Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2012

Link to law: https://www.comlaw.gov.au/Details/F2012L01059

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Australian Meat and Live‑stock Industry (High Quality Beef Export to the European Union) Order 20121
Australian Meat and Live‑stock Industry Act 1997
I, Matthew Koval, 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 16 May 2012
 
Matthew Koval
Delegate of the Secretary of the Department of Agriculture, Fisheries and Forestry
Contents
Part 1                          Preliminary
                      1.1      Name of order                                                                                    4
                      1.2      Commencement                                                                                  4
                      1.3      Definitions                                                                                          4
                      1.4      Use of quota entitlement                                                                     7
                      1.5      Time                                                                                                   7
Part 2                          Prohibition of exports
                      2.1      No export without approval and certificate—quota meat                       8
                      2.2      No export without certificate—grain fed high quality beef                      8
Part 3                          Quota entitlements—initial allocations
Division 1                      General
                      3.1      What Part 3 does                                                                                9
                      3.2      Initial allocations—amounts to be allocated and to whom                      9
Division 2                      Eligibility for allocation
                      3.3      Standard quota entitlement—eligibility for allocation to standard quota holders         9
                      3.4      Non‑standard quota entitlement—eligibility for allocation to new entrants 10
                      3.5      Non‑standard quota entitlement—eligibility for allocation to standard quota holders following allocation to new entrants                                                                  10
Division 3                      Working out notional quota entitlements
                      3.6      Notional standard quota entitlements for standard quota holders         11
                      3.7      Notional non‑standard quota entitlements for new entrants                  11
                      3.8      Notional non‑standard quota entitlement for standard quota holders    12
Division 4                      Allocation of entitlements
                      3.9      Amount of quota entitlement                                                              12
                    3.10      Allocation of quota entitlement                                                          13
Part 4                          Quota entitlements—subsequent allocation stages
Division 1                      General
                      4.1      What Part 4 does                                                                              14
                      4.2      Subsequent allocations—amounts to be allocated                              14
Division 2                      Eligibility for allocation
                      4.3      Supplementary quota entitlement                                                       14
                      4.4      Allocation of first‑come first‑served quota entitlement                         15
Division 3                      Allocation of entitlements
                      4.5      Amount of quota entitlement                                                              15
                      4.6      Allocation of quota entitlement                                                          15
Part 5                          Loss of allocated quota entitlement
                      5.1      What Part 5 does                                                                              16
                      5.2      When unused EU quota entitlement lapses                                         16
                      5.3      When unused quota entitlement is forfeited                                        16
                      5.4      Penalty for failure to use quota entitlement                                         18
Part 6                          Transfer of quota entitlement
                      6.1      Transferrable quota entitlement                                                          19
                      6.2      Non‑transferrable quota entitlement                                                    19
                      6.3      Transferrable quota entitlement that becomes non‑transferrable on occurrence of an event     19
                      6.4      Transfer of amounts of quota entitlement that prevents access to quota for 3 years  20
Part 7                          Approvals
                      7.1      How to obtain approval for exports                                                    21
                      7.2      Approval to export from unallocated quota entitlement                       22
                      7.3      Approvals for exports unlikely to be accepted into EU                        23
                      7.4      Duration of approvals                                                                       23
                      7.5      How to work out how much quota meat an exporter has exported        23
Part 8                          Certificates
                      8.1      How to obtain certificates—quota meat                                              25
                      8.2      How to obtain certificates—grain fed high quality beef                        25
                      8.3      Certificates obtained before 1 July 2012                                             25
                      8.4      When certificate ceases to have effect                                               25
Part 9                          Miscellaneous
                      9.1      Where to send notices and documents                                               26
                      9.2      Approved forms and authorised officers                                            26
                      9.3      Australian Meat and Live‑stock Industry (High Quality Beef Export to the European Union) Order 2011—repeal                                                                                     26
                      9.4      Cessation of effect of order                                                              26
                              
 
Part 1                 Preliminary
  
1.1           Name of order
                This order is the Australian Meat and Live‑stock Industry (High Quality Beef Export to the European Union) Order 2012.
1.2           Commencement
                This order commences on the day after it is registered.
1.3           Definitions
         (1)   In this order:
1st year new entrant means an exporter who:
                (a)    was not allocated a quota entitlement in 2009–2010, 2010–2011 and 2011–2012 under one or more orders made for section 17 of the Act; and
               (b)    was not a related entity of an eligible exporter who had been allocated a quota entitlement in those periods.
2nd year new entrant means an exporter who:
                (a)    was allocated a non‑standard quota entitlement in 2011–2012 under an order made for section 17 of the Act; and
               (b)    was not allocated a quota entitlement in 2009–2010 and 2010–2011 under one or more orders made for section 17 of the Act; and
                (c)    was not a related entity of an eligible exporter who had been allocated a quota entitlement in 2009–2010 and 2010–2011.
