish consequences for non-compliance. For instance, under section 15 of the Collection Act, penalties may be imposed for failure to lodge a return or pay the NRS levy. The penalties could include fines or other civil consequences. Additionally, under section 24 of the Collection Act, penalties may be imposed for providing false or misleading information in returns. The maximum penalties for these offences are not explicitly stated in the regulations but would be determined under the relevant sections of the Collection Act. It is important for livestock owners or agents to be aware of these obligations and consequences to ensure compliance with the regulations.

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