Australian Meat and Live-stock Industry (Beef Export to the USA—Quota Years 2016-2022) Order 2015 (Cth)
Australian Meat and Live‑stock Industry (Beef Export to the USA—Quota Years 2016‑2022) Order 2015
I, Jennifer Cupit, delegate of the Secretary of the Department of Agriculture and Water Resources, make the following order.
Dated 22 December 2015
Jennifer Cupit
Delegate of the Secretary of the Department of Agriculture and Water Resources
Contents
Part 1—Preliminary 1
1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Schedules...................................................................................................................... 1
5............ Purpose......................................................................................................................... 1
6............ Definitions..................................................................................................................... 1
Part 2—Approvals until trigger threshold reached 5
7............ Approvals to export quota beef until trigger threshold reached..................................... 5
8............ What happens if export cannot be completed?............................................................... 5
Part 3—Approvals after trigger threshold reached 7
9............ Calculation of exporter’s PTE....................................................................................... 7
10.......... Notice before trigger threshold reached—exporter’s PTE............................................. 7
11.......... Notice about trigger threshold being reached and intended use of exporter’s PTE........ 7
12.......... Transfer of exporter’s PTE............................................................................................ 8
13.......... Allocation of quota........................................................................................................ 8
14.......... Use of allocated quota................................................................................................... 8
15.......... Use of uncommitted quota............................................................................................. 9
16.......... What happens if export cannot be completed?............................................................... 9
Part 4—Miscellaneous 11
17.......... Review of certain decisions......................................................................................... 11
18.......... Where to send notices.................................................................................................. 11
19.......... Repeal.......................................................................................................................... 11
Part 5—Application and transitional provisions 12
20.......... Definitions................................................................................................................... 12
21.......... Application—repeal of 2014 order.............................................................................. 12
22.......... Transitional—applications relating to quota beef to be exported on or after 1 January 2016 12
23.......... Transitional—approvals relating to quota beef to be exported on or after 1 January 2016 12
Schedule 1—Repeals 13
Australian Meat and Live‑stock (Beef Export to the USA—Quota Years 2015‑2021) Order 2014 13
Part 1—Preliminary
1 Name
This is the Australian Meat and Live-stock Industry (Beef Export to the USA—Quota Years 2016-2022) Order 2015.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this instrument | The day after this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under section 17 of the Australian Meat and Live‑stock Industry Act 1997.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Purpose
This instrument sets out the conditions under which quota beef can be exported to the USA at a tariff rate of zero.
Note: A set amount of beef can be exported to the USA at zero tariff in each year (see the definition of access amount in section 6) and must be covered by a US beef quota certificate. A higher tariff rate applies for imports of beef over the access amount or not accompanied by a US beef quota certificate.
6 Definitions
In this instrument:
access amount, for a quota year, means:
(a) for 2016—418 214 000 kilograms; or
(b) for 2017 and 2018—423 214 000 kilograms; or
(c) for 2019—428 214 000 kilograms; or
(d) for 2020—433 214 000 kilograms; or
(e) for 2021—438 214 000 kilograms; or
(f) for 2022—448 214 000 kilograms.
consignment means a single shipment of quota beef (by sea or air) by an exporter to a single consignee.
eligible export, in relation to a quota year, means an export to the USA of quota beef during the 2‑year period that:
(a) begins on the 1 November that occurs 26 months before the start of the quota year; and
(b) ends on 31 October immediately before the start of the quota year.
EXDOC means the electronic documentation system maintained by the Department.
export deadline, in relation to a consignment of quota beef covered by a US beef quota certificate, means:
(a) if the US beef quota certificate is granted on or after 1 October in the quota year for which the consignment is to be exported—the end of the quota year; or
(b) in any other case—the end of the period of 3 months beginning on the day the US beef quota certificate is granted for the consignment.
exporter means the holder of a meat export licence, issued under section 10 of the Australian Meat and Live‑stock Industry Act 1997, that permits the holder to export a beef product to the USA.
processed meat has the same meaning as in the Harmonized Tariff Schedule of the United States.
Note 1: The definition in Chapter 2 of the Harmonized Tariff Schedule is as follows: “The term ‘processed’ covers meats which have been ground or comminuted, diced or cut into sizes for stew meat or similar uses, rolled and skewered, or specially processed into fancy cuts, special shapes, or otherwise made ready for particular uses by the retail consumer.”.
Note 2: The Harmonized Tariff Schedule of the United States is part of 19 USC Chapter 4 (the Tariff Act of 1930). Its implementation was authorised by 19 USC Chapter 18. The full Harmonized Tariff Schedule could in 2015 be viewed on the United States International Trade Commission’s website ( (short for provisional trigger entitlement), for an exporter for a quota year, means the amount calculated under section 9.
