Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
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1992
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
NATIONAL RESIDUE SURVEY ADMINISTRATION BiLL 1992
NATIONAL RESIDUE SURVEY (COARSE GRAINS) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (CATELE TRANSACTION) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (LIVESTOCK SLAUGHTER) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (MEAT CHICKEN) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (LAYiNG CHICKEN) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (DAIRY PRODUCE) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (HONEY) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (HONEY EXPORt LEVY BILL 1992
NATIONAL RESIDUE SURVEY (HORTICULTURAL PRODUCTS) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (HORTICULTURAL PRODUCTS EXPORT) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (OILSEEDS) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (DRIED FRUITS) LEVY BILL 1992
NATIONAL RESiDUE SURVEY(WHEAT) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (GRAIN LEGUMES) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (GAME ANIMALS) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (AOUATIC ANIMAL EXPORT) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (HORSE SLAUGHTER) LEVY BILL 1992
NATIONAL RESIDUE SURVEY (CONSEOUENTIALPROVISIONS) BILL 1992
REPLACEMENT EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Resources,
the Hon. Alan Griffiths, ME')
36520 Cat. No. 92 5264 1)
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GENERAL OUTLINE
The purpose of these Bills is to make provision for recovering the costs
of the scientific monitoring of the contaminant status of animal and plant
food products produced in Australia or exported from Australia.
2. The 17 Levy Bills each impose a levy on producers of various animal
and plant food products for the purpose of funding the National Residue
Survey.
3. The NRS Administration Bill provides for the establishment of a Trust
Account in which money collected from NRS levies or penalties, relevant
parliamentary appropriations, gifts or contributions to the NRS, and income
from money invested, will be held. Payments will be made from this Account
for the purposes of conducting surveys and to reimburse the Commonwealth
for expenses incurred on behalf of the NRS.
4. The Administration Bill also sets the initial levy rates for commodities
to be surveyed and the maximum rates that can be set by regulation.
5. The NRS (Consequential Provisions) Bill provides for the transfer of
NRS funds into the NTtS Trust Account and amends the Cattle Transaction
Levy Act 1990 to ensure that the imposition ofthe NRS levy under that
legislation ceases on 1 July 1993 when the NRS legislation comes into effect.
6. The Consequential Provisions Bill also amends the Primary Industries
Levies and Charges Collection Act 1991 to provide for the inclusion of aquatic
animal export levies, game meat levies and horse slaughter levies as levies
that will be collected under the provisions of that Act.
FINANCIAL IMPACT STATEMENT
7. Increasing the level of cost recovery for the NRS from 60% to 100%,
together with increased administrative efficiency, is expected to result in a
saving to the Commonwealth of approximately $2.7 million per annum on
current costs.
DEFINITION OF TERMS
8. In this Explanatory Memorandum NEff' means the National Residue
Survey.
3
NOTES ON INDIVIDUAL CLAUSES
NES ADMINISTRATION BILL 1992
PART 1- PRELIMINARY
Clause 1: Short title etc.
9. Provides for the citation of the Act.
Clause 2: Commencement
10. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Act binds Crown
11. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
PART 2- INTERPRETATION
Clause 4: Interpretation
12. For the purpose ofinterpreting the Act provides definitions of
`Account', `National Residue Survey Levy', `Related Act', and Table'.
Clause 5: References to other Acts
13. Sub-clause 1 provides that references to other Acts refer to those
sections in force at the time or, if the Act has been repealed, to those sections
in force immediately before the repeal.
14. Sub-clause 2 provides that references relating to repealed Acts refer
only to those Acts and not to consequential amendments made to the Primaiy
Industries Levies and Charges CollectionAct 1991.
4
PARTS- NATIONAL RESIDUE SURVEY ACCOUNT
Clause 6: Establishment of account
15. Sub-clause 1 provides for the establishment of the National Residue
Survey Account.
16. Sub-clause 2 provides for this account to be a Group 2 Trust Account
under Section 62A of the Audit Act 1901.