3rd year new entrant means an exporter who was allocated non‑standard quota entitlements in 2010–2011 and 2011–12 under one or more orders made for section 17 of the Act.
2009–2010 means the period of 12 months beginning on 1 July 2009.
2010–2011 means the period of 12 months beginning on 1 July 2010.
2011–2012 means the period of 12 months beginning on 1 July 2011.
2012–2013 means the period of 12 months beginning on 1 July 2012.
access amount, for 2012–2013, means the total shipped weight of quota meat that may be exported to a member country of the EU in the year, subject to the EU reduced tariff.
Act means the Australian Meat and Live‑stock Industry Act 1997.
approval means an approval under Part 7 to export a consignment of quota meat.
approved form means a form approved by the Secretary under section 9.2 for the provision in which the expression is used.
AUS‑MEAT means AUS‑MEAT Limited (ACN 082 528 881).
AUS‑MEAT handbook cut number, for a cut of meat, means the number for that cut of meat set out in the AUS‑MEAT Limited RFP Cut Code Reference, as in force at the commencement of this order.
Note   The AUS‑MEAT Limited RFP Cut Code Reference is available at www.ausmeat.com.au.
AUS‑MEAT meat type cipher, for a type of meat, means the cipher for that type of meat set out in the AUS‑MEAT Limited RFP Cut Code Reference, as in force at the commencement of this order.
authorised officer means an officer of the Department authorised by the Secretary under section 9.2.
certificate means a certificate under Part 8 that will be accepted by the EC as evidence of the authenticity of a consignment of quota meat.
consignment means a single shipment (by sea or air) of quota meat by an exporter to a single consignee.
consignment information, for a consignment, means the information given to the QA Unit by the exporter of the consignment.
DAFF Biosecurity means Department of Agriculture, Fisheries and Forestry Biosecurity.
Department means the Australian Government Department of Agriculture, Fisheries and Forestry.
Note   See section 19A of the Acts Interpretation Act 1901.
EC means the European Commission.
eligible exporter means an exporter who is eligible:
                (a)    to be allocated quota entitlement under Part 3 or 4; or
               (b)    to receive quota entitlement by transfer under Part 6.
establishment means premises that:
                (a)    are under the full‑time inspection and supervision of DAFF Biosecurity; and
               (b)    are registered under the Export Control Act 1982; and
                (c)    have been accredited by AUS‑MEAT and DAFF Biosecurity for the export of meat to the EU.
EU means the European Union.
EU reduced tariff, for quota meat, means the rate of tariff set out in Article 1 (3) of Commission Regulation (EC) No 936/97.
EU reduced tariff for grain fed high quality beef, for grain fed high quality beef, means the rate of tariff set out in Article 1 (2) of Council Regulation (EC) No 617/2009.
EXDOC means the electronic documentation system maintained by DAFF Biosecurity.
exporter means the holder of a meat export licence allowing the holder to export high quality beef to the EU.
first‑come first‑served quota entitlement means quota entitlement mentioned in subsection 4.2 (2).
grain fed high quality beef means meat that meets the description in Annex 1 to Commission Regulation (EC) No 620/2009.
high quality beef means meat that meets the description of ‘High‑quality Beef’ in Article 2 (b) of Commission Regulation (EC) No 936/97 as amended by Commission Regulation (EC) No 810/2008.
new entrant means an exporter who is:
(a)    a 1st year new entrant; or
(b)    a 2nd year new entrant; or
(c)    a 3rd year new entrant.
non‑standard quota entitlement means quota entitlement that is allocated to an exporter under Part 3.
QA Unit means the section of the Department known as the Quota Administration and Statistics Unit.
Note   The address of the QA Unit is given in section 9.1.
quota entitlement, for an eligible exporter, means the total, after taking into account any transfers under Part 6, of the exporter’s:
                (a)    standard quota entitlement; and
               (b)    non‑standard quota entitlement.
quota meat means high quality beef, other than:
                (a)    product for ships’ stores; or
               (b)    a product for which a certificate is not required by the EC.
recorded shipments, for an exporter, means shipments made by the exporter as recorded by EXDOC.
request amount means the amount of quota entitlement requested by an eligible exporter in an application for quota.
shipped weight, for quota meat, means the weight of the meat when it is loaded for shipment (whether it is bone‑in or boneless).
standard quota entitlement means quota entitlement that is allocated to an exporter under Parts 3 and 4.
standard quota holder means an eligible exporter who has been allocated standard quota.
supplementary quota entitlement means quota entitlement mentioned in subsection 4.2 (1).
