Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
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1992
THE PARLIAMENT OF TI-lB COMMONWEALTH OF AUSTRALIA
SENATE
NATIONAL RESIDUE SURVEY ADMINISTRATION BILL 1992
NATIONAL RESiDUE SURVEY (COARSE GRAINS) LEVY BILL 1992
NATiONAL RESIDUE SURVEY (CAflLE 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 (HORT1CULTURAL 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
EXPLANATORYMEMORANDUM
(Circulated by authority of the Minister for Resources,
the Hon. Alan Grilfiths, MP)
THIS MEMORANDUM TAXES ACCOUNT OF AMENDMENTS MADE BY THE
HOUSE OF REPRESENTATIVES TO THE BILL AS INTRODUCED
36656 Cat. No. 92 5429 7
2
GENERAL OUTLINE
The purpose ofthese 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 fimding the National Residue
Survey.
3. The NEtS 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 NEtS, 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 ofthe NBS.
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 NES Trust Account and amends the Cattle Transaction
Levy Act 1990 to ensure that the imposition of the NEtS 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 CollectionAct 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 NBS from 60% to 100%,
together with increased administrative efficiency, is expected to result in a
saving to the Commonwealth ofapproximately $2.7 million per annum on
current costs.
DEFINITION OF TERMS
8. In this Explanatory Memorandum "NRS" means the National Residue
Survey.
3
NOTES ON I}TDWWUAL CLAUSES
NTIS ADMINiSTRATION BILL 1992
PART 1- PRELIMINARY
Clause 1: Short title etc.
9. Provides for the citation ofthe Act.
Clause 2: Commencement
10. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Act binds Crown
ii. Provides for the Act to apply in all ofthe Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
PART 2- INTERPRETATION
Clause 4: Interoretation
12. For the purpose of interpreting the Act provides definitions of
`Account', `National Residue Survey Levy', `Related Act', and "Fable.
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 Primary
Industries Levies and Charges Collection Act 1991.
4
PARTS- NATIONAL RESIDUE SURVEY ACCOUNT
Clause 6: Establishment of account
15. Sub-clause I 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 ofthe 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 NRS Trust Account
(e) Parliamentary appropriations for the NEtS
(I) income from investment of NullS Trust Account money, such as
any interest accrued in a bank account.
Clause 8: Payments out of account
19. Sub-clause I provides for payments to be made for
(a) purposes related to surveys monitoring and reporting on residue
levels conducted as part ofan expenditure program approved by
the Minister
(b) reimbursement to the Commonwealth for expenditure or
administrative costs of the collection and recovery of levies and
penalties or
(c) reimbursement to the Commonwealth for expenditure incurred
in the conduct of surveys monitoring and reporting on residue
levels.
5
20. Sub-clause 2 provides an explanation of expenditure as including, but
not limited to:
(a) staffsalaries and allowances
(b) other expenditure relating to providing staff or their services
Cc) expenditure incurred in relation to the conduct of surveys, such
as cost relating to industry consultation and advice and
Cd) the provision of accommodation 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 NRS levy in relation to those products or activities. The related Acts are
set out in Column 4 ofthe Table arid 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 NullS levy for that product.
22. Sub-Clause 2 provides that levies are payable at the rates set out in
Column 2 ofthe 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 ofthe Table.
23. Sub-Clause 3 provides for NRS 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 NullS activities,
income and expenditure and financial statements applying to the financial
year just ended.
6
Clause 11: Release of information
25. Sub-clause I preserves commercial confidentiality and privacy by
providing for non-disclosure, except to authorities described in sub-clause 2,
of survey information that would identif~' particular person.
a
26. Sub-clause 2 provides for the disclosure ofinformation from surveys
that would identi& a particular person to the Commonwealth, State or
Territory authorities with residue monitoring responsibilities so that residue
problems can be traced and corrected.
Clause 12: Appropriation
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 NRS.
Clause 13: ReEulations
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 column 2, the
maximum rate of the levy in column 3 and the related Act prescribing the
mechanism for imposition in column 4.
NRS (COARSE GRAINS) LEVY BILL 1992
Clause 1: Short title etc.
30. Provides for the citation of the Act.
Clause 2: Commencement
31. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Interpretation
32. For the purpose of interpreting 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.
NRS (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 ofinterpreting 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 of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 5: Imposition of levy
39. Imposes a levy on transactions or other dealings with cattle as detailed
in the National Residue Survey Administration Act 1992.
NRS (LIVESTOCK SLAUGHTER) LEVY BILL 1992
Clause 1: Short title etc.
40. Provides for the citation ofthe Act.
Clause 2: Commencement
41. Provides for the Act to come into effect on 1 July 1993.
ClauseS: Interpretation
42. For the purpose ofinterpreting the Act provides a definition of
`livestock'.
Clause 4: Act binds Crown
43. Provides for the Act to apply in all of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
ClauseS: Imposition of levy
44. Imposes a levy on the slaughter oflivestock as detailed in the National
Residue Survey Adrnintstration Act 1992.
