Australian Meat and Live-stock Industry (Beef Export to the United States of America Quota Year 2004) Order 2003 (Cth)
Australian Meat and Live-stock Industry (Beef Export to the United States of America — Quota Year 2004) Order 2003
as amended
made under section 17 of the
Australian Meat and Live-stock Industry Act 1997
This compilation was prepared on 2 February 2004
taking into account amendments up to Australian Meat and Live-stock Industry (Beef Export to the United States of America — Quota Year 2004) Amendment Order 2003 (No. 1)
[Note: This Order ceases to have effect at the end of 31 December 2004 unless earlier revoked, see section 18]
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
Part 1Preliminary
1Name of Order 3
2Commencement 3
3Definitions 3
Part 2Prohibition of certain exports
4No export of quota meat without approval and US beef certificate 6
Part 3US beef quota
5What this Part does 7
6How US beef quota is obtained 7
7How US beef quota is worked out 7
8Transfer of US beef quota 9
9When unused US beef quota lapses 9
Part 4Approvals
10How to get approval for exports 10
11Approval to export from the uncommitted amount 11
12Duration of approvals 11
13How much quota meat an exporter has exported 11
Part 5US beef certificates
14How to obtain a US beef certificate 13
15Grant of US quota certificate 13
16When a US beef certificate lapses 13
Part 6Miscellaneous
17Where to send notices and documents 14
18Cessation 14
Notes 15
Part 1 Preliminary
Name of Order [see Note 1]
This Order is the Australian Meat and Live-stock Industry (Beef Export to the United States of America — Quota Year 2004) Order 2003.
Commencement [see Note 1]
This Order commences on gazettal.
Definitions
In this Order:
access amount, of quota meat, means the amount, in kilograms, of quota meat that may be exported from Australia to the USA in quota year 2004.
Note The access amount is the amount of quota meat that the USA will allow to be imported from Australia in 2004 at a tariff of 4.4 cents per kilogram. For 2004, the amount is 378,214,000 kilograms shipped weight of quota meat. For imports of quota meat over the access amount, or not accompanied by a US beef certificate (see Part 5), the tariff rate in 2004 is 26.4%. See Proclamation 6763 of March 23, 1995 (USA) (60FR 15230).
Act means the Australian Meat and Live-stock Industry Act 1997.
approval means an approval to export a consignment of quota meat under Part 4.
AQIS means the Australian Quarantine and Inspection Service.
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 RFP Cut Code Reference Booklet — 1999, published by AUS-MEAT, as amended and 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 amended and in force at the commencement of this Order.
beef means meat derived from cattle.
beef product means selected cuts of fresh, chilled or frozen beef as included in the Harmonised Tariff Schedule of the United States of America, subheadings 0201.10.10, 0201.20.10, 0201.20.30, 0201.20.50, 0201.30.10, 0201.30.30, 0201.30.50, 0202.10.10, 0202.20.10, 0202.20.30, 0202.20.50, 0202.30.10, 0202.30.30, and 0202.30.50.
consignment means a single shipment of quota meat (by sea or air) by an exporter to a single consignee.
consignment information for a consignment means:
(a) if the information required to be given to AQIS or the Department about the consignment by section 3 of Order No. M67/94 is given to AQIS under paragraph 3 (b) of that Order — that information; or
(b) if the information is given to the Department in a document in accordance with Form 4, 9 or 10 under that Order — that information.
Department means the Australian Government Department of Agriculture, Fisheries and Forestry — 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.
eligible exporter means an exporter to which a US beef quota is allocated under the Quotas Act, or to which US beef quota is transferred.
establishment means a meat processing premise that:
(a) is under the full-time inspection and supervision of AQIS; and
(b) is registered under the Export Control Act 1982; and
(c) has been accredited by AUS-MEAT and AQIS for the export of meat to the USA.
EXDOC means the electronic documentation system maintained by AQIS.
exporter means the holder of a meat export licence issued under section 10 of the Act allowing the holder to export a beef product to the USA.
Harmonised tariff Schedule of the United States of America means the Harmonised tariff Schedule enacted under Chapter 18 of Title 19 in the US Code, as in force at the commencement of this Order.
Order No. M67/94 means the Order so numbered made on 10 February 1994 under section 16H of the Australian Meat and Live-stock Corporation Act 1997, and continued in effect by item 5 of Schedule 5 to the Australian Meat and Live-stock Industry (Repeals and Consequential Provisions) Act 1997.
processed, in relation to meat, means meat that has been:
(a) ground or comminuted; or
(b) diced or cut into sizes for stew meat or similar uses; or
(c) rolled or skewered; or
(d) especially processed into fancy cuts, special shapes, or otherwise made ready for particular uses by the retail consumer.