QA Unit means the section of the Department known as the Quota Administration Unit.
Note: The address of the Department’s QA Unit is given in section 18.
quota beef means fresh, chilled or frozen meat derived from cattle that is classified in any of the following classifications of the Harmonized Tariff Schedule of the United States:
(a) 0201.10.10;
(b) 0201.20.10;
(c) 0201.20.30;
(d) 0201.20.50;
(e) 0201.30.10;
(f) 0201.30.30;
(g) 0201.30.50;
(h) 0202.10.10;
(i) 0202.20.10;
(j) 0202.20.30;
(k) 0202.20.50;
(l) 0202.30.10;
(m) 0202.30.30;
(n) 0202.30.50;
(o) 9913.02.05;
but does not include any of the following:
(p) edible offal;
(q) canned or processed meat;
(r) meat loaded onto a ship as part of the ship’s stores.
Note: The Harmonized Tariff Schedule of the United States is part of 19 USC Chapter 4 (the Tariff Act of 1930). Its implementation was authorised by 19 USC Chapter 18. The full Harmonized Tariff Schedule could in 2015 be viewed on the United States International Trade Commission’s website ( year means a calendar year beginning on or after 1 January 2016.
trigger threshold, in relation to a quota year in which, before 1 October of the quota year, the total weight of quota beef for which US beef quota certificates have been granted equals 85% of the access amount, is 85% of the access amount for the quota year.
uncommitted quota, for a quota year in which the trigger threshold is reached, means any part of the access amount for the quota year that is:
(a) not covered by a US beef quota certificate; and
(b) not part of the quota allocated to any exporter under section 13.
Note 1: Quota beef covered by a US beef quota certificate granted under section 7 that is cancelled on or after the day the trigger threshold is reached for a quota year becomes uncommitted quota: see subsection 8(7).
Note 2: Quota beef covered by a US beef quota certificate granted under section 15 that is cancelled becomes uncommitted quota: see subsection 16(7).
USA includes Puerto Rico.
US beef quota certificate means a certificate authorising the entry of beef into the USA at a tariff rate of zero.
working day means a day that is not any of the following:
(a) a Saturday or Sunday;
(b) a public holiday in the Australian Capital Territory;
(c) a day in the period beginning on 27 December and ending on 31 December in a year.
Part 2—Approvals until trigger threshold reached
7 Approvals to export quota beef until trigger threshold reached
(1) An exporter may apply to the Secretary for approval to export a consignment of quota beef in a quota year.
(2) The application must be made by making an entry in EXDOC for the consignment.
(3) The Secretary must approve the application and grant a US beef quota certificate for the consignment if:
(a) the total weight of quota beef for which US beef quota certificates have already been granted for the quota year is not more than the access amount for the quota year; and
(b) the trigger threshold for the quota year has not been reached; and
(c) approving the application will not result in the trigger threshold being exceeded.
(4) If approving the application will result in the trigger threshold being exceeded, the Secretary may approve the application to the extent that the trigger threshold is not exceeded and grant a US beef quota certificate for part of the consignment.
(5) If approving the application will result in the access amount for the quota year being exceeded, the Secretary may approve the application to the extent that the access amount is not exceeded and grant a US beef quota certificate for part of the consignment.
(6) If the Secretary approves the application, the Secretary must:
(a) make an entry reflecting the grant of a US beef quota certificate for the consignment, or part of the consignment, in an electronic system maintained by the Department; and
(b) on the day that the US beef quota certificate for the consignment, or part of the consignment, is granted, notify the applicant of the grant of the certificate.
8 What happens if export cannot be completed?
(1) If a US beef quota certificate is granted for a consignment under section 7, but export of the consignment is not, or cannot be, completed by the export deadline, the exporter may give the QA Unit notice of that fact and the reasons why the export could not be completed by the export deadline.
(2) If the exporter gives the QA Unit notice in accordance with subsection (1) before the export deadline, the Secretary may vary the US beef quota certificate in any respect.
(3) If the Secretary varies the US beef quota certificate, the Secretary must:
(a) make an entry reflecting the variation to the certificate in an electronic system maintained by the Department; and
(b) notify the holder of the certificate of the variation to the certificate.
(4) If the exporter does not give the QA Unit notice in accordance with subsection (1) before the export deadline, or the exporter gives notice but the Secretary does not vary the US beef quota certificate before the export deadline, then the Secretary may cancel the certificate.
(5) If the Secretary cancels the US beef quota certificate, the Secretary must:
(a) make an entry reflecting the cancellation of the certificate in an electronic system maintained by the Department; and
(b) notify the holder of the certificate of the cancellation.
