Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2001
as amended
made under section 17 of the
Australian Meat and Live-stock Industry Act 1997
This compilation was prepared on 15 January 2003
[Note: This Order ceased to have effect on 31 December 2002]
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Part 1 Preliminary
1 Name of Order 3
2 Commencement 3
3 Definitions 3
Part 2 Prohibition of certain exports
4 No export without approval and certificate 6
Part 3 EU quotas
5 What this Part does 7
6 How EU quota is obtained 7
7 How EU quota is worked out 7
8 Transfer of EU quotas 8
9 How much quota meat an exporter has exported 9
10 When unused quota lapses 9
Part 4 Approvals
11 How to get approval for exports 10
12 Approval to export from the uncommitted amount 10
13 Approvals for exports unlikely to be accepted into EU 11
14 Duration of approvals 11
Part 5 Certificates
15 How to obtain certificates 12
16 Certificates applied for before 31 December 2001 12
17 When certificates lapse 12
Part 6 Performance
18 What counts as performance 13
19 Transfer of performance 13
20 Errors in recording performance 13
Part 7 Miscellaneous
21 Where to send notices and documents 15
22 Repeal and transitional 15
23 Cessation 15
Part 1 Preliminary
1 Name of Order
This Order is the Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2001.
2 Commencement
This Order commences on gazettal.
3 Definitions
In this Order:
access amount, for a year, means the total carcase equivalent weight of quota meat that may, under the law of the EU, be exported from Australia to the EU during the year.
Act means the Australian Meat and Live-stock Industry Act 1997.
AFFA means the Department.
Note The Department means the Department of Agriculture, Fisheries and Forestry (also called Agriculture, Fisheries and Forestry Australia) — see section 19A of the Acts Interpretation Act 1901 and the Administrative Arrangements Order made on 21 October 1998 and published in the Gazette on 22 October 1998.
AFFA’s QA Unit means the section of AFFA known as the Quota Administration and Statistics Unit.
Note The address of AFFA’s QA Unit is given in section 21.
approval means an approval for an export issued under Part 4.
AQIS means the operating group of AFFA known as the Australian Quarantine and Inspection Service.
AUS-MEAT means AUS-MEAT Limited (ACN 082 528 881).
carcase equivalent weight, for meat, means:
(a) for bone-in meat — its weight; or
(b) for boneless mutton — its weight divided by 0.55; or
(c) for boneless goatmeat — its weight divided by 0.55; or
(d) for boneless lamb — its weight divided by 0.6.
certificate means the Document of Origin required by the EU for sheepmeat or goatmeat exported to the EU.
Note Part 5 provides for the issue of certificates.
consignment means a quantity of meat exported by an exporter on 1 ship or aircraft to 1 consignee.
consignment information for a consignment means:
(a) if the information required by section 3 of the Australian Meat and Live-stock Corporation Order No. M67/94, Provision of Information, to be given to AQIS or AFFA about an export is given to AQIS in accordance with paragraph 3 (b) of that Order — the information so given; or
(b) if the information is given to AFFA by means of a Form 4, 9 or 10 under that Order — the information in the form.
eligible exporter means an exporter to which an EU quota is allocated, or to which all or part of an EU quota is transferred.
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-accredited goatmeat establishment means an establishment that is accredited by AQIS to produce goatmeat for export to the EU.
EU-accredited sheepmeat establishment means an establishment that is accredited by AQIS to produce sheepmeat for export to the EU.
EU quota means the quantity of quota meat that an eligible exporter is entitled to export to the EU.
EXDOC means the electronic documentation system maintained by AQIS.
exporter means the holder of a meat export licence allowing the holder to export sheepmeat or goatmeat to the EU.
meat does not include edible offal.
performance, for an exporter, means the recorded carcase equivalent weight of the meat exported by the exporter.
Performance Account D, for an exporter, means the recorded carcase equivalent weight of exports, by the exporter through an EU accredited sheepmeat or goatmeat establishment, of sheepmeat and goatmeat to the EU under an EU quota.