QA Unit means the section of the Department known as the Quota Administration and Statistics Unit.
Note The address of the Department’s QA Unit is given in section 17.
quota meat means a beef product other than:
(a) edible offal; or
(b) canned or processed meat; or
(c) product for ships’ stores; or
(d) a shipment that is not entered into the USA within the tariff-rate quota (within the meaning of Proclamation 6763 of March 23, 1995 (USA) (60FR 15230)), and attracts a tariff at the rate of 26.4% ad valorem.
Quotas Act, means the Australian Meat and Live-stock (Quotas) Act 1990.
quota year 2004 means the year beginning on 1 January 2004.
shipped equivalent weight:
(a) for beef or a beef product (other than bone-in beef), canned beef or processed beef) — means the actual weight of the product when it is loaded for shipment; and
(b) for bone-in beef — means two thirds of the actual weight of the product when it is loaded for shipment (including bones); and
(c) for canned beef or processed beef — means the percentage of the actual weight of the product when it is loaded for shipment, being the percentage stated in the exporter’s application for approval as the percentage of the product that is beef.
shipped weight for beef or a beef product — means the actual weight of the product when it is loaded for shipment (includes bones if they have not been removed).
shipping year 2001 means the period of 12 months beginning on 1 November 2000.
shipping year 2002 means the period of 12 months beginning on 1 November 2001.
shipping year 2003 means the period of 12 months beginning on 1 November 2002.
USA means the Customs Territory of the United States of America including the States, the District of Colombia and Puerto Rico.
US beef certificate means a certificate issued under section 15.
Note Part 5 provides for the issue of US beef certificates. Certificates are required by the USA to prove the authenticity of each consignment of beef exported to the USA within the quota.
US beef quota means the amount of quota meat that an eligible exporter is entitled to export to the USA in quota year 2004.
Part 2 Prohibition of certain exports
No export of quota meat without approval and US beef certificate
On and after 1 January 2004, an eligible exporter may export quota meat to the USA only if the Department has given an approval and issued a US beef certificate for the export.
Note 1 The importation of quota meat into the USA in 2004 will attract a tariff of 4.4 cents per kilogram. See Proclamation 6763 of March 23, 1995 (USA) (60FR 15230).
Note 2 An eligible exporter may export a beef product, other than quota meat, to the USA without an approval or a US beef certificate. The import of that product into the USA will attract a tariff at the rate of 26.4% in 2004. See Proclamation 6763 of March 23, 1995 (USA) (60FR 15230).
Note 3 An exporter that is not an eligible exporter may export a beef product to the USA without an approval or a US beef certificate. The import of that product into the USA will attract a tariff at the rate of 26.4% in 2004. See Proclamation 6763 of March 23, 1995 (USA) (60FR 15230).
Note 4 An exporter may export meat of a kind specified in a limitation notice issued under subsection 5 (1) of the Quotas Act to a country specified in the notice only if the exporter has been granted a quota — see subsection 5 (1) of that Act.
Part 3 US beef quota
What this Part does
This Part sets out how a US beef quota is obtained and how to work out an exporter’s US beef quota for quota year 2004.
How US beef quota is obtained
(1) The Secretary may invite exporters to apply for US beef quota for quota year 2004.
Note The Department intends to give exporters a notice (a quota notice) stating the amount of quota meat that may be exported to the USA in 2004 and, in that notice, may seek applications from exporters for the allocation of quota within this amount — see section 5 of the Australian Meat and Live‑stock (Quotas) Act 1990.
(2) An application for US beef quota must be made in writing to the Department’s QA Unit in a form approved by the Secretary.
(3) The Secretary may allocate US beef quota in accordance with section 7.
(4) An exporter may also receive US beef quota by transfer under section 8.
How US beef quota is worked out
(1) If an exporter applies, in accordance with subsection 6(2), for US beef quota, the Secretary must allocate to the exporter, as the exporter’s US beef quota for quota year 2004, an amount determined by the Secretary in accordance with subsection (3).
Note The US beef quota is allocated by the Secretary under section 6 of the Quotas Act.
(2) If the Secretary allocates US beef quota to an exporter under section 6, the Secretary must give to the exporter a notice stating the shipped weight of quota meat that the exporter is entitled to export under the quota.
Note 1 The Department intends to give an eligible exporter a notice, (a quota document) about its quota — see section 6 of the Quotas Act. It is intended that the quota document will state the shipped weight of quota meat that the eligible exporter may export to the USA in quota year 2004. It is also intended that the quota document will identify any conditions of the grant of quota.