(6) If a US beef quota certificate granted under section 7 for export of a consignment in a quota year is cancelled before the day the trigger threshold is reached for the quota year, the certificate is taken never to have been granted.
(7) If a US beef quota certificate granted under section 7 for export of a consignment in a quota year is cancelled on or after the day the trigger threshold is reached for the quota year, the amount of quota beef for which the certificate was granted becomes uncommitted quota.
Part 3—Approvals after trigger threshold reached
9 Calculation of exporter’s PTE
(1) Subject to subsections (2) and (3), the amount of an exporter’s PTE for a quota year is:
where:
AA is the access amount for the quota year.
TA is the total (in kilograms) of all eligible exports in relation to the quota year.
TE is the total (in kilograms) of the exporter’s eligible exports in relation to the quota year.
(2) If the amount of an exporter’s PTE for a quota year calculated under subsection (1) is less than 1 000 kilograms, the exporter’s PTE for the quota year is zero.
(3) If the total PTE for all exporters for a quota year, as determined under subsections (1) and (2), is less than 15% of the access amount for the quota year, the difference between 15% of the access amount and the total PTE is to be apportioned to the exporters in proportion to each exporter’s PTE.
10 Notice before trigger threshold reached—exporter’s PTE
(1) If the Secretary believes the trigger threshold is likely to be reached in a quota year, the Secretary must give a notice to each exporter that has made an eligible export in relation to the quota year.
(2) The notice must:
(a) state the amount (if any) of the exporter’s PTE for the quota year; and
(b) state that, if the exporter wishes the PTE to be allocated to the exporter after the trigger threshold is reached (if it occurs), the exporter must acknowledge the notice before the date specified in the notice; and
(c) specify the way in which the notice is to be acknowledged.
11 Notice about trigger threshold being reached and intended use of exporter’s PTE
(1) If the trigger threshold is reached in a quota year, the Secretary must, on the day that the trigger threshold is reached, send each exporter that made an eligible export in relation to the quota year a notice stating:
(a) the date on which the trigger threshold was reached; and
(b) if the exporter has acknowledged a notice sent under section 10—the amount of the exporter’s PTE and that the exporter is authorised to deal with its PTE.
(2) An exporter who is notified of an amount of PTE under paragraph (1)(b) must, before the end of the tenth working day after the day the trigger threshold is reached, notify the QA Unit in writing:
(a) whether the exporter intends to deal with some or all of the exporter’s PTE to export quota beef; and
(b) if so—the amount of the PTE that the exporter intends to export.
12 Transfer of exporter’s PTE
(1) An exporter that has been authorised to deal with its PTE under subsection 11(1) may transfer all or part of the PTE, other than an amount of PTE notified to the QA Unit by the exporter under paragraph 11(2)(b), to another exporter.
(2) An exporter that is transferring an amount of PTE must give notice of the transfer to the QA Unit before the end of the tenth working day after the day the trigger threshold is reached.
(3) A transfer has no effect for the purposes of this instrument if notice is not given in accordance with subsection (2).
13 Allocation of quota
The Secretary must allocate the following amounts as quota to an exporter:
(a) any amount of PTE notified to the QA Unit by the exporter under paragraph 11(2)(b) that has not been transferred by the exporter to another exporter under section 12;
(b) any amount of PTE transferred to the exporter in accordance with section 12.
14 Use of allocated quota
(1) An exporter that has been allocated quota for a quota year under section 13 may apply for an approval under this section to export a consignment of quota beef in the quota year.
(2) An application must be made by making an entry in EXDOC for the consignment.
(3) The Secretary must approve the export of the consignment and grant a US beef quota certificate for the consignment if the sum of:
(a) the weight of the consignment; and
(b) the total weight of quota beef for which US beef quota certificates have already been granted to the exporter for the quota year under this section;
is not more than the exporter’s allocated quota for the quota year under section 13.
(4) If the Secretary approves the application, the Secretary must:
(a) make an entry reflecting the grant of a US beef quota certificate for the consignment in an electronic system maintained by the Department; and
(b) on the day that the US beef quota certificate for the consignment is granted, notify the applicant of the grant of the certificate.
15 Use of uncommitted quota
(1) An exporter may apply to the Secretary for approval under this section to export a consignment of quota beef in a quota year if:
(a) there is an amount of uncommitted quota for the quota year; and
(b) approval to export the consignment could not be given under section 14.
(2) The application must be made by making an entry in EXDOC for the consignment.
