Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union Quota Year 2011) Amendment Order 2011 (Cth)
Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union — Quota Year 2011) Amendment Order 20111
Australian Meat and Live-stock Industry Act 1997
I, SIMON MURNANE, 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 1 December 2011
SIMON MURNANE
Delegate of the Secretary of the Department of Agriculture, Fisheries and Forestry
Name of Order
This Order is the Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union — Quota Year 2011) Amendment Order 2011.
Commencement
This Order commences on the day after it is registered.
Amendment of Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union — Quota Year 2011) Order 2010
Schedule 1 amends the Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union — Quota Year 2011) Order 2010.
Schedule 1 Amendments
(section 3)
[1] Section 3 (definition of access amount)
insert, after ‘during the year’
, not including the additional access amount
[2] Section 3
insert
additional access amount means the additional carcase equivalent weight of quota meat that may, under the law of the EU dealing with Community tariff quotas for sheepmeat and goatmeat, be exported from Australia to the EU during 2011, that was allowed by the EU after 1 November 2011.
additionalEU quota means the additional quantity of quota meat that an eligible exporter is entitled to export to the EU by operation of Part 3A.
[3] Section 3 (definition of EU quota, after ‘to the EU’)
insert
by operation of Part 3
[4] After section 10
insert
Part 3A Additional EU quota for 2011
10A What this Part does
This Part sets out how an additional EU quota is obtained and how to work out an exporter’s additional EU quota for quota year 2011.
10B Application of Part 3 of this Order
Unless otherwise stated, Part 3 of this Order does not apply in relation to the additional access amount.
10C Definitions
In this Part:
prescribedfee means the prescribed fee referred to in section 6 of the Quotas Act.
10D How additional EU quota is obtained
(1) The Secretary may invite exporters who exported sheepmeat or goatmeat to Romania or Bulgaria between 2002 and 2004 to apply for an additional EU quota for quota year 2011.
(2) An exporter may, within 7 days of receiving an invitation from the Secretary, apply for an additional EU quota
(3) The application must be made in writing to the QA Unit in the form approved by the Secretary for the purposes of subsection 6 (2).
10E How additional EU quota is worked out
(1) If an exporter applies for an additional EU quota, the Secretary must allocate to the exporter, as the exporter’s additional EU quota for quota year 2011, an amount determined by the Secretary based on the amount of sheepmeat and goatmeat the exporter exported to Bulgaria and Romania in 2002, 2003 and 2004.
(2) If the Secretary allocates additional EU quota under section 6 of the Quotas Act, the Secretary must give to the exporter a notice stating the shipped weight of the quota meat that the exporter is entitled to export under the additional quota.
(3) If the prescribed fee for an allocation, or a portion of an allocation, referred to in subsection (2) has been paid within 7 days of the date of the notice, the Secretary must credit the exporter’s quota account with the corresponding amount of the additional EU quota.
10F When amount is taken not to have been allocated
An amount that has been allocated under section 10E is taken not to have been allocated for the purposes of section 10G, and is not credited to the exporter’s quota account, if:
(a) the prescribed fee that relates to that amount has not been paid within 7 days of the date of the notice referred to in subsection10E (2); or
(b) the prescribed fee that relates to that amount has been paid within 7 days of the date of the notice referred to in subsection 10E (2), but the exporter has not applied for an approval in relation to that amount under section 11 by 16 December 2011.
Note An amount may correspond to an allocation, or a portion of an allocation.
10G Re-distribution of unallocated additional access amount
(1) This section applies if the total amount allocated under this Part is less than the additional access amount.
(2) The Secretary may invite exporters to apply for an additional EU quota for quota year 2011.
(3) An eligible exporter may apply for allocation of an additional EU quota for quota year 2011.
(4) An application under subsection (3) must be made in writing to the QA Unit in the form approved by the Secretary for the purposes of subsection 6 (2).
(5) The Secretary may allocate additional EU quotas to eligible exporters in the order their applications under subsection (3) are received, so long as the total of all allocations under this Part is no more than the additional access amount.
(6) If the Secretary allocates additional EU quota to an exporter under subsection (5), the Secretary must give to the exporter a notice stating the shipped weight of the quota meat that the exporter is entitled to export under the quota.
(7) The Secretary must credit the exporter’s quota account with the amount of the additional EU quota:
(a) in the case of quota for which the prescribed fee has already been paid before the re-allocation under this section—immediately; and
(b) in any other case—after payment of the prescribed fee.
10H How much quota meat an exporter has exported
Section 9 applies in relation to additional EU quota as if ‘21 October 2011’ were replaced with ‘30 December 2011’.
[5] Subsection 11(3)
insert, after ‘approval’
in relation to the access amount
[6] After subsection 11(3)
insert
(4) An application for approval in relation to the additional access amount:
(a) must not be made to the Secretary before the exporter receives a notice under section 10D about its additional EU quota; and
(b) must be made to the QA Unit by 30 December 2011.
[7] Section 14
insert
(1A) This section does not apply to an approval in relation to the additional EU quota.
[8] After section 14
insert
14A Duration of approvals — additional EU quota
(1) This section applies to approvals in relation to the additional EU quota.
(2) An approval lapses at the end of 31 December 2011 if the approved export is not accepted into a member country of the EU on or before that day.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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