Note 2 The Department maintains an account (a quota account) for each eligible exporter. An eligible exporter’s quota is recorded in its quota account and exports by the exporter are recorded in the account as debits.
Note 3 The Secretary may at any time vary any of the following:
(a) the period of effect of a quota;
(b) the shipped weight or description of goods covered by a quota;
(c) any condition applying to a quota.
See section 28 of the Act.
Note 4 Certain decisions by the Secretary about a quota are reviewable by the Administrative Appeals Tribunal — see section 30 of the Act.
(3) An eligible exporter’s US beef quota for 2004 is the sum of the following:
(a)
(b)
(4) For subsection (3):
AA is the access amount.
EY01 is the recorded shipped weight of quota meat to the USA by the exporter for shipping year 2001.
EY02 is the recorded shipped weight of quota meat to the USA by the exporter for shipping year 2002.
EY03 is the recorded shipped weight of quota meat to the USA by the exporter for shipping year 2003.
EZ01 is the recorded shipped equivalent weight of exports to all destinations (including the USA) by the exporter for shipping year 2001.
EZ02 is the recorded shipped equivalent weight of exports to all destinations (including the USA) by the exporter for shipping year 2002.
EZ03 is the recorded shipped equivalent weight of exports to all destinations (including the USA) by the exporter for shipping year 2003.
TY01 is the recorded shipped weight of exports of quota meat to the USA by all exporters for shipping year 2001.
TY02 is the recorded shipped weight of exports of quota meat to the USA by all exporters for shipping year 2002.
TY03 is the recorded shipped weight of exports of quota meat to the USA by all exporters for shipping year 2003.
TZ01 is the recorded shipped equivalent weight of exports by all exporters to all destinations (including the USA) for shipping year 2001.
TZ02 is the recorded shipped equivalent weight of exports by all exporters to all destinations (including the USA) for shipping year 2002.
TZ03 is the recorded shipped equivalent weight of exports by all exporters to all destinations (including the USA) for shipping year 2003.
(5) If the amount of US beef quota worked out for an eligible exporter under subsection (3) is less than 12 000 kilograms, the US beef quota for the exporter is taken to be nil.
(6) The amount of US beef quota taken to remain unallocated because of the operation of subsection (5) is to be redistributed among the eligible exporters in proportion to the amount of US beef quota allocated to each of them under subsection (3).
(7) After an eligible exporter’s US beef quota has been worked out under subsection (3) and the fee prescribed by the Australian Meat and Live-stock (Quotas) Amendment Regulations 2003 for allocation of the quota has been paid, the Secretary must credit the exporter’s quota account with the amount of the US beef quota.
Transfer of US beef quota
(1) Subject to subsection (2) an eligible exporter may transfer all or part of its US beef quota for quota year 2004 to another exporter in accordance with this section.
(2) If an eligible exporter (transferor) wishes to transfer all or part of its US beef quota to another exporter (transferee), it must notify the Department’s QA Unit, in writing, of the following information:
(a) the name of the transferor; and
(b) the name of the transferee; and
(c) the weight, in kilograms, of US beef quota to be transferred.
Note The Department’s QA Unit maintains an account (a quota account) for each eligible exporter. An eligible exporter’s quota is recorded in its quota account and exports by the exporter are recorded in the account as debits.
When unused US beef quota lapses
(1) An eligible exporter must, before 15 October 2004, give the Department a written declaration stating how it intends to deal with any unused US beef quota and whether it intends to relinquish any of that quota.
Note Before 15 October 2004, the Department intends to send each eligible exporter a notice asking it to tell the Department, in writing, how it intends to deal with any unused US beef quota.
(2) US beef quota entitlement not supported by requests for approval to the department QA unit under subsection 10 (3) (b) before 29 October 2004 lapses at the beginning of that day.
Note Any eligible exporter may apply for approval to export against lapsed US beef quota — see subsection 11 (1).
Part 4 Approvals
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
(iii) its AUS‑MEAT handbook cut number; and
(iv) the shipped weight (in kilograms); and
(v) whether it is chilled or frozen; and
(vi) whether it is bone-in or boneless, and the quantity of it in each form; and
(vii) 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 7 (2) about its US beef quota; and
(b) must be made to the Department’s QA Unit by 5 pm on 28 October 2004.
(4) The Secretary must give the eligible exporter an approval to export a consignment if:
(a) The exporter lodges an application for the approval in accordance with this section; and
(b) The total shipped weight of the consignment and quota meat already exported by the exporter in quota year 2004 is not more than the exporter’s US beef quota for that year.