Performance Account I, for an exporter, means the recorded carcase equivalent weight of exports by the exporter to all destinations, except those exports of sheepmeat and goatmeat to the EU under an EU quota, of:
(a) sheepmeat slaughtered, boned or packed in an EU‑accredited sheepmeat establishment; and
(b) goatmeat slaughtered, boned or packed in an EU‑accredited goatmeat establishment.
Note AFFA keeps accounts for each exporter, called Performance Account D and Performance Account I, to record the exporter’s performance.
quota meat means fresh, chilled or frozen mutton, lamb or goatmeat, but does not include:
(a) edible offal; or
(b) canned or processed meat; or
(c) product for ships’ stores; or
(d) a product for which a certificate is not required by the EU.
shipped weight, for quota meat, means the actual weight of the meat (whether it is bone-in or boneless).
Part 2 Prohibition of certain exports
4 No export without approval and certificate
An eligible exporter may export quota meat to a member country of the EU only if AFFA has issued an approval and a certificate for the export.
Part 3 EU quotas
5 What this Part does
This Part sets out how an EU quota is obtained and how to work out an exporter’s EU quota that will have effect for the calendar year 2002.
6 How EU quota is obtained
(1) The Secretary may invite exporters to apply for an EU quota for 2002.
Note AFFA intends to give exporters a notice, called a notice of limitation, that advises the amount of quota meat that may be exported to the EU during 2002 and, in that notice, may seek applications from exporters for the allocation of quota within this amount — see the Australian Meat and Live‑stock (Quotas) Act 1990, section 5.
(2) An exporter may apply to the Secretary for an EU quota.
(3) The Secretary may grant a quota.
Note 1 AFFA intends to give an eligible exporter a notice, called a quota document, about its quota — see the Australian Meat and Live-stock (Quotas) Act 1990, section 6. It is intended that the quota document will state the amount of quota meat that may be exported to the EU by the eligible exporter during 2002. It is also intended that the quota document will identify any conditions of the grant of quota.
Note 2 The Secretary may at any time vary any or all of the following:
(a) the period of effect of a quota;
(b) the quantity or description of goods covered by a quota;
(c) the condition or conditions of a quota.
See the Act, section 28.
Note 3 Decisions by the Secretary about a quota are reviewable by the Administrative Appeals Tribunal — see the Act, section 30.
(4) An exporter may also get quota from another exporter who is an eligible exporter.
7 How EU quota is worked out
(1) An exporter’s EU quota for 2002 is the sum of the following amounts:
(a)
(b)
where:
AA is:
(a) the access amount; or
(b) if, when the quota is being worked out, the EU has not published the EU quota for the relevant year — the amount determined by AFFA under subsection (4).
ED is the recorded carcase equivalent weight of exports for 2001, by the eligible exporter through an EU-accredited sheepmeat or goatmeat establishment, of sheepmeat and goatmeat to the EU under an EU quota.
EPAD is the exporter’s Performance Account D for 2001.
EPAI is the exporter’s Performance Account I for 2001.
TD is the recorded carcase equivalent weight of exports for 2001, by all eligible exporters through EU-accredited sheepmeat or goatmeat establishments, of sheepmeat and goatmeat to the EU under an EU quota.
TPAD is the total of all exporters’ Performance Accounts D for 2001.
TPAI is the total of all exporters’ Performance Accounts I for 2001.
(2) If the amount worked out for an exporter under paragraph (1) (a) or (b) is less than 12 tonnes, that quantity is disregarded.
(3) When an exporter’s EU quota is worked out under subsection (1) and the fee prescribed by the Australian Meat and Live-stock (Quotas) Regulations 2000 for allocation of the quota has been paid, the Secretary must credit the exporter’s quota account with the amount of the EU quota.
(4) If, when quotas are being worked out for a year, the EU has not published the access amount for the year, AFFA may determine an amount to be the access amount for the year based on the access amount for the previous year and AFFA’s estimate of the amount of quota meat likely to be permitted entry to the EU during the year.
8 Transfer of EU quotas
(1) An exporter may transfer all or part of its EU quota to another exporter in accordance with this section.