MRS (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.
ClauseS: Interpretation
47. For the purpose ofinterpreting the Act provides for the definition of
`meat chicken' to be the same as the definition in the Meat Chicken Levy Act
1969.
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 oflevy
49. Imposes a levy on meat chickens as detailed in the National Residue
Survey Administration Act 1992.
9
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: Interpretation
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: Imnosition of levy
54. Imposes a levy on laying chickens as detailed in the National Residue
Survey Administration Act 1992.
NRS (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 Act 1992.
10
NEtS (HONEY) LEVY BILL 1992
Clause 1: Short title etc.
59. Provides for the citation ofthe Act.
Clause 2: Commencement
60. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Internretation
61. For the purpose of interpreting the Act provides for the definition of
`honey' to be the same as the definition ofhoney 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 of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 5: Imnosition oflevy
63. Imposes a levy on honey as detailed in the National Residue Survey
Administration Act 1992.
NRS (HONEY EXPORT) LEVY BILL 1992
Clause I: 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.
ClauseS: Internretation
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 1978.
11
Clause 4: Act binds Crown
67. 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
68. Imposes a levy on honey as detailed in the National Residue Survey
Administration Act 1992.
NRS (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: Interpretation
71. For the purpose ofinterpreting 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 ofthe 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.
MRS (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: Interuretation
76. For the purpose of interpreting the Act provides for the definition of
`horticultural products' to be 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 of the Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 5: Imposition of len
78. Imposes a levy on horticultural products as detailed in the National
Residue Survey Administration Act 1992.
NRS (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: Internretation
81. For the purpose ofinterpreting the Act provides for the definition of
`oilseeds' to be the same as the definition of leviable 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 of levy
83. Imposes a levy on oilseeds as detailed in the National Residue Survey
Administration Act 1992.
13
MRS (DRIED FRUITh) 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: Interuretation
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 Admihtstration Act 1992.
MRS (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 ofthe Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 4: Imposition of levy
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 of the Act.
Clause 2: Commencement
94. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Interpretation
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.
MRS (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 ofthe Australian States, the
Australian Capital Territory, the Northern Territory and Norfolk Island.
Clause 4: Interoretation
101. For the purpose of interpreting the Act provides a definition of `game
animal'.
15
102. 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
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 of any game animals
named in the relevant regulation.
Clause 6: Rate oflevy
105. Sub-clause 1 provides a table specifying the class of animals being
levied, the operative rate ofthe 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 ofs. 4(1)(e) of the Primary Industries
Levies and Charges Collection Act 1991 and the producer will therefore be the
proprietor of the establishment,
Clause 8: Regulations
108. Provides for the making of regulations that are authorised by the Act
or needed to allow the Act to operate.
MRS (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 I 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 oflevy
116. Sub-clause I 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 pays 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(lXg) 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 ofregulations that are authorised by the Act
or are needed to allow the Act to operate.
17
NTIS (HORSE SLAUGHTER) LEVY BUL 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 July 1998.
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: Interuretation
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 of levy
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 nays the levy
126. Provides for the levy to be paid by the producer. A regulation will
prescribe `horses' for the purposes of s.4(lXg) of the Primary Industries Levies
and Charges Collection Act 1991 and the producer will therefore be the
exporter.
Clause 8: Regulations
127. Provides for the making of regulations that are authorised by the Act
or are needed to allow the Act to operate.
18
NTIS (CONSEQUENTIAL PROVISIONS) BILL 1992
Clause 1: Short title
128. Provides for the citation of the Act.
Clause 2: Commencement
129. Provides for the Act to come into effect on 1 July 1993.
Clause 3: Consequential amendment of other Acts
130. Provides for amendments to other Acts as set out in the Schedule.
These amendments are to
(a) the Cattle Transaction Levy Act 1990 to ensure that the impostion of
an NRS levy under that legislation ceases on 1 ,July 1993 when the
NES 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'
(ii) aquatic animal export levies, game meat levies and horse
slaughter as levies which will be collected under the provisions
of that Act, and
(~Inii'u~ Transfer of funds
4~ etc to National Residue Survey Account
131. Sub-clause 1 provides for money held by the Commonwealth on behalf
ofthe MRS when these Acts come into force to be transferred to the NRS
Account.
132. Sub-clause 2 provides for money held in trust funds on behalf of the
NRS when these Acts come into force to be paid back to the Consolidated
Revenue Fund and then transferred to the NRS Account.
133. Sub-clause 3 provides for any money not otherwise covered by these
Bills that is paid to the Commonwealth for the purposes of the NTRS after the
Act comes into fin-ce to be transferred to the MRS Account.
Clause 5: Appropriation
134. Appropriates money from the Consolidated Revenue Fund to cover the
transfer of funds authorised under clause 4.
Printed by Authority by the Commonwealth Government Printer
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