National Residue Survey Admin. Act

National Residue Survey Administration Amendment Act 1998

No. 31, 1998

An Act to amend the National Residue Survey Administration Act 1992, and for other purposes

[Assented to 17 April 1998]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the National Residue Survey Administration Amendment Act 1998.

2 Commencement

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Schedule 1 is taken to have commenced on 1 February 1994.

(3) Subject to subsection (4), Schedules 2 and 3 commence on a day to be fixed by Proclamation.

(4) If Schedules 2 and 3 do not commence under subsection (3) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

3 Schedule(s)

Subject to section 2, each Act, and each set of regulations, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments commencing on 1 February 1994

National Residue Survey Administration Act 1992

1 At the end of section 9

Add:

(4) For the purposes of this section, a person is taken to have become liable to pay a charge in respect of onions under the Horticultural Export Charge Act 1987 even if the rate of the charge is $0.00 per tonne.

Primary Industries Levies and Charges Collection (National Residue Survey—Onion) Regulations

2 Regulation 4 (definition of NRS Levy)

Repeal the definition, substitute:

NRS Levy means:

(a) National Residue Survey Levy imposed on onions by the National Residue Survey (Horticultural Products Export) Levy Act 1992; or

(b) so much of the levy imposed on onions by the Levy Act as is attributable to the rate of levy prescribed for the purposes of section 10 of the Levy Act.

3 Regulation 4 (definition of NRS Levy Act)

Repeal the definition, substitute:

NRS Levy Act means the National Residue Survey (Horticultural Products Export) Levy Act 1992.

4 Regulation 13

Omit “NRS” (second occurring).

Note: The heading to Regulation 13 is altered by omitting “NRS”.

5 Regulation 13

Omit “in relation to which there is liability to pay charge”.

6 Regulation 14

Omit “NRS”.

Note: The heading to Regulation 14 is altered by omitting “NRS”.

7 Regulation 15

After “amount of”, insert “NRS”.

8 Transitional—regulations may be amended

This Schedule does not prevent the amendment or repeal of the Primary Industries Levies and Charges Collection (National Residue Survey—Onion) Regulations by regulations made under:

(a) the Horticultural Export Charge Act 1987; or

(b) the Horticultural Levy Act 1987; or

(d) the Primary Industries Levies and Charges Collection Act 1991.

Schedule 2—Amendments commencing on Proclamation

National Residue Survey Administration Act 1992

1 Title

Omit “and to provide for the collection of National Residue Survey Levy imposed by various Acts”.

2 Section 4 (definition of National Residue Survey Levy)

Repeal the definition, substitute:

National Residue Survey Levy means levy of that name payable under:

(a) the National Residue Survey (Customs) Levy Act 1998; or

(b) the National Residue Survey (Excise) Levy Act 1998.

3 Section 4 (definition of Related Act)

Repeal the definition.

4 Section 4 (definition of Table)

Repeal the definition.

5 Section 5

Repeal the section.

6 Part 4

Repeal the Part.

7 Schedule

Repeal the Schedule.

8 Transitional—pre-commencement levies

(1) Despite the repeals made by Schedule 3, a repealed Act specified in the second column of the table in subitem (3) continues to apply, in relation to the corresponding matter specified in the third column of that table, as if those repeals had not been made.

(2) Despite the amendments and repeals made by this Schedule and Schedule 3, the National Residue Survey Administration Act 1992 and the Primary Industries Levies and Charges Collection Act 1991 continue to apply, in relation to National Residue Survey Levy imposed:

(a) by a repealed Act specified in the second column of the table in subitem (3); and

(b) in respect of the corresponding matter specified in the third column of that table;

as if those amendments and repeals had not been made.

(3) The table is as follows:

