Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2010

Link to law: https://www.comlaw.gov.au/Details/F2010L00859

Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 20101
Australian Meat and Live-stock Industry Act 1997
I, SIMON MURNANE, a delegate of the Secretary of the Department of Agriculture, Fisheries and Forestry, make this Order under section 17 of the Australian Meat and Live-stock Industry Act 1997.
Dated 8 April 2010
SIMON MURNANE
Department of Agriculture, Fisheries and Forestry
Contents
Part 1                    Preliminary
                        1     Name of Order                                                                                     3
                        2     Commencement                                                                                  3
                        3     Definitions                                                                                           3
                        4     Interpretation — time                                                                           4
Part 2                    Prohibition of exports
                        5     No export without approval and certificate — quota meat                         5
                        6     No export without certificate — grain fed high quality beef                       5
Part 3                    EU quota entitlement
Division 1                Overview of Part
                        7     What this Part does                                                                             6
Division 2                Allocation of EU quota entitlement
                        8     Standard EU quota entitlement                                                             6
                        9     Amount of non‑standard EU quota entitlement to be allocated                 7
                       10     Non‑standard EU quota entitlement                                                       7
Division 3                Cessation and transfer of EU quota entitlement
                       11     When unused EU quota entitlement ceases to have effect                       8
                       12     Transfer of standard EU quota entitlement                                              9
Part 4                    Approvals
                       13     Definitions                                                                                         10
                       14     How to obtain approval for exports                                                       10
                       15     Approval to export from unused quota                                                  11
                       16     Duration of approvals                                                                          11
                       17     How to work out how much quota meat an exporter has exported           12
Part 5                    Certificates
                       18     How to obtain certificates  — quota meat                                             14
                       19     How to obtain certificates  — grain fed high quality beef                        14
                       20     Certificates obtained before 1 July 2010                                               14
                       21     When certificate ceases to have effect                                                 14
Part 6                    Miscellaneous
                       22     Where to send notices and documents                                                15
                       23     Approved forms and authorised officers                                                15
                       24     Australian Meat and Live‑stock Industry (High Quality Beef Export to the European Union) Order 2009 — repeal                                                                                   15
                       25     Cessation of effect of Order                                                                 15
 
Part 1                 Preliminary
  
1              Name of Order
                This Order is the Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2010.
2              Commencement
                This Order commences on the day after it is registered.
3              Definitions
                In this Order:
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.
access amount, for 2010–2011, 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 4 to export a consignment of quota meat.
approved form means a form approved by the Secretary under section 23 for the provision in which the expression is used.
AQIS means the Australian Quarantine and Inspection Service.
AUS‑MEAT means AUS‑MEAT Limited (ACN 082 528 881).
authorised officer means an officer of the Department authorised by the Secretary under subsection 23 (2).
certificate means a certificate under Part 5 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.
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 that is allocated EU quota entitlement under Part 3, or receives EU quota entitlement by transfer under section 12.
establishment means premises that:
                (a)    are under the full‑time inspection and supervision of AQIS; and
               (b)    are registered under the Export Control Act 1982; and
                (c)    have been accredited by AUS‑MEAT and AQIS for the export of meat to the EU.
EU means the European Union.
EU quota entitlement, for an eligible exporter, means the total, after taking into account any transfers under section 12, of the exporter’s:
                (a)    standard EU quota entitlement; and
               (b)    non‑standard EU quota entitlement.
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 of the European Union.
EXDOC means the electronic documentation system maintained by AQIS.
exporter means the holder of a meat export licence allowing the holder to export high quality beef to the EU.
grain fed high quality beef means meat that meets the description in Annex 1 to Commission Regulation (EC) No 620/2009 of the European Union.
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.
non‑standard EU quota entitlement means EU quota entitlement allocated under section 10.
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 22.
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 the EXDOC system.
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 EU quota entitlement means EU quota entitlement that is allocated to an exporter under section 8.
4              Interpretation — 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
  
