Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1999 (No. 3) 1999 No. 214
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 214
Issued by Authority of the Minister for Agriculture, Fisheries and Forestry
Primary Industries Levies and Charges Collection Act 1991
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 1999 (No. 3)
Section 30 of the Primary Industries Levies and Charges Collection Act 1991, 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 GovernorGeneral 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 increase the National Residue Survey operative rate of customs and excise levy on honey from 0.25 cents per kilogram to 0.30 cents per kilogram for the purpose of the industry's National Residue Survey monitoring program. The proposed regulations will also amend definitions in the aquatic animal's part of the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations.
The National Residue Survey implements chemical residue monitoring programs and recovers the costs of the programs from participating industries. These programs form the basis for documentation that enables the Australian Government to certify that raw food products bound for export and domestic consumption are free from significant chemical contamination.
Schedule 1 of the proposed regulations inserts a definition of 'preserved', what aquatic animal products are exempt from the Nation Residue Survey levy and the definition of leviable aquatic animal and aquatic animal products. These definitions are necessary to overcome confusion within the Seafood Industry over the exact definition of 'aquatic animal' and 'aquatic animal product' in the National Residue Survey (Customs) Levy Act 1998.
Schedule 2 of the proposed regulations increases the operative rate of National Residue Survey customs and excise levy on honey from 0.25 cents per kilogram to 0.30 cents per kilogram. Money collected from this increase will be used to create a buffer fund under the industry's Emergency Risk Management strategy.
Schedule 1 of the proposed regulations will commence on gazettal, while Schedule 2 will commence on 1 October 1999.
Overview
The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1999 (No. 3) were enacted to address the need for adjustments in the National Residue Survey operative rates and to clarify certain definitions within the National Residue Survey framework. These regulations were introduced by the Minister for Agriculture, Fisheries and Forestry under the authority granted by the Primary Industries Levies and Charges Collection Act 1991, the National Residue Survey (Customs) Levy Act 1998, and the National Residue Survey (Excise) Levy Act 1998. The primary objective of these regulations is to modify the levy rates for honey and to refine definitions related to aquatic animal products to ensure clarity and consistency within the industry, thereby supporting the integrity of the National Residue Survey monitoring program. This program is crucial for ensuring that Australian food products, both for export and domestic consumption, are free from significant chemical contamination.
Scope and Application
The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1999 (No. 3) pertains to entities and individuals involved in the primary industries sector, specifically focusing on the collection of levies for chemical residue monitoring programs. These regulations amend the existing National Residue Survey levies on honey and provide clarification on the definitions of certain terms related to aquatic animal products. The amendments are designed to address confusion within the seafood industry regarding the definitions of 'aquatic animal' and 'aquatic animal product', as outlined in the National Residue Survey (Customs) Levy Act 1998. The increased operative rate of the National Residue Survey levy on honey is intended to bolster the industry's Emergency Risk Management strategy. These regulations apply nationally and are made under the authority of the Minister for Agriculture, Fisheries and Forestry. The increased levies will come into effect on 1 October 1999, whereas the definitional amendments will take effect upon gazette.
Key Provisions
The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 1999 (No. 3) introduce several amendments to existing legislation, primarily focusing on the adjustment of the National Residue Survey (NRS) levy rate on honey and the clarification of definitions related to aquatic animal products. According to the Explanatory Statement, these regulations are made under the authority granted by Sections 30 of the Primary Industries Levies and Charges Collection Act 1991, Section 8 of the National Residue Survey (Customs) Levy Act 1998, and Section 8 of the National Residue Survey (Excise) Levy Act 1998. These sections empower the Governor-General to prescribe necessary regulations to implement or give effect to the Acts.
The key provision of these regulations, as outlined in Schedule 2, involves increasing the operative rate of the NRS customs and excise levy on honey from 0.25 cents per kilogram to 0.30 cents per kilogram. This adjustment aims to bolster the industry's Emergency Risk Management strategy by creating a buffer fund using the additional revenue generated from the increased levy. The levy is designed to fund chemical residue monitoring programs, ensuring that raw food products, including those bound for export and domestic consumption, are free from significant chemical contamination.
In addition to the honey levy adjustment, Schedule 1 of the regulations introduces new definitions and clarifications to address confusion within the seafood industry regarding the terms 'aquatic animal' and 'aquatic animal product'. These definitions are crucial for determining which products are subject to the NRS levy. The regulations also specify which aquatic animal products are exempt from the levy, providing clearer guidelines for industry compliance.
Entities and parties governed by these regulations, particularly those in the honey and seafood industries, must adhere to the new levy rates and definitions. Honey producers and importers will need to adjust their pricing and reporting to account for the increased levy rate. Similarly, seafood industry participants must ensure they correctly identify and classify their products according to the new definitions to determine levy applicability.
Failure to comply with the provisions of these regulations may result in financial penalties. While the regulations themselves do not explicitly detail penalties for non-compliance, the underlying Acts—namely the Primary Industries Levies and Charges Collection Act 1991, the National Residue Survey (Customs) Levy Act 1998, and the National Residue Survey (Excise) Levy Act 1998—generally provide for fines and other enforcement actions. The exact penalties would depend on the specific circumstances of non-compliance and could include substantial fines for underpayment or misclassification of levies.