Approval to export from the uncommitted amount
(1) An eligible exporter may apply, after 1 November 2004, for approval to export a consignment up to the access amount if:
(a)an amount of US beef quota lapses under section 9; and
(b)the total of all exports approved under this Part is less than the access amount.
(2) Section 10 (except subsection 10 (3) (b)) applies to an application under this section.
(3) The Secretary must give to the eligible exporter an approval to export a consignment if:
(a)The exporter lodges an application for the approval in accordance with this section; and
(b)The total amount of the consignment and quota meat already approved for export by all eligible exporters in quota year 2004 under section 10 is not more than the access amount.
Duration of approvals
(1) An approval (other than an approval given under subsection 11 (1)) lapses if the eligible exporter to which it is given does not receive a US beef certificate for the approved consignment before the earlier of the following:
(a) 5 pm on 28 October 2004;
(b) 3 months after the issue of the approval.
(2) An approval given under subsection 11 (1) lapses if the eligible exporter to which it is given does not receive a US beef certificate for the approved consignment within 4 weeks after the approval is given.
(3) An approval under subsection 11 (1) lapses at the end of 31 December 2004 if the approved consignment is not accepted into the USA on or before that day.
How much quota meat an exporter has exported
(1) For this Part and subject to subsections (2), (3) and (4), an eligible exporter is taken to have exported the shipped weight of quota meat shown in approvals given to the exporter under this Part.
(2) If:
(a) the shipped weight of quota meat in a consignment (the actual shipped weight) is less than the shipped weight stated in the approval for the consignment (the approved shipped weight);
(b) the identifying number of the approval is shown on the consignment information; and
(c) the exporter gives that information to the Department’s QA Unit by 5 pm on 28 October 2004;
the exporter is not taken to have exported the difference between the actual shipped weight and the approved shipped weight.
(3) If an approval for a consignment lapses before 5 pm on 31 October 2004 and before the consignment is exported, the eligible exporter is taken not to have exported the shipped weight of quota meat stated in the approval.
(4) If a consignment is refused entry to the USA, the eligible exporter is taken not to have exported the consignment if the exporter returns all copies of the US beef certificate for the consignment to the Department’s QA Unit by the earlier of the following:
(a) 5 pm on 28 October 2004; or
(b) 3 months after the day the export leaves Australia.
Part 5 US beef certificates
How to obtain a US beef certificate
(1) An eligible exporter may obtain a US beef certificate for a consignment for which the Department has issued an approval by:
(a) making an entry for the consignment in EXDOC; or
(b) making a written application to the Department.
(2) An application under paragraph (1) (b) must be lodged with the Department’s QA Unit.
Grant of US quota certificate
The Secretary must issue a US beef certificate to an eligible exporter if the exporter:
(a) has an approval; and
(b) makes an entry or applies under section 14.
Note A US beef certificate that is issued to an eligible exporter on or before 31 December 2003 for a consignment that is intended for entry to the USA after 1 January 2004 will not be able to be used until on or after 1 January 2004.
When a US beef certificate lapses
A US beef certificate lapses if the consignment to which it applies is not accepted for entry into the USA before 1 January 2005.
Part 6 Miscellaneous
Where to send notices and documents
If a section of this Order requires a person to give a document, lodge an application or provide information to the Department’s QA Unit, the document, application or information must be sent in one of the following ways:
(a) by post to:
Quota Administration & Statistics Unit
Australian Government Department of Agriculture, Fisheries and Forestry
GPO Box 858
CANBERRA ACT 2601
(b) by email to:
(c) by facsimile to:
02 6272 4585.
Cessation
This Order ceases to have effect at the end of 31 December 2004 unless earlier revoked.
Notes to the Australian Meat and Live-stock Industry (Beef Export to the United States of America — Quota Year 2004) Order 2003
Note 1
The Australian Meat and Live-stock Industry (Beef Export to the United States of America — Quota Year 2004) Order 2003 (in force under section 17 of the Australian Meat and Live-stock Industry Act 1997) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
| Title | Date of notification | Date of | Application, saving or |
| Australian Meat and Live-stock Industry (Beef Export to the United States of America — Quota Year 2004) Order 2003 | 5 Nov 2003 (see Gazette 2003, No. GN44) | 5 Nov 2003 | |
| Australian Meat and Live-stock Industry (Beef Export to the United States of America —Quota Year 2004) Amendment Order 2003 (No. 1) | 17 Dec 2003 (see Gazette 2003, No. GN50) | 17 Dec 2003 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| S. 7......................................... | am. 2003 No. 1 |
0
0
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