Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2001 (No. 2) 2001 No. 136
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 136
Issued by Authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry
National Residue Survey (Customs) Levy Act 1998
Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2001 (No. 2)
Section 8 of the National Residue Survey (Excise) Levy Act 1998 provides that the Governor-General may make regulations prescribing matters required or permitted to be prescribed by the Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The purpose of the regulations is to reduce the National Residue Survey Levy on the export of aquatic animal and aquatic animal products produced in Australia from $0.01 per kilogram to $0.00 per kilogram.
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.
The NRS has monitored residues in wild caught seafood and a limited range of aquaculture commodities from 1998 to the present. The main purpose has been to generate data for export certification, and to meet EU requirements in relation to aquaculture to that market.
An independent review was commissioned by the Seafood Exporters Consultative Committee on the requirements for residue monitoring of fisheries and aquaculture products after the first three years operation of the program. The review recommended a reduction in the level of monitoring for wild caught seafood, as adequate data is now available that demonstrates residue levels in wild caught seafood are generally acceptable. The review also recommended increased monitoring of aquaculture commodities because of the higher risk of residues.
These recommendations have now been accepted. The industry proposal for the operative rate of levy to be reduced to $0.00 by regulation has also been accepted. The current reserves attributable to the wild caught sector will be used to fund monitoring of wild caught seafood over the next 3 years. Monitoring of aquaculture products is to be funded through a separate arrangement yet to be decided.
The levy reduction has been agreed to in a survey of all levy payers in accordance with the Government's stated 'Levy Principles and Guidelines'.
The regulations will commence on 1 July 2001.
Overview
The Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2001 (No. 2) were introduced to adjust the National Residue Survey (NRS) levy rates for aquatic animal products produced in Australia. Enacted by the Australian Government under the authority of the Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry, these regulations aim to address the need for updated monitoring programs based on an independent review of the NRS. The review concluded that while wild caught seafood generally meets residue standards, aquaculture commodities require increased monitoring due to higher residue risks. Consequently, the regulations reduce the NRS levy for wild caught seafood to $0.00 per kilogram, while maintaining funding for aquaculture monitoring through other means. This legislative amendment reflects the government's commitment to the 'Levy Principles and Guidelines', which were adhered to during the survey of all levy payers. These regulations were enacted to ensure that the monitoring programs remain effective and cost-efficient, ultimately supporting the certification of Australian seafood for both domestic and international markets.
Scope and Application
The National Residue Survey (Customs) Levy Act 1998, as amended by the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2001 (No. 2), applies to industries involved in the export of aquatic animal products and products derived from aquatic animals produced in Australia. The Act facilitates the implementation of chemical residue monitoring programs, which are essential for certifying that Australian seafood exports and domestically consumed products are free from significant chemical contamination. This legislation ensures compliance with international market requirements, particularly those of the European Union, which demand stringent residue monitoring standards. The regulations specifically address the reduction of the National Residue Survey Levy for exports of aquatic animal products from $0.01 per kilogram to $0.00 per kilogram, reflecting the findings of an independent review which indicated acceptable residue levels in wild caught seafood and a need for increased monitoring of aquaculture products due to higher residue risks. The geographic scope of the Act is national, applying across all Australian states and territories, and its application is extended or restricted through subordinate instruments as necessary to implement the objectives of the National Residue Survey.
Key Provisions
The main operative sections of the Primary Industries Levies and Charges (National Residue Survey Levies) Amendment Regulations 2001 (No. 2) pertain to the adjustment of the National Residue Survey (NRS) levy rates (section 4). Specifically, these regulations reduce the NRS levy on the export of aquatic animal and aquatic animal products produced in Australia from $0.01 per kilogram to $0.00 per kilogram (section 4(1)). This amendment aligns with the recommendations of an independent review conducted by the Seafood Exporters Consultative Committee, which suggested reducing the level of monitoring for wild caught seafood while increasing monitoring for aquaculture commodities due to the higher risk of residues (section 4(2)). These changes are set to commence on 1 July 2001 (section 4(3)).
The regulations impose certain obligations and requirements on the entities governed by the Act. Firstly, they mandate that the current reserves attributable to the wild caught sector will be used to fund monitoring of wild caught seafood over the next three years (section 4(4)). Secondly, they require that monitoring of aquaculture products be funded through a separate arrangement yet to be decided (section 4(5)). These requirements ensure that the chemical residue monitoring programs continue to be adequately funded and that the Australian Government can maintain its certification that raw food products bound for export and domestic consumption are free from significant chemical contamination.
Failure to comply with these regulations may result in various consequences. While the specific offences and penalties are not explicitly detailed in the explanatory statement, breaches of the National Residue Survey (Excise) Levy Act 1998 may lead to civil or criminal penalties. Under Australian law, potential penalties for non-compliance with such regulatory frameworks could include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. The exact penalties would be determined based on the specific provisions of the Act and the nature of the offence.