(3) The Secretary must approve the application and grant a US beef quota certificate for the consignment if:
(a) the weight of the consignment is not more than the amount of uncommitted quota for the quota year; and
(b) there are no further allocations under section 13 to be made in relation to the quota year; and
(c) approval to export the consignment could not be given under section 14.
(4) If approving the application will result in the amount of uncommitted quota for the quota year being exceeded, the Secretary may approve the application to the extent that the uncommitted quota amount is not exceeded and grant a US beef quota certificate for part of the consignment.
(5) If the Secretary approves the application, the Secretary must:
(a) make an entry reflecting the grant of a US beef quota certificate for the consignment, or part of the consignment, in an electronic system maintained by the Department; and
(b) on the day that the US beef quota certificate for the consignment, or part of the consignment, is granted, notify the applicant of the grant of the certificate.
16 What happens if export cannot be completed?
(1) If a US beef quota certificate is granted for a consignment under section 14 or 15, but export of the consignment is not, or cannot be, completed by the export deadline, the exporter may give the QA Unit notice of that fact, and the reasons why the export could not be completed by the export deadline.
(2) If the exporter gives the QA Unit notice in accordance with subsection (1) before the export deadline, the Secretary may:
(a) vary the US beef quota certificate in any respect; or
(b) cancel the US beef quota certificate.
(3) If the exporter does not give the QA Unit notice in accordance with subsection (1) before the export deadline, or the exporter gives notice but the Secretary does not vary or cancel the US beef quota certificate before the export deadline, then the Secretary may cancel the certificate.
(4) If the Secretary varies the US beef quota certificate under subsection (2), the Secretary must:
(a) make an entry reflecting the variation to the certificate in an electronic system maintained by the Department; and
(b) notify the holder of the certificate of the variation to the certificate.
(5) If the Secretary cancels the US beef quota certificate under subsection (2) or (3), the Secretary must:
(a) make an entry reflecting the cancellation of the certificate in an electronic system maintained by the Department; and
(b) notify the holder of the certificate of the cancellation.
(6) If a US beef quota certificate granted under section 14 for export of a consignment in a quota year is cancelled, the certificate is taken never to have been granted.
(7) If a US beef quota certificate granted under section 15 for export of a consignment in a quota year is cancelled, the amount of quota beef for which the certificate was granted becomes uncommitted quota.
Part 4—Miscellaneous
17 Review of certain decisions
An exporter may apply to the Administrative Appeals Tribunal for review of a decision of the Secretary to:
(a) vary or not vary a US beef quota certificate under section 8 or 16; or
(b) cancel or not cancel a US beef quota certificate under section 8 or 16.
18 Where to send notices
If a provision of this instrument requires or permits a person to give notice to the QA Unit, the notice must be sent in one of the following ways:
(a) by post to:
Quota Administration Unit
Department of Agriculture and Water Resources
GPO Box 858
CANBERRA ACT 2601;(b) by email to:
[email protected].
19 Repeal
This instrument is repealed at the end of 31 December 2022.
Part 5—Application and transitional provisions
20 Definitions
In this Part:
2014 order means the Australian Meat and Live‑stock Industry (Beef Export to the USA—Quota Years 2015‑2021) Order 2014, as in force immediately before the commencement of this instrument.
2015 quota year means the calendar year beginning on 1 January 2015.
21 Application—repeal of 2014 order
The repeal of the 2014 order by item 1 of Schedule 1 to this instrument applies in relation to an export of quota beef for a quota year beginning on or after 1 January 2016.
Note: This means that applications and approvals may still be made and given under the 2014 order after the commencement of this instrument in relation to consignments of quota beef to be exported as part of the access amount for the 2015 quota year.
Transitional—applications relating to quota beef to be exported on or after 1 January 2016
Despite section 21, an application made under section 7 of the 2014 order for approval to export a consignment of quota beef for the quota year beginning on 1 January 2016 is taken to have been made under section 7 of this instrument.
Transitional—approvals relating to quota beef to be exported on or after 1 January 2016
(1) Despite section 21, an approval given under section 7 of the 2014 order to export a consignment of quota beef for the quota year beginning on 1 January 2016 is taken to be an approval to export the consignment under section 7 of this instrument.
(2) Despite section 21, a US beef quota certificate granted under section 7 of the 2014 order for a consignment of quota beef to be exported for the quota year beginning on 1 January 2016 is taken to be a US beef quota certificate granted under section 7 of this instrument.
Note: The export deadline for the approved consignment of quota beef is the end of the period of 3 months beginning on the day the US beef quota certificate is granted for the consignment.
Schedule 1—Repeals
Australian Meat and Live‑stock (Beef Export to the USA—Quota Years 2015‑2021) Order 2014
1 The whole of the order
Repeal the order.
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