         (2)   In this order, the question whether a body corporate is related to another body corporate is to be determined in the same manner as that question is determined for the purposes of the Corporations Act 2001.
1.4           Use of quota entitlement
                In this order, an amount of quota entitlement is taken to have been used when an export of that amount is covered by an approval under Part 7.
1.5           Time
                A reference in this order to a particular time is a reference to the legal time in the Australian Capital Territory.
Part 2                 Prohibition of exports
  
2.1           No export without approval and certificate—quota meat
         (1)   Subject to subsection (2), a consignment of quota meat may only be exported by a person to a member country of the EU at the EU reduced tariff if:
                (a)    the person has received an allocation of quota entitlement under Part 3 or 4; and
               (b)    the export of the consignment is covered by a current approval under Part 7; and
                (c)    the exporter has obtained a certificate under Part 8 for the consignment.
         (2)   On and after 4 March 2013, a consignment of quota meat may also be exported by a person to a member country of the EU at the EU reduced tariff if:
                (a)    the export of the consignment is covered by a current approval under Part 7; and
               (b)    the exporter has obtained a certificate under Part 8 for the consignment.
2.2           No export without certificate—grain fed high quality beef
         (1)   Subsection (2) applies to a consignment of grain fed high quality beef that is not to be exported by a person to a member country of the EU in accordance with section 2.1.
         (2)   The consignment may only be exported by a person to a member country of the EU at the EU reduced tariff for grain fed high quality beef if the exporter has obtained a certificate under section 8.2 for the consignment.
Part 3                 Quota entitlements—initial allocations
  
Division 1                      General
3.1           What Part 3 does
                This Part sets out the initial stage of the allocation of standard and non‑standard quota entitlement for 2012–2013.
Note   Section 27 of the Act allows an order made under section 17 of the Act to provide for the establishment and administration of a system of quotas.
3.2           Initial allocations—amounts to be allocated and to whom
                In the first stage of allocation of quota entitlement for 2012–2013, the Secretary may allocate:
                (a)    up to 6 650 tonnes of standard quota entitlement to standard quota holders; and
               (b)    up to 500 tonnes of non‑standard quota entitlement to new entrants; and
                (c)    after the allocation of non‑standard quota entitlement to new entrants—unallocated non‑standard quota entitlement (if any) to standard quota holders.
Division 2                      Eligibility for allocation
3.3           Standard quota entitlement—eligibility for allocation to standard quota holders
         (1)   An exporter is eligible to be allocated standard quota entitlement if the exporter:
                (a)    is not a new entrant; and
               (b)    applied to the QA Unit for an allocation of quota entitlement before close of business on 15 May 2012; and
                (c)    applied for a request amount in a form approved by the Secretary.
         (2)   However, the exporter is not eligible to be allocated standard quota entitlement if the exporter is mentioned in section 6.4.
Note   If the exporter’s notional standard quota entitlement is less than 1 tonne, the exporter’s entitlement will be nil (see paragraph 3.9 (2) (b)).
3.4           Non‑standard quota entitlement—eligibility for allocation to new entrants
                An exporter is eligible to be allocated non‑standard quota entitlement if the exporter:
                (a)    is a new entrant; and
               (b)    if the exporter is a 2nd year new entrant or a 3rd year new entrant—did not export more than the shipped weight of quota meat shown in approvals given to the exporter under the Australian Meat and Live‑stock Industry (High Quality Beef Export to the European Union) Order 2011; and
                (c)    applied to the QA Unit for an allocation of non‑standard quota entitlement before close of business on 15 May 2012; and
               (d)    applied for a request amount of not more than 36 tonnes in a form approved by the Secretary.
3.5           Non‑standard quota entitlement—eligibility for allocation to standard quota holders following allocation to new entrants
         (1)   This section applies if:
                (a)    the process for the allocation of non‑standard quota entitlement to new entrants is completed; and
               (b)    an amount of non‑standard quota entitlement is unallocated.
         (2)   An exporter is eligible to be allocated non‑standard quota entitlement if the exporter:
                (a)    is a standard quota holder; and
               (b)    under orders made for section 17 of the Act, was allocated non‑standard quota in 2010–11 and 2011–12; and
                (c)    applied to the QA Unit for an allocation of quota entitlement in accordance with subsection 3.3 (1); and
               (d)    received less than the amount of standard quota entitlement for which the exporter applied.
         (3)   However, the exporter is not eligible to be allocated non‑standard quota if any of the following circumstances exists:
                (a)    the exporter is not eligible to be allocated standard quota entitlement under subsection 3.3 (2);
               (b)    the exporter has been allocated a total of more than 36 tonnes;
                (c)    the exporter has had an amount of quota entitlement:
                          (i)    cancelled under Part 5; or
                         (ii)    that has become a penalty amount under Part 5.