17. Sub-clause 3 provides for money in this account to be invested in
accordance with section 62B of the Audit Act 1901.
Clause 7: Payments into National Residue Survey Account
18. Provides for payments into the account of
(a) all NRS Levy payments collected
(b) all penalties collected in relation to NRS Levies
(c) any gifts or contributions made to the Commonwealth, such as
through the Collector of Public Monies, for the National Residue
Survey
(d) any gifts or contributions made direct to the NEtS Trust Account
(e) Parliamentary appropriations for the NRS
(0 income from investment of NRS Trust Account money, such as
any interest accrued in a bank account.
Clause 8: Payments out of account
19. Sub-clause 1 provides for payments to be made for
(a) purposes related to surveys monitoring and reporting on residue
levels conducted as part of an expenditure program approved by
the Minister
(b) reimbursement to the Commonwealth for expenses or
administrative costs of the collection and recovery of levies and
penalties or
(c) reimbursement to the Commonwealth for expenses incurred in
theconduct of surveys monitoring and reporting on residue
levels.
5
20. Sub-clause 2 provides an explanation of expenses as including, but not
limited to:
(a) staff salaries and allowances
(b) other expenses relating to providing staff or their services
(c) expenses incurred in relation to the conduct ofsurveys, such as
cost relating to industry consultation and advice and
(d) the provision ofaccommodation and administrative support.
PART 4- NATIONAL RESIDUE SURVEY LEVY
Clause 9: Liability to National Residue Survey Levy
21. Sub-clause 1 provides for persons liable under related Acts to pay a
levy on particular products or activities to also be liable for the payment of
the NES levy in relation to those products or activities. The related Acts are
set out in Column 4 of the Table and the products and activities are set out in
Column 1 of the Table. Thus the same mechanism for levy imposition in the
Acts in Column 4 also applies to the NRS levy for that product.
22. Sub-Clause 2 provides that levies are payable at the rates set out in
Column 2 of the Table if there is no rate set by regulation, or at the rate set
by regulation. The maximum rate for rates set by regulation is provided in
Column 3 of the Table.
23. Sub-Clause 3 provides for NBS levy liabilities to be treated in the same
way as levies arising under the related Acts and collected under the Primary
Industries Levies and Charges Collection Act 1991.
PART 5- MISCELLANEOUS
Clause 10: Reuort by Minister
24. Provides for the Minister to table an annual report on NRS activities,
income and expenditure and financial statements applying to the financial
year just ended.
6
Clause 11: Release of information
25. Sub-clause 1 preserves commercial confidentiality and privacy by
providing for non-disclosure, except to authorities described in sub-clause 2,
of survey information that would identify a particular person.
26. Sub-clause 2 provides for the disclosure of information from surveys
that would identify a particular person to the Commonwealth, State or
Territory authorities with residue monitoring responsibilities so that res~due
problems can be traced and corrected.
Clause 12: Aunrouriation
27. Appropriates from the Consolidated Revenue Fund the levy and
penalty money collected by the Commonwealth and any gifts or contributions
made to the Commonwealth for the NES.
Clause 13: Reaulations
28. Provides for the making of regulations that are authorised by the Act
or are needed to allow the Act to operate.
Schedule
29. The schedule columns list the products or activities on which liability
for levies arises in column 1, the operative rate of the levy in columnn 2, the
maximum rate of the levy in column 3 and the related Act prescribing the
mechanism for imposition in column 4.
NEtS (COARSE GRAINS) LEVY BILL 1992
Clause 1: Short title etc.
30. Provides for the citation ofthe Act.
Clause 2: Commencement
31. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Interuretation
32. For the purpose ofinterpreting the Act provides for the definition of
`coarse grain to be the same as the definition of leviable coarse grain in the
Coarse Grains Levy Act 1992.
7
Clause 4: Act binds Crown
33. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 5: Imposition of levy
34. Imposes a levy on coarse grains as detailed in the National Residue
Survey Administration Act 1992.
