Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1998 (No. 3) 1998 No. 316
EXPLANATORY STATEMENT
STATUTORY RULES 1998 No. 316
Issued by Authority of the Minister for Agriculture, Fisheries and Forestry
National Residue Survey (Customs) Levy Act 1998
National Residue Survey (Excise) Levy Act 1998
Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1998 (No. 3)
Section 8 of the National Residue Survey (Customs) Levy Act 1998 and Section 8 of the National Residue Survey (Excise) Levy Act 1998 provide that the Governor-General may make regulations prescribing matters required or permitted to be prescribed by the Acts, or necessary or convenient to be prescribed for carrying out or giving effect to the Acts.
The purpose of these regulations is to reduce the National Residue Survey rate of levy on horse slaughter for human consumption from $3.00 per head to $2.50 per head and to rectify a drafting fault that incorrectly identified the National Residue Survey component of the macadamia nut levy as 0.2 cents per tonne instead of 0.2 cents per kilogram..
Schedule 1 of the regulations reduces the horse slaughter levy rate and commences on 1 August 1998. The NRS has been able to reduce the overall cost of the horse program by reducing the required number of analytical samples, based on reduced slaughter throughput. The levy is the preferred mechanism by which the horse meat industry chooses to meet the cost of its compulsory residue monitoring program that gives horse meat access to international markets.
Schedule 2 of the Regulations rectifies the drafting fault in the levy rate for macadamia nuts. Regulations to amend the drafting fault can only commence on the date of gazettal under Acts Interpretation Act requirements. No person will be disadvantaged as the macadamia nut industry has a unique levy system in that collection payments are only due twice a year, in September and March. The September 1998 payment was not affected by this drafting error as the period on which this payment was based ended at 30 June 1998. The Australian Macadamia Society re-affirmed its commitment to the 0.2 cents per kilo levy for its residue monitoring program at its Annual General Meeting held on 18 September 1998.
Overview
The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1998 (No. 3) were enacted to address specific issues within the National Residue Survey (Customs) Levy Act 1998 and the National Residue Survey (Excise) Levy Act 1998. These regulations were made by the Minister for Agriculture, Fisheries and Forestry and provide a means to adjust the National Residue Survey rates for horse slaughter and correct an error in the macadamia nut levy rate. The policy objective behind these amendments is to ensure the efficient and accurate collection of levies that support the National Residue Survey program, which is crucial for monitoring residues in primary industries and facilitating international trade. The regulations aim to reduce the administrative burden on the horse meat industry and correct a technical error in the macadamia nut levy, thereby ensuring that the levies collected accurately reflect the intended rates and do not disadvantage any stakeholders.
Scope and Application
The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1998 (No. 3) applies to entities within the primary industries sector, specifically targeting those involved in horse slaughter for human consumption and the macadamia nut industry. This amendment alters the National Residue Survey (NRS) levy rates set out under the National Residue Survey (Customs) Levy Act 1998 and the National Residue Survey (Excise) Levy Act 1998. The primary focus is to adjust the levy for horse slaughter from $3.00 per head to $2.50 per head, reflecting a reduction based on the industry's cost-sharing approach for residue monitoring. Additionally, the amendment rectifies an error in the macadamia nut levy rate, correcting it from 0.2 cents per tonne to the correct rate of 0.2 cents per kilogram. These regulations have a national jurisdictional reach, impacting all entities involved in the specified industries across Australia. The regulations do not provide for exclusions or exemptions but ensure that the adjustments do not disadvantage any party, particularly noting the macadamia nut industry's levy payment schedule.
Key Provisions
The main provisions of these regulations pertain to amendments to the National Residue Survey (NRS) levies, specifically for horse slaughter for human consumption and for macadamia nuts. Under Section 8 of the National Residue Survey (Customs) Levy Act 1998 and the National Residue Survey (Excise) Levy Act 1998, the Governor-General is empowered to make regulations necessary for the implementation of these Acts. The regulations reduce the horse slaughter levy rate from $3.00 per head to $2.50 per head, effective from 1 August 1998 (Schedule 1). Additionally, they correct an error in the macadamia nut levy rate, changing it from 0.2 cents per tonne to 0.2 cents per kilogram (Schedule 2).
These regulations impose certain obligations on the relevant parties, primarily those involved in horse slaughter for human consumption and the macadamia nut industry. For the horse industry, the revised levy rate will now be $2.50 per head, reflecting a reduction from the previous rate. This is intended to align the costs of the compulsory residue monitoring program with the reduced number of analytical samples required due to lower slaughter throughput. For the macadamia nut industry, the correction ensures that the levy rate accurately reflects the agreed-upon contribution towards the residue monitoring program, thereby maintaining the integrity of the industry’s financial obligations.
In terms of potential breaches and consequences, the regulations do not explicitly outline specific offences or penalties for non-compliance. However, non-compliance with these regulatory requirements could potentially lead to legal repercussions under the overarching Acts, including fines or other penalties as prescribed by law. The primary focus of these regulations is on administrative corrections and adjustments to levy rates, rather than punitive measures for non-compliance.
Overall, these amendments aim to ensure that the NRS levies are accurately reflecting the agreed costs and contributions from the respective industries, thereby maintaining the integrity and efficiency of the residue monitoring programs.