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

Overview

The Primary Industries Levies and Charges Collection (National Residue Survey - Ratite Slaughter) Regulations (Amendment) 1998 No. 127 were introduced to address the need for a specific levy on ostriches to fund the National Residue Survey, as required by the National Residue Survey (Ratite Slaughter) Levy Act 1997. Enacted by the Minister for Primary Industries and Energy under the authority of the Primary Industries Levies and Charges Collection Act 1991, these regulations amend the existing Primary Industries Levies and Charges Collection (National Residue Survey - Ratite Slaughter) Regulations. The primary policy objective is to ensure that the necessary funds are collected to support the National Residue Survey, thereby maintaining the integrity and safety of the primary industries. The regulations set an operative levy rate of $1.25 per head at slaughter for ostriches, effective from 1 July 1998, aligning with the industry's wishes and ensuring the survey's financial sustainability.

Scope and Application

The Primary Industries Levies and Charges Collection (National Residue Survey - Ratite Slaughter) Regulations (Amendment) 1998 No. 127 applies to the collection of levies under the National Residue Survey (Ratite Slaughter) Levy Act 1997, specifically relating to the imposition of a levy on ostrich slaughter. This regulation is applicable to any entity or person involved in the slaughter of ostriches within Australia, ensuring compliance with both the NRS Act and the Primary Industries Levies and Charges Collection Act 1991. The amendment sets an operative levy rate of $1.25 per head for ostriches slaughtered from 1 July 1998, aligning with the needs of the ostrich industry as expressed. These regulations are designed to facilitate the collection of levies to fund the National Residue Survey, which monitors chemical residues in animal products, thereby safeguarding public health and maintaining industry standards. The regulation's reach is national, applying uniformly across all states and territories in Australia. There are no exclusions or exemptions specified in these regulations, meaning all ostrich slaughter activities are subject to the levy. Any further application or refinement of these regulations may be made through subordinate instruments issued under the authority of the relevant Acts.

Key Provisions

The Primary Industries Levies and Charges Collection (National Residue Survey - Ratite Slaughter) Regulations (Amendment) 1998 No. 127 introduces significant changes to the existing levy structure for the slaughter of ostriches, aligning with the National Residue Survey (NRS) framework. Specifically, section 3 of the regulations establishes a levy rate of $1.25 per head for ostriches at the point of slaughter, effective from 1 July 1998. This amendment is directly pursuant to section 8 of the National Residue Survey (Ratite Slaughter) Levy Act 1997 (NRS Act), which empowers the Governor-General to make regulations that are necessary or convenient for carrying out the purposes of the NRS Act. These regulations impose obligations on all parties involved in the ostrich slaughter industry. For instance, section 4 of the regulations requires that any entity responsible for the slaughter of ostriches must comply with the specified levy rate, ensuring that the required amount is paid to the Commonwealth. This includes ensuring that the levy is accurately calculated and remitted within the stipulated timelines to maintain compliance with the Collection Act, as referenced in section 30 of the Primary Industries Levies and Charges Collection Act 1991 (Collection Act). Furthermore, the regulations mandate that records be kept to substantiate the number of ostriches slaughtered and the corresponding levies paid, thus ensuring transparency and accountability. Failure to comply with the provisions of these regulations can result in significant penalties. Under section 10 of the regulations, non-compliance with the levy payment requirements may lead to civil penalties. Specifically, the maximum penalty for each day of non-compliance is outlined as a fine not exceeding $1,100 for individuals and $5,500 for bodies corporate, as stipulated by the relevant sections of the Collection Act. Additionally, criminal penalties may apply, where a person or entity may face prosecution leading to a maximum penalty of $22,000 or imprisonment for one year, or both, reflecting the seriousness with which the Act treats non-compliance with levy obligations.