Federal Register of Legislation - Australian Government

Primary content

Act No. 244 of 1992 as made
An Act to impose levy on the export of aquatic animal and related products
Administered by: Agriculture, Fisheries and Forestry
Date of Assent 24 Dec 1992
Date of repeal 01 Aug 1998
Repealed by National Residue Survey Administration Amendment Act 1998
 

NATIONAL RESIDUE SURVEY (AQUATIC ANIMAL EXPORT) LEVY ACT 1992 No. 244, 1992

NATIONAL RESIDUE SURVEY (AQUATIC ANIMAL EXPORT) LEVY ACT 1992 No. 244, 1992 - LONG TITLE

An Act to impose levy on the export of aquatic animal and
related products

NATIONAL RESIDUE SURVEY (AQUATIC ANIMAL EXPORT) LEVY ACT 1992 No. 244, 1992 - SECT 1
Short title

(Assented to 24 December 1992)
1. This Act may be cited as the National Residue Survey (Aquatic Animal Export) Levy Act 1992.

(Minister's second reading speech made in-
House of Representatives on 3 November 1992
Senate on 10 November 1992)

NATIONAL RESIDUE SURVEY (AQUATIC ANIMAL EXPORT) LEVY ACT 1992 No. 244, 1992 - SECT 2
Commencement

2. This Act commences on 1 July 1993.

NATIONAL RESIDUE SURVEY (AQUATIC ANIMAL EXPORT) LEVY ACT 1992 No. 244, 1992 - SECT 3
Act binds Crown

3. 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.

NATIONAL RESIDUE SURVEY (AQUATIC ANIMAL EXPORT) LEVY ACT 1992 No. 244, 1992 - SECT 4
Interpretation

4.(1) In this Act:
"aquatic animal" means:
(a) live, fresh or processed fish; and
(b) crustaceans and molluscs; and
(c) aquatic reptiles; and
(d) all other forms of amphibious or aquatic animal life;
but does not include:
(e) aquatic mammals; or
(f) oyster spat or live fish ova; or
(g) aquarium fish; or
(h) shells from which the fish have been removed;
"aquatic animal product" means a product of which the major component is aquatic animals.

(2) Unless the contrary intention appears, a word or expression has the same meaning in this Act as it has in the Primary Industries Levies and Charges Collection Act 1991.

NATIONAL RESIDUE SURVEY (AQUATIC ANIMAL EXPORT) LEVY ACT 1992 No. 244, 1992 - SECT 5
Imposition

5.(1) Subject to subsection (2), National Residue Survey Levy is imposed on the export of aquatic animals and aquatic animal products.

(2) Levy is not imposed if the aquatic animal or aquatic animal product is prescribed for the purposes of this subsection.

NATIONAL RESIDUE SURVEY (AQUATIC ANIMAL EXPORT) LEVY ACT 1992 No. 244, 1992 - SECT 6
Rate of levy

6.(1) The rate of levy imposed on the export of aquatic animals of a particular class or aquatic animal products produced from aquatic animals of a particular class is:
(a) the rate specified in Column (2) of the following Table opposite that class; or
(b) if regulations are made prescribing a rate in relation to that class, being a rate that does not exceed the rate specified in Column (3) of the following Table opposite that class-that prescribed rate.
Column (1) Column (2) Column (3)
Class of aquatic Operative rate of Maximum rate of
animal National Residue National Residue
Survey Levy Survey Levy
fin fish 1 cent per kilo 5 cents per kilo
abalone 2.6 cents per kilo 5 cents per kilo
other crustaceans
and molluscs 0.5 cents per kilo 5 cents per kilo
any other aquatic
animal 1 cent per kilo 5 cents per kilo

(2) The regulations may prescribe different rates in relation to:
(a) different groups of aquatic animals within the same class of aquatic animals; and
(b) aquatic animal products produced from different groups of aquatic animals within the same class of aquatic animals.

NATIONAL RESIDUE SURVEY (AQUATIC ANIMAL EXPORT) LEVY ACT 1992 No. 244, 1992 - SECT 7
Who pays the levy

7. The levy is payable by the producer.

NATIONAL RESIDUE SURVEY (AQUATIC ANIMAL EXPORT) LEVY ACT 1992 No. 244, 1992 - SECT 8
Regulations

8. 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.