5              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 EU quota entitlement under Part 3; and
               (b)    the export of the consignment is covered by a current approval under Part 4; and
                (c)    the exporter has obtained a certificate under Part 5 for the consignment.
         (2)   On and after 7 March 2011, a consignment of quota meat may 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 4; and
               (b)    the exporter has obtained a certificate under Part 5 for the consignment.
6              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 subsection 5 (1) or (2).
         (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 Part 5 for the consignment.
Part 3                 EU quota entitlement
Division 1              Overview of Part
7              What this Part does
                This Part sets out how EU quota entitlement is allocated and how an exporter’s EU quota entitlement for 2010–2011 is calculated.
Note 1   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.
Note 2   An exporter may also obtain EU quota entitlement by transfer from another eligible exporter under section 12.
Division 2              Allocation of EU quota entitlement
8              Standard EU quota entitlement
         (1)   This section sets out how the Secretary allocates to an exporter standard EU quota entitlement.
         (2)   The exporter must, before the end of 30 April 2010, apply in writing to the QA Unit in a form approved by the Secretary.
         (3)   The Secretary must allocate to the exporter, as the exporter’s standard EU quota entitlement for 2010–2011, an amount determined using the following formula:
where:
AA means the access amount.
ERS means the exporter’s recorded shipments of high quality beef to the EU for 2009–2010.
TRS means the total of all exporters’ recorded shipments of high quality beef to the EU for 2009–2010.
         (4)   However, if the amount worked out for an exporter under subsection (3) is less than 1 tonne, the amount to be allocated is nil.
         (5)   If the Secretary allocates standard EU quota entitlement to an exporter under this section, 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.
9              Amount of non‑standard EU quota entitlement to be allocated
                The Secretary may allocate no more than a total of 500 tonnes of non‑standard EU quota entitlements.
10            Non‑standard EU quota entitlement
         (1)   This section sets out how the Secretary allocates to an exporter non‑standard EU quota entitlement.
         (2)   The exporter must, before the end of 30 April 2010, apply in writing to the QA Unit in a form approved by the Secretary.
         (3)   An exporter is not eligible for an allocation if:
                (a)    the exporter has received standard EU quota entitlement in any of the last 5 quota years, or during 2010–2011, of 150 tonnes or more; or
               (b)    the exporter:
                          (i)    was allocated standard or non‑standard EU quota entitlement on or after 1 July 2002; and
                         (ii)    being a body corporate, was a related entity of an eligible exporter (that was also a body corporate) at the time of the allocation.
         (4)   For paragraph (3) (b), 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.
         (5)   The entitlement for exporters is worked out using the following steps.
                        Step 1.   Divide the total non‑standard EU quota entitlement by the number of applicants, giving the provisional entitlement.
                        Step 2.   Determine whether distributing the amount of provisional entitlement to each applicant would lead to any applicant being approved to export:
                         (a)    an amount greater than the applicant applied for; or
                         (b)    more than 150 tonnes;
(that is, being an excess‑quota applicant).
                        Step 3.   If, after Step 2, there are no excess‑quota applicants, each applicant receives an entitlement that is equal to the provisional amount. The total of the provisional amounts is subtracted from the total amount of non‑standard EU quota entitlement.
                        Step 4.   If, after Step 2, there are 1 or more excess‑quota applicants:
                         (a)    each excess‑quota applicant receives an entitlement that is the lesser of the following:
                                     (i)     the amount applied for;
                                    (ii)     150 tonnes; and
                         (b)    the total of the amounts mentioned in paragraph (a) is taken to be subtracted from the total amount of non‑standard EU quota entitlement.
                        Step 5.   If an amount of entitlement is remaining after Step 4 and there is a particular applicant or applicants whose provisional allocation is less than the amount applied for, divide the amount of entitlement equally between those particular applicants.
                        Step 6.   However, after applying Step 5 and this Step, each applicant must only receive an amount that is the lesser of the following:
                         (a)    the amount applied for;
                         (b)    150 tonnes.
                        Step 7.   A number worked out under these Steps is to be rounded up to the nearest whole number. If, in rounding a number, the rounded number results in an amount that is greater than the total amount of non‑standard EU quota entitlement the number is to be rounded down.
                        Step 8.   Any non‑standard EU quota entitlement not allocated under these Steps is allocated to eligible exporters to whom more than 150 tonnes of standard EU quota entitlement are allocated in 2010–2011, in proportion to that allocation.
         (6)   The Secretary must:
                (a)    allocate to an exporter the amount of non‑standard EU quota for which the exporter is eligible; and
               (b)    give the exporter a written notice that states the shipped weight of quota meat that the exporter is entitled to export under the non‑standard EU quota entitlement.
Division 3              Cessation and transfer of EU quota entitlement
11            When unused EU quota entitlement ceases to have effect
         (1)   If all, or a part, of an eligible exporter’s quota entitlement has not been approved for export by 5 pm on 4 March 2011, the quota entitlement (or the part of the quota entitlement) ceases to have effect for the exporter.
         (2)   The Secretary must cancel the eligible exporter’s quota entitlement (or that part of the quota entitlement) that ceases to have effect under subsection (1).
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.
Note 3   Any exporter may apply for approval to export against EU quota entitlement that has ceased to have effect under this section — see section 15.
12            Transfer of standard EU quota entitlement
         (1)   An eligible exporter (transferor) may transfer all or part of the exporter’s standard EU quota entitlement to another exporter (transferee) if, before completing the transfer, the transferor tells the Department’s QA Unit in writing:
                (a)    the name of the transferor; and
               (b)    the name of the transferee; and
                (c)    the shipped weight, in kilograms, of EU quota entitlement to be transferred.
         (2)   Non‑standard EU quota entitlement, or EU quota entitlement that has ceased to have effect under section 11, is not transferable.
Part 4                 Approvals
  