NTRS (CAflLE TRANSACTION) LEVY BILL 1992
Clause 1: Short title etc.
35. Provides for the citation of the Act.
Clause 2: Commencement
36. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Interpretation
37. For the purpose of interpreting the Act provides for the definition of
cattle' to be the same as the definition in the Cattle Transaction Levy Act
1990.
Clause 4: Act binds Crown
38. Provides for the Act to apply in all ofthe Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 5: Imuosition oflevy
39. Imposes a levy on transactions or other dealings with cattle as detailed
in the National Residue Survey Administration Act 1992.
NEtS (LWESTOCK SLAUGHTER) LEVY BILL 1992
Clause 1: Short title etc.
40. Provides for the citation of the Act.
8
Clause 2: Commencement
41. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Interuretation
42. For the purpose of interpreting the Act provides a definition of
`livestock'.
Clause 4: Act binds Crown 4
43. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 5: Imuosition of levy
44. Imposes a levy on the slaughter oflivestock as detailed in the National
Residue Survey Administration Act 1992.
NUS (MEAT CHICKEN) LEVY BILL 1992
Clause 1: Short title etc.
45. Provides for the citation of the Act.
Clause 2: Commencement
46. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Interuretation
47. For the purpose of interpreting the Act provides for the definition of
meat thicken' to be the same as the definition in the Meat Chicken Levy Act
196.9.
Clause 4: Act binds Crown
48. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory and the Northern Territory.
Clause 5: Imposition of le~
49. Imposes a levy on meat chickens as detailed in the National Residue
Survey Administration Act 1992.
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MRS (LAYiNG CHICKEN) LEVY BILL 1992
Clause 1: Short title etc.
50. Provides for the citation of the Act.
Clause 2; Commencement
51. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Interoretation
52. For the purpose of interpreting the Act provides for the definition of
`laying chicken' to be the same as the definition in the Laying Chicken Levy
Act 1988.
Clause 4; Act binds Crown
53. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory and the Northern Territory.
Clause 5; Imuosition of levy
54. Imposes a levy on laying chickens as detailed in the National Residue
Survey Administration Act 1992.
MRS (DAIRY PRODUCE) LEVY BILL 1992
Clause 1: Short title etc.
55. Provides for the citation of the Act.
Clause 2: Commencement
56. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Act binds Crown
57. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 4: Imposition of levy
58. Imposes a levy on the milk fat content of dairy produce as detailed in
the National Residue Survey Administration Mt 1992.
10
MRS (HONEY) LEVY BILL 1992
Clause 1: Short title etc.
59. Provides for the citation of the Act.
Clause 2: Commencement
60. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Interpretation
61. For the purpose of interpreting the Act provides for the definition of
`honey' to be the same as the definition of honey in the Honey Levy (No. 1) Act
1962 or the Honey Levy (No.2) Act 1962.
Clause 4: Act binds Crown
62. Provides for the Act to apply in all ofthe Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 5: Imoosition of levy
63. Imposes a levy on honey as detailed in the National Residue Survey
Administ ration Act 1992.
NBS (HONEY EXPORT) LEVY BILL 1992
Clause 1: Short title etc.
64. Provides for the citation of the Act.
Clause 2: Commencement
65. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Interpretation
66. For the purpose of interpreting the Act provides for the definition of
`honey' to be the same as the definition of honey in the Honey Export Charge
Act 1973.
e
11
Clause 4: Act binds Crown
67. Provides for the Act to apply in all ofthe Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 5: Imposition of levy
68. Imposes a levy on honey as detailed in the National Residue Survey
Administ ration Act 1992.
NEtS (HORTICULTURAL PRODUCTS) LEVY BILL 1992
Clause 1: Short title etc.
69. Provides for the citation of the Act.
Clause 2: Commencement
70. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Interoretation
71. For the purpose of interpreting the Act provides for the definition of
`horticultural products' to be the same as the definition of leviable
horticultural products in the Horticultural Levy Act 1987.
