Primary Industries Levies and Charges Collection (National Residue Survey - Meat Chicken) Regulations 1993 No. 79
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 79
Issued by Authority of the Minister for Primary Industries and Energy
National Residue Survey Administration Act 1992
Primary Industries Levies and Charges Collection Act 1991
Primary Industries Levies and Charges Collection (National Residue Survey - Meat Chicken) Regulations
Section 13 of the National Residue Survey Administration Act 1992 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for the purposes of carrying out or giving effect to the Act.
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 Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for the purposes of 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.
Paragraph 9(2)(b) of the Act allows for a rate of levy to be prescribed in relation to laying chickens not exceeding the rate specified in Column [3] of the Table appearing in the Act.
The purpose of the proposed regulations is to provide the appropriate administrative measures and set the operative levy rate under which the Primary Industries Levies and Charges Collection (National Residue Survey-Meat Chicken) Regulations will operate from 1 July 1993.
The prescribed operative rate of levy appearing in Column [2] of the Table appearing in the Act is being set at the maximum rate of zero point zero two (0.02) cents per meat chicken, with effect from 1 July 1993. This rate of levy is consistent with the wishes of the meat chicken 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 - Meat Chicken) Regulations 1993 were enacted to establish the administrative framework and levy rates for the collection of charges under the National Residue Survey for meat chicken, as stipulated by the National Residue Survey Administration Act 1992 and the Primary Industries Levies and Charges Collection Act 1991. This regulatory framework was introduced to address the need for systematic collection of levies to fund the national surveillance program aimed at detecting chemical residues in meat chicken, thereby ensuring the safety and quality of the meat supply. The regulations were issued by authority of the Minister for Primary Industries and Energy, aligning with the policy objective of full cost recovery for the industry, reflecting its commitment to the survey.
The regulations set a levy rate of zero point zero two (0.02) cents per meat chicken, effective from 1 July 1993. This rate was determined in consultation with the meat chicken industry, ensuring that the financial burden of the survey is borne in a manner that reflects the industry's capacity and commitment to maintaining high standards in meat production. The regulations were designed to be consistent with the broader legislative objectives of the National Residue Survey Administration Act 1992 and the Primary Industries Levies and Charges Collection Act 1991, facilitating the implementation of the residue survey and levy collection mechanisms.
Scope and Application
The Primary Industries Levies and Charges Collection (National Residue Survey - Meat Chicken) Regulations 1993 applies to entities and individuals involved in the meat chicken industry, specifically targeting those who are required to contribute to the National Residue Survey through the collection of levies. These regulations operate under the authority of the National Residue Survey Administration Act 1992 and the Primary Industries Levies and Charges Collection Act 1991, and they pertain to the levying process for the National Residue Survey focused on meat chicken. The regulations have a national jurisdictional reach as they are enacted under Commonwealth law. The regulations establish an operative levy rate of 0.02 cents per meat chicken, effective from 1 July 1993, reflecting the commitment of the meat chicken industry to fund the survey under a full cost recovery model. This rate is set out to ensure that the industry contributes to the survey in a manner that aligns with their industry-specific commitments, as outlined in the Act. The regulations may be extended or restricted through subordinate instruments, ensuring that the administrative measures and levy rates can be adjusted to reflect changing circumstances or industry needs.
Key Provisions
The Primary Industries Levies and Charges Collection (National Residue Survey - Meat Chicken) Regulations 1993, pursuant to sections 13 and 30 of the National Residue Survey Administration Act 1992 and the Primary Industries Levies and Charges Collection Act 1991 respectively, establish the framework and levy rate for the National Residue Survey on meat chicken. Specifically, section 9(2)(b) of the Act allows the Governor-General to prescribe a rate of levy for laying chickens, which is set at a maximum of 0.02 cents per meat chicken. This rate, effective from 1 July 1993, is designed to align with the industry's commitment to the National Residue Survey under a full cost recovery model.
The Regulations impose certain obligations on the parties involved, particularly those in the meat chicken industry. They require these entities to contribute towards the costs of the National Residue Survey by paying the prescribed levy. This levy is intended to ensure that the survey can be adequately funded and conducted to monitor and manage residue levels in meat chicken products. By setting a specific levy rate, the Regulations clarify the financial contributions expected from industry participants, facilitating the effective implementation of the survey.
Failure to comply with the provisions of these Regulations can lead to various consequences. While the specific civil or criminal penalties are not detailed in the provided text, it is clear that breaches of these Regulations could result in legal action. The implications of such breaches may include fines or other financial penalties, which could impact the entities involved in the meat chicken industry. The exact penalties would need to be sought from the primary legislation or other related regulations, but it is evident that adherence to the prescribed levy and the associated obligations is crucial to avoid adverse outcomes.