Pre-commencement levies
Item	Repealed Act	Matter in respect of which the repealed Act continues to apply
1	National Residue Survey (Aquatic Animal Export) Levy Act 1992	Aquatic animals or aquatic animal products exported from Australia before the commencement of Schedule 1 to the National Residue Survey (Customs) Levy Act 1998
2	National Residue Survey (Buffalo Slaughter) Levy Act 1997	Buffaloes slaughtered before the commencement of subclause 1(1) of Schedule 11 to the National Residue Survey (Excise) Levy Act 1998
3	National Residue Survey (Cattle Export) Levy Act 1997	Cattle exported from Australia before the commencement of Schedule 2 to the National Residue Survey (Customs) Levy Act 1998
4	National Residue Survey (Cattle Transactions) Levy Act 1997	Either: (a) a transaction entered into before the commencement of Schedule 1 to the National Residue Survey (Excise) Levy Act 1998 by which the ownership of cattle is transferred; or (b) the delivery or slaughter of cattle before the commencement of that Schedule
5	National Residue Survey (Coarse Grains) Levy Act 1992	Leviable coarse grain delivered or processed before the commencement of Schedule 2 to the National Residue Survey (Excise) Levy Act 1998
6	National Residue Survey (Dairy Produce) Levy Act 1992	Any of the following: (a) relevant dairy produce supplied by the producer before the commencement of Schedule 3 to the National Residue Survey (Excise) Levy Act 1998; (b) relevant dairy produce delivered to a manufacturer by the producer before the commencement of that Schedule; (c) relevant dairy produce produced by a manufacturer, and used by the manufacturer, before the commencement of that Schedule
7	National Residue Survey (Dried Fruits) Levy Act 1992	Dried fruits received before the commencement of Schedule 4 to the National Residue Survey (Excise) Levy Act 1998
8	National Residue Survey (Game Animals) Levy Act 1992	Game animals processed at a processing establishment before the commencement of Schedule 5 to the National Residue Survey (Excise) Levy Act 1998
9	National Residue Survey (Grain Legumes) Levy Act 1992	Leviable grain legumes delivered or processed before the commencement of Schedule 6 to the National Residue Survey (Excise) Levy Act 1998
10	National Residue Survey (Honey Export) Levy Act 1992	Honey exported from Australia before the commencement of Schedule 3 to the National Residue Survey (Customs) Levy Act 1998
11	National Residue Survey (Honey) Levy Act 1992	Either: (a) honey sold before the commencement of Schedule 7 to the National Residue Survey (Excise) Levy Act 1998; or (b) honey used before the commencement of that Schedule in the production of other goods
12	National Residue Survey (Horse Slaughter) Levy Act 1992	Horses slaughtered before the commencement of Schedule 8 to the National Residue Survey (Excise) Levy Act 1998
13	National Residue Survey (Horticultural Products Export) Levy Act 1992	Horticultural products exported from Australia before the commencement of Schedule 4 to the National Residue Survey (Customs) Levy Act 1998
14	National Residue Survey (Horticultural Products) Levy Act 1992	Either: (a) horticultural products sold or used before the commencement of Schedule 9 to the National Residue Survey (Excise) Levy Act 1998; or (b) horticultural products presumed to be produced in Australia before the commencement of that Schedule
15	National Residue Survey (Laying Chicken) Levy Act 1992	Laying chickens hatched before the commencement of Schedule 10 to the National Residue Survey (Excise) Levy Act 1998
16	National Residue Survey (Livestock Slaughter) Levy Act 1992	Deer or pigs slaughtered before the commencement of Schedule 11 to the National Residue Survey (Excise) Levy Act 1998
17	National Residue Survey (Meat Chicken) Levy Act 1992	Meat chickens hatched before the commencement of Schedule 12 to the National Residue Survey (Excise) Levy Act 1998
18	National Residue Survey (Oilseeds) Levy Act 1992	Leviable oilseeds delivered or processed before the commencement of Schedule 13 to the National Residue Survey (Excise) Levy Act 1998
19	National Residue Survey (Ratite Slaughter) Levy Act 1997	Ratites slaughtered before the commencement of Schedule 14 to the National Residue Survey (Excise) Levy Act 1998
20	National Residue Survey (Sheep, Lambs and Goats Export) Levy Act 1997	Sheep, lambs or goats exported from Australia before the commencement of Schedule 5 to the National Residue Survey (Customs) Levy Act 1998
21	National Residue Survey (Sheep, Lambs and Goats Transactions) Levy Act 1997	Either: (a) a transaction entered into before the commencement of Schedule 15 to the National Residue Survey (Excise) Levy Act 1998 by which the ownership of sheep, lambs or goats is transferred; or (b) the delivery or slaughter of sheep, lambs or goats before the commencement of that Schedule
22	National Residue Survey (Wheat) Levy Act 1992	Wheat delivered or processed before the commencement of Schedule 16 to the National Residue Survey (Excise) Levy Act 1998

Primary Industries Levies and Charges Collection Act 1991

9 Subsection 4(4)

Repeal the subsection, substitute:

(4) Unless the contrary intention appears, for the purposes of the collection of a particular levy or charge, a word or expression contained in this Act that is not defined for the purposes of this Act but is defined in:

(a) an associated Act for the purposes of the imposition of the levy or charge by that Act; or

(b) a Schedule to an associated Act for the purposes of the imposition of the levy or charge by that Schedule;

has the same meaning in this Act as in the associated Act or that Schedule, as the case may be.

10 Schedule 2

Omit:

National Residue Survey (Aquatic Animal Export) Levy Act 1992
National Residue Survey (Buffalo Slaughter) Levy Act 1997
National Residue Survey (Cattle Export) Levy Act 1997
National Residue Survey (Cattle Transactions) Levy Act 1997
National Residue Survey (Game Meat) Levy Act 1992
National Residue Survey (Horse Slaughter) Levy Act 1992
National Residue Survey (Sheep, Lambs and Goats Export) Levy Act 1997
National Residue Survey (Sheep, Lambs and Goats Transactions) Levy Act 1997