Division 3                      Working out notional quota entitlements
3.6           Notional standard quota entitlements for standard quota holders
                The Secretary must work out a notional standard quota entitlement for a standard quota holder using the formula:
                where:
                 ERS is the total weight of the exporter’s recorded shipments of high quality beef to the EU in the period commencing on 1 May 2009 and ending on 30 April 2012.
                 TRS is the total weight of all exporters’ recorded shipments of high quality beef to the EU in the period commencing on 1 May 2009 and ending on 30 April 2012.
3.7           Notional non‑standard quota entitlements for new entrants
         (1)   The Secretary must work out a notional non‑standard quota entitlement for a new entrant using the formula:
                where:
                 ERS is the total weight of the exporter’s recorded shipments of high quality beef to the EU for the period commencing on 1 May 2009 and ending on 30 April 2012; and
                TRS is the total weight of all exporters’ recorded shipments of high quality beef to the EU for the period commencing on 1 May 2009 and ending on 30 April 2012.
         (2)   After using the formula:
                (a)    if the total amount of the new entrants’ notional non‑standard quota entitlement would not exceed the total amount of non‑standard quota, each new entrant’s non‑standard quota entitlement is its notional non‑standard quota entitlement; and
               (b)    if the total amount of the new entrants’ notional non‑standard quota entitlement would exceed the total amount of non‑standard quota, each new entrant’s non‑standard quota entitlement is its notional non‑standard quota entitlement worked out after the Secretary uses subsection (3).
         (3)   For paragraph (2) (b), the Secretary must:
                (a)    divide the total amount by the number of new entrants to work out an amount of non‑standard quota entitlement per exporter; and
               (b)    remove from the allocation each exporter whose notional non‑standard quota entitlement is less than 1 tonne; and
                (c)    divide the total amount of non‑standard quota by the number of exporters left after the application of paragraph (b); and
               (d)    determine whether the result would exceed any exporter’s notional amount of non‑standard quota entitlement.
3.8           Notional non‑standard quota entitlement for standard quota holders
                The Secretary must work out a notional non‑standard quota entitlement for a standard quota holder using the formula in section 3.6.
Division 4                      Allocation of entitlements
3.9           Amount of quota entitlement
         (1)   After using Division 3, the Secretary must work out an exporter’s quota entitlement for 2012–2013.
Standard quota holders
         (2)   If the exporter is a standard quota holder who has applied for the allocation of a standard quota entitlement, the Secretary must use the following rules:
                (a)    if the exporter’s notional standard quota entitlement is more than the exporter’s request amount, the entitlement is the request amount;
               (b)    if the exporter’s notional standard quota entitlement is less than 1 tonne, the entitlement is nil;
                (c)    if paragraphs (a) and (b) do not apply, the entitlement is the notional standard quota entitlement.
         (3)   If the exporter is a standard quota holder who has applied for the allocation of a non‑standard quota entitlement, the Secretary must use the following rules:
                (a)    if the exporter has received an allocation of non‑standard quota entitlement in 2 of the 3 previous quota years, the entitlement is nil;
               (b)    if the exporter received an allocation of standard quota entitlement that was the exporter’s request amount, the entitlement is nil;
                (c)    subject to paragraph (d), if the exporter received an allocation of standard quota entitlement that was less than the exporter’s request amount, the entitlement is the request amount less the amount of standard quota allocated to the exporter;
               (d)    the allocation of standard quota and non‑standard quota must not exceed 36 tonnes.
New entrants
         (4)   If the exporter is a new entrant who has applied for the allocation of a non‑standard quota entitlement, the Secretary must use the following rules:
                (a)    if the exporter’s request amount is 12 tonnes or less, the entitlement is the request amount;
               (b)    if:
                          (i)    the exporter’s request amount is more than 12 tonnes; and
                         (ii)    the yearly average of the exporter’s recorded shipments of high quality beef to the EU is less than the request amount;
        the entitlement is 12 tonnes;
                (c)    if:
                          (i)    the exporter’s request amount is more than 12 tonnes; and
                         (ii)    the yearly average of the exporter’s recorded shipments of high quality beef to the UE is at least the request amount;
        the entitlement is the lower of the request amount and 36 tonnes.
3.10        Allocation of quota entitlement
         (1)   The Secretary must allocate to an exporter the amount worked out for
the exporter under section 3.9 as the exporter’s quota entitlement for
2012–2013.
         (2)   If the Secretary allocates quota entitlement to an exporter, the Secretary must give the exporter a notice that states the shipped weight of quota meat that the exporter is entitled to export under the quota entitlement.