(2) If an eligible exporter (transferor) wishes to transfer all or part of its EU quota to another exporter (transferee), it must tell AFFA’s QA Unit in writing:
(a) the name of the transferor; and
(b) the name of the transferee; and
(c) the carcase equivalent weight, in kilograms, of EU quota to be transferred.
9 How much quota meat an exporter has exported
(1) An exporter is taken to have exported the quantity of quota meat shown in approvals given to the exporter under Part 4.
(2) However:
(a) if the quantity of quota meat actually in an export is less than the quantity stated in the approval for the export, the exporter is not taken to have exported the difference if:
(i) the identifying number of the approval is shown on the consignment information; and
(ii) the exporter gives that information to AFFA’s QA Unit by 5 pm on 27 September 2002; and
(iii) the weight difference between the actual quantity of the export and the quantity stated in the certificate for the export is no more than 50 kilograms; and
(b) if:
(i) the quantity of quota meat actually in an export is less than the quantity stated in the certificate for the export; and
(ii) but for this subsection, the exporter would be taken to have exported the difference;
the exporter is not taken to have exported the difference if the exporter gives a copy of the certificate, annotated by the relevant EU authority to show the actual quantity of meat exported, to AFFA’s QA Unit by 5 pm on 27 September 2002; and
(c) if an exporter is granted approval for an export but does not make the export, the exporter is not taken to have exported the quantity of quota meat mentioned in the approval if the exporter gives all the copies of the relevant certificate to AFFA’s QA Unit by 5 pm on 27 September 2002; and
(d) if an approval lapses before 5 pm on 27 September 2002 and before any export takes place under it, the exporter is not taken to have exported the quantity of quota meat mentioned in the approval; and
(e) if an export is refused entry to the EU, the exporter is not taken to have made the export if the exporter returns all the copies of the relevant certificate to AFFA’s QA Unit by the earlier of:
(i) 5 pm on 27 September 2002; or
(ii) 3 months after the day the export leaves Australia.
10 When unused quota lapses
If an eligible exporter is not given approval to export all the quota meat permitted by its quota by 5 pm on 28 September 2002, the unused quota lapses at the end of that period.
Note The unused quota becomes ‘uncommitted’, and an eligible exporter can apply for approval to export against it — see subsection 12 (2).
Part 4 Approvals
11 How to get approval for exports
(1) An exporter must obtain a separate approval for each consignment to be exported.
(2) An application must set out the following information for the consignment:
(a) the applicant’s name;
(b) the identification number;
(c) for the meat to be exported:
(i) its type; and
(ii) its AUS-MEAT meat type cipher and its AUS‑MEAT handbook cut number, both contained in the AUS-MEAT RFP Cut Code Reference Booklet – 1999, published by AUS-MEAT Limited (ACN 082 528 881), as amended at the commencement of this Order; and
(iii) whether it is chilled or frozen; and
(iv) whether it is bone-in or boneless, and the quantity of it in each form; and
(v) the establishment number of the establishment that prepared it;
(d) the name of the importer;
(e) the shipped weight (in kilograms);
(f) the carcase equivalent weight (in kilograms);
(g) the name of the ship and the voyage, or the air freight carrier and flight number, to be used;
(h) the intended port of loading and the expected date of loading;
(i) the name of the final destination country;
(j) the intended port of discharge;
(k) the AFFA regional office at which the AQIS notice of intention to export is to be lodged;
(l) the AFFA regional office at which the AQIS health certificate is to be taken out.
(3) An application for approval:
(a) must not be made to AFFA before the exporter receives a quota notice about its EU quota; and
(b) must be made to AFFA’s QA Unit by 5 pm on 27 September 2002.
12 Approval to export from the uncommitted amount
(1) An eligible exporter may apply for approval to export further quota meat up to the access amount if, on 30 September 2002:
(a) an amount of quota has lapsed under section 10; and
(b) the total of all exports approved under this Part is less than the access amount, on or after that day.
(2) Section 11 (except subsection 11 (3)) applies to an application under this section.
13 Approvals for exports unlikely to be accepted into EU
An eligible exporter that is issued with an approval on or before 30 September 2002 must tell AFFA’s QA Unit in writing before 1 November 2002 if it is likely that an export will not be accepted for entry into a member country of the EU before 1 January 2003.
