National Residue Survey Administration Act 1992
Act No. 243 of 1992 as amended
This compilation was prepared on 30 August 2001
taking into account amendments up to Act No. 31 of 1998
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

  

Contents
Part 1—Preliminary	1
1	Short title [see Note 1]	1
2	Commencement	1
3	Act binds Crown	1
Part 2—Interpretation	2
4	Interpretation	2
Part 3—National Residue Survey Account	3
6	Establishment of Reserve	3
7	Payments into National Residue Survey Reserve	3
8	Payments out of Reserve	3
Part 5—Miscellaneous	5
10	Report by Minister	5
11	Release of information	5
13	Regulations	5
Notes		7

An Act to establish a Reserve for the purpose of conducting a National Residue Survey, and for related purposes
Part 1—Preliminary
  
1  Short title [see Note 1]
		This Act may be cited as the National Residue Survey Administration Act 1992.
2  Commencement
		This Act commences on 1 July 1993.
3  Act binds Crown
		This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.

Part 2—Interpretation
4  Interpretation
		In this Act:
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.
Reserve means the National Residue Survey Reserve established by section 6.

Part 3—National Residue Survey Account
  
6  Establishment of Reserve
	(1)	This subsection establishes a reserve called the National Residue Survey Reserve.
	(2)	The Reserve is a component of the Reserved Money Fund.
7  Payments into National Residue Survey Reserve
		There must be transferred to the Reserve from the Consolidated Revenue Fund:
	(a)	in respect of each amount of National Residue Survey Levy collected by or on behalf of the Commonwealth—an amount equal to that amount of levy; and
	(b)	in respect of each amount of penalty collected by or on behalf of the Commonwealth in connection with National Residue Survey Levy—an amount equal to that amount of penalty; and
	(c)	amounts equal to amounts paid to the Commonwealth for the purposes of the National Residue Survey or the Reserve;
	(e)	amounts appropriated by the Parliament for the purposes of the National Residue Survey or the Reserve; and
	(f)	amounts equal to income from the investment of money from the Reserve.
8  Payments out of Reserve
	(1)	Amounts standing to the credit of the Reserve may be spent in:
	(a)	making payments, in accordance with an expenditure program approved by the Minister, for purposes related to:
	(i)	the monitoring and reporting of the level of contaminants in food products, animal feed, or fibre products, produced in Australia or produced from animals or plants produced in Australia; and
	(ii)	if the relevant body (as determined by the Minister) in the industry concerned agrees to the program extending to expenditure under this subparagraph—the testing, either on a random basis or in specific cases, of such food products, animal feed or fibre products for the purpose of tracing the sources, and identifying the causes, of contaminants; and
	(iii)	if the relevant body (as determined by the Minister) in the industry concerned agrees to the program extending to expenditure under this subparagraph—the prevention of contamination in such food products, animal feed or fibre products; and
	(b)	making payments to the Commonwealth of amounts equal to expenditure incurred by the Commonwealth in relation to:
	(i)	the collection and recovery of amounts referred to in paragraph 7(a) or (b); or
	(ii)	the administration of paragraph 7(a) or (b); or 
	(iii)	the carrying out of any activities of the kinds referred to in subparagraphs (a)(i), (ii) and (iii); and
	(c)	if an amount that was paid into the Reserve was given by a person or body to the Commonwealth for a particular purpose but has not been fully spent for that 
purpose—repaying the unspent amount to the person or body; and
	(d)	if an amount that was paid into the Reserve was appropriated by the Parliament for the purposes of the Reserve on condition that the amount be repaid—repaying the amount.
	(2)	Without limiting the generality of subsection (1), the reference in that subsection to expenditure incurred includes a reference to:
	(a)	remuneration and allowances paid to staff; and
	(b)	other expenditure incurred in relation to the provision of staff or the provision of the services of staff; and
	(c)	expenditure incurred in relation to surveys conducted for the purpose of monitoring the level of contaminants; and
	(d)	expenditure incurred in relation to the provision of accommodation or administrative support.