Part 4                 Quota entitlements—subsequent allocation stages
  
Division 1                      General
4.1           What Part 4 does
                This Part sets out the subsequent stages of the allocation of standard quota entitlement for 2012–2013.
Note   Section 27 of the Act allows an order made under section 17 of the Act to provide for the establishment and administration of a system of quotas.
4.2           Subsequent allocations—amounts to be allocated
         (1)   In the subsequent stages of allocation of quota entitlement for 2012–2113:
                (a)    the Secretary may allocate supplementary quota entitlements of quota that have become available for allocation after the allocation process in Part 3 is finalised; and
               (b)    the quota entitlements are supplementary quota entitlement.
         (2)   In the subsequent stages of allocation of quota entitlement for 2012–2113:
                (a)    the Secretary may allocate quota entitlements of quota that become available for allocation during the period commencing on 1 February 2013 and ending on 30 June 2013; and
               (b)    the entitlements are to be allocated on a first‑come first‑served basis; and
                (c)    the quota entitlements are first‑come first‑served quota entitlement.
Division 2                      Eligibility for allocation
4.3           Supplementary quota entitlement
         (1)   An exporter is eligible to be allocated supplementary quota entitlement if the exporter:
                (a)    was not allocated the exporter’s request amount under Part 3; and
               (b)    was not eligible to be allocated a non‑standard quota entitlement under section 3.5; and
                (c)    applied to the QA Unit for an allocation of supplementary quota entitlement before close of business on 30 April 2013; and
               (d)    applied for a request amount in a form approved by the Secretary.
         (2)   The exporter is not eligible to be allocated supplementary quota entitlement if quota allocated to the exporter for 2012–2013 is subject to penalties or forfeiture.
4.4           Allocation of first‑come first‑served quota entitlement
         (1)   An exporter is eligible to be allocated first‑come first‑served quota entitlement if the exporter:
                (a)    has applied to the QA Unit for an allocation of first‑come first‑served quota entitlement and has paid the fee for the allocation; and
               (b)    applied for a request amount in a form approved by the Secretary.
         (2)   The exporter is not eligible to be allocated first‑come first‑served quota entitlement if quota allocated to the exporter for 2012–2013 is subject to forfeiture.
Division 3                      Allocation of entitlements
4.5           Amount of quota entitlement
Supplementary quota entitlement
         (1)   The Secretary must work out an exporter’s entitlement to supplementary quota.
         (2)   In working out the amount of supplementary quota to allocate to the exporter, the Secretary must take the following into account:
                (a)    the exporter’s record of shipment over the previous 3 quota years;
               (b)    the amount of quota available to all exporters requesting supplementary quota;
                (c)    the demand for the quota.
First‑come first‑served quota entitlement
         (3)   The Secretary must work out an exporter’s entitlement to first‑come first‑served quota.
         (4)   In working out the amount of first‑come first‑served quota to allocate to the exporter, the Secretary must take into account the amount of quota available and the demand for the quota.
4.6           Allocation of quota entitlement
         (1)   The Secretary must allocate to an exporter the amount worked out for the exporter under section 4.5 as part of the exporter’s quota entitlement for 2012–2013.
         (2)   If the Secretary allocates quota entitlement to an exporter, the Secretary must give the exporter a notice that states the shipped weight of quota meat that the exporter is entitled to export under the quota entitlement.
Part 5                 Loss of allocated quota entitlement
  
5.1           What Part 5 does
                This Part explains how quota entitlement that has been allocated for
2012–2013 ceases to be available to an exporter.
5.2           When unused EU quota entitlement lapses
         (1)   An exporter must, before 1 February 2013, give the Secretary a written declaration stating:
                (a)    how it intends to deal with any quota entitlement that will be unused as of 1 February 2013; and
               (b)    whether it intends to relinquish any of the unused quota entitlement.
Note   Before 1 February 2013, the Department will send each eligible exporter a notice with a form of declaration.
         (2)   If the exporter:
                (a)    has unused quota entitlement on 1 February 2013; and
               (b)    did not give a declaration to the Secretary about the unused quota entitlement before 1 February 2013;
the exporter’s unused quota entitlement lapses at the beginning of 1 February 2013.
         (3)   The Secretary must cancel any unused quota entitlement that lapses under subsection (2).
Note 1   Under section 15 of the Act, an exporter may apply for approval to export quota entitlement that has lapsed under this section.
Note 2   Under section 28 of the Act, the Secretary may cancel a quota or part of a quota in accordance with this order.
Note 3   Under section 30 of the Act, the exporter has a right of review by the Administrative Appeals Tribunal of the Secretary’s decision.
