Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union-Quota Year 2013) Amendment Order 2013 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2013L00658

 
 
Australian Meat and Live‑stock Industry (Sheepmeat and Goatmeat Export to the European Union‑Quota Year 2013) Amendment Order 2013 (No. 1)
I, Thomas Parnell, delegate of the Secretary of the Department of Agriculture, Fisheries and Forestry, make the following order under section 17 of the Australian Meat and Live‑stock Industry Act 1997.
Dated:              10 April 2013
Thomas Parnell
Delegate of the Secretary of the Department of Agriculture, Fisheries and Forestry
  
  
Contents
1             Name of order                                                                                                                1
2             Commencement                                                                                                              1
3             Authority                                                                                                                        1
4             Schedule(s)                                                                                                                     1
Schedule 1—Amendments                                                                                                                          2
Australian Meat and Live‑stock Industry (Sheepmeat and Goatmeat Export to the European Union—Quota Year 2013) Order 2012                                                                                                                                              2
 
1  Name of order
                   This order may be cited as the Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union-Quota Year 2013) Amendment Order 2013 (No. 1).
2  Commencement
                   This order commences on the day after it is registered.
3  Authority
                   This order is made under section 17 of the Australian Meat and Live‑stock Industry Act 1997.
4  Schedule(s)
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
Australian Meat and Live‑stock Industry (Sheepmeat and Goatmeat Export to the European Union—Quota Year 2013) Order 2012
1  After subsection 7(5)
Insert:
          (5A)  As soon as practicable after this subsection commences, the Secretary must identify whether there is any amount of EU quota that:
                     (a)  has not yet been redistributed in accordance with subsection (5); or
                     (b)  is not allocated for quota year 2013 for any other reason.
Note:          This subsection was inserted by the Australian Meat and Live‑stock Industry (Sheepmeat and Goatmeat Export to the European Union—Quota Year 2013) Amendment Order 2013 (No. 1). It commenced on the day after that order was registered on the Federal Register of Legislative Instruments.
          (5B)  After the Secretary identifies the total amount of EU quota for the purposes of subsection (5A):
                     (a)  the Secretary must, as soon as practicable, redistribute the total amount among one or more eligible exporters that exported erga omnes meat in the quota year 2012; and
                     (b)  the Secretary must redistribute the amount in the way the Secretary decides; and
                     (c)  the Secretary must not redistribute to a particular eligible exporter an amount of EU quota that is more than the quantity of erga omnes meat that the eligible exporter exported in the quota year 2012.
2  Subsection 7(6)
After “subsection (3)”, insert “(including EU quota redistributed to the exporter under subsection (5) or (5B))”.
3  After section 9
Insert:
9A  Unused quota
             (1)  As soon as practicable after this section commences, the Secretary must identify the total amount (if any) of EU quota (the available amount) that has not been allocated under subsection 7(5B).
Note:          This section was inserted by the Australian Meat and Live‑stock Industry (Sheepmeat and Goatmeat Export to the European Union—Quota Year 2013) Amendment Order 2013 (No. 1). It commenced on the day after that order was registered on the Federal Register of Legislative Instruments.
             (2)  An eligible exporter may apply for approval to export a consignment of quota meat up to the available amount.
             (3)  Subsections 11(1) and (2) apply in relation to an application under this section.
             (4)  The Secretary must give the eligible exporter an approval to export a consignment of quota meat if:
                     (a)  the exporter lodges an application for the approval in accordance with this section; and
                     (b)  the total amount of the consignment and quota meat already approved for export by all eligible exporters in quota year 2013 under section 11 is not more than the access amount.
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