Part 5—Miscellaneous
  
10  Report by Minister
		As soon as practicable after the end of each financial year, the Minister is to cause a report to be laid before each House of the Parliament setting out details of the operation of the Reserve including:
	(a)	money paid into the Reserve during that financial year; and
	(b)	money paid out of the Reserve during that financial year; and
	(c)	financial statements relating to the Reserve for that financial year; and
	(d)	a description of activities undertaken in relation to the National Residue Survey during that financial year.
11  Release of information
	(1)	Subject to subsection (2), information collected under a survey conducted using funds paid or reimbursed out of the Reserve that identifies a particular person may not be released.
	(2)	Such information may be released to authorities of the Commonwealth, of a State or of a Territory that are responsible for the monitoring or regulation of pesticide or other residues in food related products for the purpose of such monitoring or regulation.
	(3)	This section does not affect the operation of section 27 of the Primary Industries Levies and Charges Collection Act 1991.
13  Regulations
		The Governor‑General may make regulations prescribing matters:
	(a)	required or permitted by this Act to be prescribed; or
	(b)	necessary or convenient to be prescribed for carrying out or giving effect to this Act. 

Notes to the National Residue Survey Administration Act 1992
Note 1
The National Residue Survey Administration Act 1992 as shown in this compilation comprises Act No. 243, 1992 amended as indicated in the Tables below. 
For all relevant information pertaining to application, saving or transitional provisions see Table A. 
Table of Acts
Act	Number 
and year	Date 
of Assent	Date of commencement	Application, saving or transitional provisions	
National Residue Survey Administration Act 1992	243, 1992	24 Dec 1992	1 July 1993		
National Residue Survey Administration (Meat Chickens) Amendment Act 1994	128, 1994	21 Oct 1994	21 Oct 1994	—	
Primary Industries and Energy Legislation Amendment Act (No. 2) 1994	129, 1994	21 Oct 1994	S. 3: Royal Assent (a)	—	
National Residue Survey Administration Amendment Act 1995	75, 1995	30 June 1995	1 July 1995	—	
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 2 (items 1039‑1052): 1 Jan 1998 (see Gazette 1997, No. GN49) (b)	—	
National Residue Survey Administration Amendment Act 1998	31, 1998	17 Apr 1998	Schedule 1: 1 Feb 1994
Schedules 2 and 3: 1 Aug 1998 (see Gazette 1998, 
No. S382)
Remainder: Royal Assent	Sch. 2 (item 8)	

(a)	The National Residue Survey Administration Act 1992 was amended by section 3 only of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1994, subsection 2(1) of which provides as follows:
	(1)	Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(b)	The National Residue Survey Administration Act 1992 was amended by Schedule 2 (items 1039‑1052) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:
	(2)	Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

Table of Amendments
ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted	
Provision affected	How affected	
Title		am. No. 152, 1997; No. 31, 1998	
S. 4		am. No. 152, 1997; No. 31, 1998	
S. 5		rep. No. 31, 1998	
Heading to Part 3		rs. No. 152, 1997	
S. 6		rs. No. 152, 1997	
Heading to s. 7		am. No. 152, 1997	
S. 7		am. No. 129, 1994; No. 152, 1997	
Heading to s. 8		am. No. 152, 1997	
S.8		am. No. 129, 1994; No. 152, 1997	
Part 4 (s. 9)		rep. No. 31, 1998	
S. 9		am. No. 75, 1995; No. 31, 1998	
	rep. No. 31, 1998	
S. 10		am. No. 152, 1997	
S. 11		am. No. 152, 1997	
S. 12		rep. No. 152, 1997	
Schedule		am. No. 128, 1994; No. 75, 1995	
	rep. No. 31, 1998	

Table A
Application, saving or transitional provisions
National Residue Survey Administration Amendment Act 1998
(No. 31, 1998)
Schedule 2
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