5.3           When unused quota entitlement is forfeited
Non‑payment of fee
         (1)   If an exporter:
                (a)    is required to pay a fee in relation to a quota entitlement; and
               (b)    did not pay the whole of the fee by the day required by the Secretary in the invoice for the fee;
the exporter’s unused quota entitlement is forfeited at the end of that day.
         (2)   The Secretary must cancel any unused quota entitlement that has been forfeited under subsection (1).
Note 1   Under section 15 of the Act, an exporter may apply for approval to export quota entitlement that has lapsed under this section.
Note 2   Under section 28 of the Act, the Secretary may cancel a quota or part of a quota in accordance with this order.
Note 3   Under section 30 of the Act, the exporter has a right of review by the Administrative Appeals Tribunal of the Secretary’s decision.
Export of less than 1 tonne of beef
         (3)   If:
                (a)    an exporter’s quota entitlement is 1 tonne of beef or more; and
               (b)    the exporter has used less than 1 tonne of the exporter’s quota entitlement by 1 February 2013;
the exporter’s unused quota entitlement is forfeited at the commencement of that day.
         (4)   The Secretary must cancel any unused quota entitlement that has been forfeited under subsection (3).
Note 1   Under section 15 of the Act, an exporter may apply for approval to export quota entitlement that has lapsed under this section.
Note 2   Under section 28 of the Act, the Secretary may cancel a quota or part of a quota in accordance with this order.
Note 3   Under section 30 of the Act, the exporter has a right of review by the Administrative Appeals Tribunal of the Secretary’s decision.
Use of less than 25% of entitlement
         (5)   If an exporter has used less than 25% of the exporter’s quota entitlement by 1 February 2013, the exporter’s unused quota entitlement is forfeited at the beginning of that day.
         (6)   The Secretary must cancel any unused quota entitlement that has been forfeited under subsection (5).
Note 1   Under section 15 of the Act, an exporter may apply for approval to export quota entitlement that has lapsed under this section.
Note 2   Under section 28 of the Act, the Secretary may cancel a quota or part of a quota in accordance with this order.
Note 3   Under section 30 of the Act, the exporter has a right of review by the Administrative Appeals Tribunal of the Secretary’s decision.
5.4           Penalty for failure to use quota entitlement
         (1)   This section applies if an exporter has unused quota entitlement for
2012–2013 on 1 June 2013.
         (2)   The amount of unused quota entitlement is taken to be a penalty amount in relation to the exporter.
         (3)   The Secretary must take a penalty amount for a quota year into account when allocating quota entitlement for the subsequent quota year.
Part 6                 Transfer of quota entitlement
  
6.1           Transferrable quota entitlement
         (1)   Subject to this Part, an exporter (the transferor) may transfer all or part of the exporter’s standard quota entitlement to another exporter (the transferee) if:
                (a)    the standard quota entitlement was allocated under Part 3 or 4; and
               (b)    quota allocated to the transferor for 2012–13 is not subject to forfeiture; and
                (c)    before completing the transfer, the transferor tells the Department’s QA Unit in writing:
                          (i)    the name of the transferor; and
                         (ii)    the name of the transferee; and
                        (iii)    the shipped weight, in kilograms, of the quota entitlement to be transferred.
Note     For conditions on the transfer of quota entitlement, see sections 6.3 and 6.4.
         (2)   For subsection (1), standard quota entitlement may be transferred to a new entrant.
Note   The new entrant cannot transfer the standard quota entitlement (see paragraph 6.2 (d)).
6.2           Non‑transferrable quota entitlement
                The following kinds of quota entitlement are not transferrable:
                (a)    non‑standard quota entitlement allocated to a new entrant under Part 3;
               (b)    non‑standard quota entitlement allocated to a standard quota holder under Part 3;
                (c)    quota entitlement that ceases to be available to the exporter under Part 5;
               (d)    standard quota entitlement transferred to a new entrant under Part 6.
6.3           Transferrable quota entitlement that becomes non‑transferrable on occurrence of an event
                If an exporter is allocated or is transferred any of the following kinds of quota entitlement, the exporter ceases to be entitled to transfer any of the exporter’s remaining quota entitlement (of any kind) for the quota year:
                (a)    supplementary quota entitlement allocated under Part 4;
               (b)    first‑come first‑served quota entitlement allocated under Part 4.
6.4           Transfer of amounts of quota entitlement that prevents access to quota for 3 years
         (1)   An exporter is not eligible to be allocated a quota entitlement for 3 consecutive years if, in a quota year before that 3 year period:
                (a)    the exporter has transferred:
                          (i)    at least 50% of its standard quota entitlement for that quota year; and
                         (ii)    at least 50% of its supplementary entitlement for that quota year; or
               (b)    the exporter has transferred at least 50% of its reclaimed standard quota entitlement for that quota year.