14 Duration of approvals
(1) An approval (other than an approval granted after application under subsection 12 (1)) lapses if the exporter to which it is given does not obtain a certificate for the proposed export before the earlier of:
(a) 27 September 2002; or
(b) 3 months after the issue of the approval.
(2) An approval given after application under subsection 12 (1) lapses if the exporter to which it is given does not obtain a certificate for the proposed export within 4 weeks after the issue of the approval.
(3) An approval under subsection 12 (1) lapses at the end of 31 December 2001 if the approved export is not accepted into a member country of the EU on or before that day.
Part 5 Certificates
15 How to obtain certificates
(1) An eligible exporter may apply for a certificate for a proposed export for which AFFA has issued an approval.
(2) The application must be made to AFFA’s QA Unit.
(3) The application must include:
(a) an appropriate entry in the EXDOC system; or
(b) the original and 3 copies of a completed certificate for the export in the form required by AFFA, and copies of the health certificate or certificates issued by AQIS for the proposed export.
16 Certificates applied for before 31 December 2001
If an eligible exporter applies, on or before 31 December 2001, for a certificate for an export that is proposed to enter the EU after 1 January 2002, the exporter is not entitled to receive the certificate until 1 January 2002.
17 When certificates lapse
A certificate lapses if the meat to which it applies is not accepted for entry into a member of the EU before 1 January 2003.
Part 6 Performance
18 What counts as performance
(1) For performance recording, an exporter’s performance includes only:
(a) recorded exports by it during the period from 1 November 2000 to 31 October 2001 (inclusive); and
(b) performance transferred to it under section 19.
(2) However, an exporter’s performance does not include:
(a) an export of meat that has been authorised as a gift pack; or
(b) an export without approval of meat for which approval was required; or
(c) an export of meat for which the exporter does not lodge consignment information with AFFA’s QA Unit:
(i) within the time limit for doing so allowed by the Australian Meat and Live-stock Corporation Order No. M67/94, Provision of Information; or
(ii) before 5 pm on 8 November 2002.
Note AFFA keeps an account for each exporter showing the recorded exports by the exporter to all destinations from EU-accredited establishments, except those exports of sheepmeat and goatmeat under an EU quota. The account is called Performance Account I. AFFA relies on consignment information to make entries in these accounts.
19 Transfer of performance
(1) An exporter (the transferor) may transfer all or part of its performance under Performance Account I to another exporter (the transferee) in accordance with this section.
(2) The transferor must, before 5 pm on 8 November 2002, give to AFFA’s QA Unit, in writing or electronically, a notice setting out:
(a) the transferor’s name; and
(b) the transferee’s name; and
(c) the kind of performance to be transferred; and
(d) the carcase equivalent weight, in kilograms, of performance to be transferred.
(3) A transfer under this section takes effect when AFFA’s QA Unit receives a notice under subsection (2) for the transfer.
20 Errors in recording performance
(1) If an exporter thinks that an account statement sent to it by AFFA about the exporter’s performance contains an error, the exporter must tell AFFA’s QA Unit in writing about it within 30 days after receiving the statement.
(2) A notice of a possible error that is not given to AFFA’s QA Unit within the time allowed by subsection (1) is of no effect.
Part 7 Miscellaneous
21 Where to send notices and documents
(1) The address of AFFA’s QA Unit is:
Quota Administration & Statistics Unit
Agriculture, Fisheries and Forestry Australia
GPO Box 858
CANBERRA ACT 2601
Facsimile: 02 6272 4585.
(2) If a provision of this Order requires a document, notice or information to be lodged with or given to AFFA’s QA Unit, giving the document or notice to AQIS does not satisfy the requirement.
22 Repeal and transitional
(1) The following Order is repealed:
· Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2000
(2) However, the Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2000 continues to apply to consignments of quota meat that are exported to the European Union before the end of 31 December 2001 as if that Order had not been repealed by this section.
23 Cessation
This Order ceases to have effect at the end of 31 December 2002.