13            Definitions
                In this Part:
AUS‑MEAT handbook cut number, for a cut of meat, means the number for that cut of meat set out in the AUS‑MEAT RFP Cut Code Reference Booklet – 1999, published by AUS‑MEAT, as in force at the commencement of this Order.
AUS‑MEAT meat type cipher, for a type of meat, means the cipher for that type of meat set out in the AUS‑MEAT RFP Cut Code Reference Booklet – 1999, published by AUS‑MEAT, as in force at the commencement of this Order.
14            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 paragraph 10 (6) (b), or subsection 8 (5), about the exporter’s EU quota entitlement; and
               (b)    must be lodged with the Department’s QA Unit by 5 pm on 4 March 2011.
         (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 2010–2011.
15            Approval to export from unused quota
         (1)   An exporter may, on or after 7 March 2011, apply in writing to the Secretary for approval to export a consignment of quota meat.
         (2)   Section 14 (except paragraph 14 (3) (b)) applies to an application under this section.
         (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.
16            Duration of approvals
         (1)   An approval to export quota meat (other than an approval given under subsection 15 (4)) 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 2011;
               (b)    3 months after the approval is given.
         (2)   An approval given under subsection 15 (4) 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 2011.
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.
17            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 4 March 2011; 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 4 March 2011;
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 4 March 2011;
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 4 March 2011, 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 the following:
                (a)    5 pm on 4 March 2011;
               (b)    3 months after the day the consignment leaves Australia.
Part 5                 Certificates
  
18            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 the EXDOC system; 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.
19            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 subsection 5 (1) or (2) by:
                (a)    lodging an entry for the consignment in the EXDOC system; 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.
20            Certificates obtained before 1 July 2010
                A certificate obtained before 1 July 2010, for a consignment that is to enter the EU on or after 1 July 2010, has no effect until 1 July 2010.
21            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 2011.
Part 6                 Miscellaneous
  
22            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.
23            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 18 (1) (b) or 19 (1) (b).
24            Australian Meat and Live‑stock Industry (High Quality Beef Export to the European Union) Order 2009 — repeal
         (1)   The Australian Meat and Live‑stock Industry (High Quality Beef Export to the European Union) Order 2009 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 2010 as if that Order had not been repealed by this section.
25            Cessation of effect of Order
                This Order ceases to have effect at the end of 30 June 2011.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
 
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