         (2)   An exporter is not eligible to be allocated a quota entitlement for 3 years if, over the 2 consecutive years before that 3 year period, the exporter transferred an average of at least 33% of its standard quota entitlement.
Part 7                 Approvals
  
7.1           How to obtain approval for exports
         (1)   An eligible exporter must apply for a separate approval for each consignment to be exported.
         (2)   The application must include the following information for the consignment:
                (a)    the exporter’s name;
               (b)    the exporter’s export licence number;
                (c)    for the meat to be exported:
                          (i)    its type; and
                         (ii)    its AUS‑MEAT meat type cipher; and
                        (iii)    its AUS‑MEAT handbook cut number; and
                        (iv)    its shipped weight in kilograms; and
                         (v)    whether it is chilled or frozen; and
                        (vi)    if it is bone‑in, or a part of the consignment is bone‑in, its shipped weight in the approved form; and
                       (vii)    if it is boneless, or a part of the consignment is boneless, its shipped weight in the approved form; and
                      (viii)    the establishment number of the establishment that prepared the meat;
               (d)    the name of the importer;
                (e)    the name of the ship and the voyage, or the air freight carrier and flight number, to be used;
                (f)    the intended port of loading and the expected date of loading;
               (g)    the name of the final destination country;
               (h)    the intended port of discharge.
         (3)   An application for approval:
                (a)    must not be made to the Department before the exporter receives a notice under subsection 3.10 (2), or subsection 4.6 (2), about the exporter’s EU quota entitlement; and
               (b)    must be lodged with the Department’s QA Unit by 5 pm on 1 March 2013.
         (4)   The Secretary must give 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 shipped weight of quota meat exported by the exporter, plus the shipped weight of the consignment, is not greater than the exporter’s EU quota entitlement for 2012–2013.
7.2           Approval to export from unallocated quota entitlement
5 August 2012
         (1)   If an amount of unallocated quota entitlement is available on 5 August 2012, an exporter may apply in writing to the Secretary for approval to export a consignment of quota meat.
         (2)   Section 8.1 applies to an application under subsection (1).
         (3)   The Secretary must deal with applications on a first‑come first‑served basis.
         (4)   The Secretary must approve the export of a consignment if:
                (a)    an application is in accordance with this section; and
               (b)    the total shipped weight of quota meat that has been, or is to be, exported by all exporters, plus the shipped weight of the consignment, is not greater than the access amount.
         (5)   However:
                (a)    the approval does not take effect unless the fee prescribed by the Australian Meat and Live‑stock (Quotas) Regulations 2000 for the approval has been paid by the day required by the Secretary in the invoice for the fee; and
               (b)    if the fee is not paid by that day, the approval ceases to have effect on that day.
4 February 2013
         (6)   If an amount of unallocated EU quota entitlement is available on 4 February 2013, an exporter may apply in writing to the Secretary for approval to export a consignment of quota meat.
         (7)   Section 7.1 (other than paragraph 7.1 (3) (b)) applies to an application under subsection (6).
         (8)   The Secretary must deal with applications on a first‑come first‑served basis.
         (9)   The Secretary must approve the export of a consignment if:
                (a)    an application is in accordance with this section; and
               (b)    the application is accompanied by the fee prescribed by the Australian Meat and Live‑stock (Quotas) Regulations 2000 for the approval; and
                (c)    the total shipped weight of quota meat that has been, or is to be, exported by all exporters, plus the shipped weight of the consignment, is not greater than the access amount.
7.3           Approvals for exports unlikely to be accepted into EU
                An eligible exporter who is issued with an approval on or before 19 April 2013 must tell the QA Unit in writing before 20 May 2013 if it is likely that an export will not be accepted for entry into a member country of the EU before 30 June 2013.
7.4           Duration of approvals
         (1)   An approval to export quota meat (other than an approval given under section 7.2) ceases to have effect if the eligible exporter concerned does not receive a certificate for the consignment before the earlier of the following:
                (a)    30 June 2013;
               (b)    3 months after the approval is given.
         (2)   An approval given under section 7.2 ceases to have effect if:
                (a)    the exporter concerned does not receive a certificate for the consignment 4 weeks after the approval is given; or
               (b)    the consignment to which the approval applies is not accepted into a member country of the EU before the end of 30 June 2013.
Note 1   Under section 28 of the Act, the Secretary may cancel a quota or part of a quota in accordance with this order.
Note 2   Under section 30 of the Act, the exporter has a right of review by the Administrative Appeals Tribunal of the Secretary’s decision.
7.5           How to work out how much quota meat an exporter has exported
         (1)   Subject to subsections (2) to (6), an exporter is taken to have exported the shipped weight of quota meat shown in approvals given to the exporter under this Part.