Clause 4; Act binds Crown
72. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 5: Imposition of levy
73. Imposes a levy on horticultural products as detailed in the National
Residue Survey Administration Act 1992.
NEtS (HORTICULTURAL PRODUCTS EXPORT) LEVY BILL 1992
Clause 1: Short title etc.
74. Provides for the citation of the Act.
Clause 2: Commencement
75. Provides for the Act to come into effect on 1 July 1993.
12
Clause 3: Interpretation
76. For the purpose of interpreting the Act provides for the definition of
`horticultural products' to he the same as the definition of chargeable
horticultural products in the Horticultural Export Charge Act 1987.
Clause 4: Act binds Crown
77. Provides for the Act to apply in all ofthe Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 5: Imposition oflevy
78. Imposes a levy on horticultural products as detailed in the National
Residue Survey Administration Act 1992.
NEtS (OILSEEDS) LEVY BILL 1992
Clause 1: Short title etc.
79. Provides for the citation of the Act.
Clause 2: Commencement
80. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Interuretation
81. For the purpose of interpreting the Act provides for the definition of
`oilseeds' to be the same as the definition ofleviable oilseeds in the Oilseeds
Levy Act 1977.
Clause 4: Act binds Crown
82. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 5: Imposition oflevy
83. Imposes a levy on oilseeds as detailed in the National Residue Survey
Administration Act 1992. 4
13
NEtS (DRIED FRUITS) LEVY BILL 1992
Clause 1: Short title etc.
84. Provides for the citation of the Act.
Clause 2: Commencement
85. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Interpretation
86. For the purpose of interpreting the Act provides for the definition of
`dried fruits' to be the same as the definition in the Dried Fruits Levy Act
1971.
Clause 4: Act binds Crown
87. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 5: Imposition of levy
88. Imposes a levy on dried fruits as detailed in the National Residue
Survey Administration Act 1992.
NIRS (WHEAT) LEVY BILL 1992
Clause 1: Short title etc.
89. Provides for the citation of the Act.
Clause 2: Commencement
90. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Act binds Crown
91. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 4: Imposition oflevy
92. Imposes a levy on wheat as detailed in the National Residue Survey
Administration Act 1992.
14
MRS (GRAIN LEGUMES) LEVY BILL 1992
Clause 1: Short title etc.
93. Provides for the citation ofthe Act.
Clause 2: Commencement
94. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Interoretation
95. For the purpose of interpreting the Act provides for the definition of
`grain legumes' to be the same as the definition of leviable grain legumes in
the Grain Legumes Levy Act 1985.
Clause 4: Act binds Crown
96. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 5: Imposition of levy
97. Imposes a levy on grain legumes as detailed in the National Residue
Survey Administration Act 1992.
NEtS (GAME ANIMALS) LEVY BILL 1992
Clause 1: Short title etc.
98. Provides for the citation of the Act.
Clause 2: Commencement
99. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Act binds Crown
100. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 4: Interpretation
101. For the purpose of interpreting the Act provides a definition of game
animal.
15
102. Sub clause 2 provides for words arid expressions to be interpreted in
the same way as in the Primary Industries Levies and Charges Collection Act
1991.
Clause 5: Imposition of levy
103. Sub-clause 1 imposes the National Residue Survey Levy on processing
at a processing establishment of game animals intended for human
consumption.
104. Sub-clause provides for exemption from the levy ofany game animals
named in the relevant regulation.
Clause 6: Rate of levy
105. Sub-clause 1 provides a table specifying the class of animals being
levied, the operative rate of the levy for each class and the maximum rate of
the levy for each class.
106. Sub-clause 2 provides for the rates to vary for different kinds of game
animals within a class.
Clause 7: Who pays the levy
107. Provides for the levy to be paid by the producer. A regulation will
prescribe `game meat' for the purposes of s. 4(lXe) of the Primary Industries
Levies and Charges Cotlection Act 1991 and the producer will therefore be the
proprietor of the establishment.
Clause 8: Renilations
108. Provides for the making of regulations that are authorised by the Act
or needed to allow the Act to operate.