Shipped weight less than approved weight
         (2)   If the shipped weight of quota meat in a consignment is less than the weight stated in the approval for the consignment, the exporter is not taken to have exported the difference between the weights if:
                (a)    the identifying number of the approval is shown on the consignment information; and
               (b)    the exporter gives that information to the Department’s QA Unit by 5 pm on 1 March 2013; and
                (c)    the difference between the weights is not more than 50 kg.
Shipped weight is less than certified weight
         (3)   If:
                (a)    the shipped weight of a consignment is less than the weight stated in the certificate for the consignment; and
               (b)    apart from this paragraph, the exporter would be taken to have exported the difference between the weights; and
                (c)    the exporter gives a copy of the certificate, annotated by the customs authority of the member country of the EU to which the consignment has been delivered to show the weight of meat exported, to the Department’s QA Unit by 5 pm on 1 March 2013;
the exporter is not taken to have exported the difference between the weights.
No export of consignment
         (4)   If the exporter:
                (a)    is given approval for a consignment, but does not export the consignment; and
               (b)    gives all copies of the certificate for the consignment to the Department’s QA Unit by 5 pm on 1 March 2013;
the exporter is not taken to have exported the weight of quota meat mentioned in the approval.
Approval ceases to have effect
         (5)   If an approval for a consignment ceases to have effect before 5 pm on 1 March 2013, the exporter is not taken to have exported the weight of quota meat mentioned in the approval.
If consignment refused entry to the EU
         (6)   If a consignment is refused entry to the EU, the exporter is not taken to have exported the consignment if the exporter returns all copies of the certificate for the consignment to the Department’s QA Unit by the earlier of:
                (a)    5 pm on 1 March 2013; and
               (b)    3 months after the day the consignment leaves Australia.
Part 8                 Certificates
  
8.1           How to obtain certificates—quota meat
         (1)   An exporter may obtain a certificate for a consignment for which the Secretary has given an approval by:
                (a)    lodging an entry for the consignment in EXDOC; or
               (b)    completing a certificate for the consignment in a form approved by the Secretary, and having the certificate endorsed by an authorised officer.
         (2)   An authorised officer who is given a certificate by an exporter for endorsement under paragraph (1) (b) must endorse the certificate if the exporter has:
                (a)    completed the certificate in a form approved by the Secretary; and
               (b)    been given approval to export the consignment.
8.2           How to obtain certificates—grain fed high quality beef
         (1)   An exporter may obtain a certificate for a consignment of grain fed high quality beef that is not to be exported to a member country of the EU in accordance with section 2.2 by:
                (a)    lodging an entry for the consignment in EXDOC; or
               (b)    completing a certificate for the consignment in a form approved by the Secretary, and having the certificate endorsed by an authorised officer.
         (2)   An authorised officer who is given a certificate by an exporter for endorsement under paragraph (1) (b) must endorse the certificate if the exporter has completed the certificate in a form approved by the Secretary.
8.3           Certificates obtained before 1 July 2012
                A certificate obtained before 1 July 2012, for a consignment that is to enter the EU on or after 1 July 2012, has no effect before 1 July 2012.
8.4           When certificate ceases to have effect
                A certificate ceases to have effect if the consignment to which it applies is not accepted for entry into a member country of the EU before 1 July 2013.
Part 9                 Miscellaneous
  
9.1           Where to send notices and documents
                If a provision of this order requires a person to give a document, lodge an application or provide information to the QA Unit, the document, application or information must be sent in 1 of the following ways:
                (a)    by post to:
                        Quota Administration & Statistics Unit
Department of Agriculture, Fisheries and Forestry
GPO Box 858
CANBERRA  ACT  2601;
               (b)    by email to:
                        quota.admin@daff.gov.au;
                (c)    by fax to:
                        02 6272 4585.
9.2           Approved forms and authorised officers
         (1)   The Secretary may, in writing, approve a form for the purposes of a provision of this order.
         (2)   The Secretary may authorise officers of the Department to be authorised officers for the purpose of exercising a power under paragraph 8.1 (1) (b) or 8.2 (1) (b).
9.3           Australian Meat and Live‑stock Industry (High Quality Beef Export to the European Union) Order 2011—repeal
         (1)   The Australian Meat and Live‑stock Industry (High Quality Beef Export to the European Union) Order 2011 is repealed.
         (2)   However, that order, as in force immediately before the commencement of this order, continues to apply to consignments of quota meat that are exported to the EU before the end of 30 June 2012 as if that order had not been repealed by this section.
9.4           Cessation of effect of order
                This order ceases to have effect at the end of 30 June 2013.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.comlaw.gov.au.