NEtS (AQUATIC ANIMAL EXPORT) LEVY BILL 1992
Clause 1: Short title etc.
109. Provides for the citation of the Act.
Clause 2: Commencement
110. Provides for the Act to come into effect on 1 July 1993.
16
Clause 3: Act binds Crown
111. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 4: Interpretation
112. For the purpose of interpreting the Act provides definitions of `aquatic
animal' and `aquatic animal product'.
113. Sub clause 2 provides for words and expressions to be interpreted in
the same way as in the Primary Industries Levies and Charges Collection Act
1991.
Clause 5: Imposition of levy
114. Sub-clause 1 imposes the National Residue Survey Levy on the export
of aquatic animals and aquatic animal products.
115. Sub-clause 2 provides for the exemption of any aquatic animals or
aquatic animal products named in regulations under this Act.
Clause 6: Rate of levy
116. Sub-clause 1 provides a table specifying the class of aquatic animals
being levied, the operative rate of the levy for each class and the maximum
rate of the levy for each class.
117. Sub-clause 2 provides for the rates to vary for different kinds of aquatic
animals or aquatic animal products within a class.
Clause 7: Who nays the levy
118. Provides for the levy to be paid by the producer. A regulation will
prescribe `aquatic animals' and `aquatic animal products' for the purposes of
s.4(1)(g) of the Primary Industries Levies and Charges Collection Act 1991
and the producer will therefore be the exporter.
Clause 8: Regulations
119. Provides for the making of regulations that are authorised by the Act
or are needed to allow the Act to operate.
17
NEtS (HORSE SLAUGHTER) LEVY BILL 1992
Clause 1: Short title etc.
120. Provides for the citation of the Act.
Clause 2: Commencement
121. Provides for the Act to come into effect on 1 tJuly 1993.
Clause 3: Act binds Crown
122. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 4: Interoretation
123. For the purpose of interpreting the Act provides for words and
expressions to be interpreted in the same way as in the Primary Industries
Levies and Charges Collection Act 1991.
Clause 5: Imposition oflevy
124. Imposes the National Residue Survey Levy on the slaughter at an
abattoir of horses intended for human consumption.
Clause 6: Rate of levy
125. Sets the operative rate of levy at $4.00 per head, unless another rate is
prescribed by a regulation, and sets the maximum rate that can be prescribed
under regulation at $5.00 per head.
Clause 7: Who pays the levy
126. Provides for the levy to be paid by the producer. A regulation will
prescribe `horses' for the purposes of s.4(1)(g) of the Primary Industries Levies
and Charges Collection Act 1991 and the producer will therefore be the
exporter.
Clause 8: Re~ulations
127. Provides for the making of regulations that are authorised by the Act
or are needed to allow the Act to operate.
18
NEtS (CONSEQUENTIAL PROVISIONS) BILL 1992
Clause 1; Short title
128. Provides for the citation of the Act.
Clause 2: Conunencement 4
129. Provides for the Act to cone into effect on I July 1993.
Clause 3- Consequential amendment of other Acts
130. Provides for amendments of to other Acts as set out in the Schedule.
These amendments are to
(a) the Cattle Transaction Levy Act 1990 to ensure that the NRS levy
imposed under that legislation ceases on 1 July 1993 when the NRS
legislation will come into effect and
(b) the Primary Industries Levies and Charges Collection Act 1991 to
include
(i) exporters as a class of persons whose books or documents
relating to financial dealings can be regarded as `examinable
documents', and
(ii) aquatic animal export levies, game neat levies and horse
slaughter levies as levies which will be collected under the
provisions of that Act.
Clanxc' 4 Transfer ef funds etc to National Residue Survey Account
131. Provides for any money that is paid to the Commonwealth for the
purposes of the NRS after the Act comes into force to be transferred to the
NRS Account.
Clause 5: Appropriation
132. Appropriates money from the Consolidated Revenue Fund to cover the
transfer of funds authorised under Clause 4.
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