Export Control (Sheepmeat and Goatmeat Export to the European Union Tariff Rate Quotas) Order 2016 (Cth)
Export Control (Sheepmeat and Goatmeat Export to the European Union Tariff Rate Quotas) Order 2016
I, Jennifer Cupit, delegate of the Secretary of the Department of Agriculture and Water Resources, make the following order.
Dated 7 September 2016
Jennifer Cupit
Assistant Secretary
Residues and Food Branch
Exports Division
Department of Agriculture and Water Resources
Contents
Part 1—Preliminary 1
1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Purpose of this instrument............................................................................................. 1
5............ Definitions..................................................................................................................... 1
6............ Meaning of tariff rate quota entitlement........................................................................ 3
Part 2—Australian tariff rate quota 5
Division 1—General 5
7............ Purpose of this Part....................................................................................................... 5
Division 2—Allocation of tariff rate quota entitlements etc. 6
8............ Application for allocation of tariff rate quota entitlement............................................... 6
9............ Allocation of tariff rate quota entitlements..................................................................... 6
10.......... Working out amount of tariff rate quota entitlement...................................................... 6
11.......... Increasing tariff rate quota entitlements in certain circumstances................................... 7
12.......... Transfer of tariff rate quota entitlements........................................................................ 8
Division 3—Unused tariff rate quota entitlements 9
13.......... Relinquishment of unused tariff rate quota entitlement before 1 November.................. 9
14.......... Declaration etc. relating to unused tariff rate quota entitlement...................................... 9
Division 4—Tariff rate quota certificates 11
15.......... Tariff rate quota certificates in relation to exporter’s tariff rate quota entitlement......... 11
16.......... Tariff rate quota certificates in relation to lapsed tariff rate quota entitlements............. 11
Division 5—Miscellaneous matters 13
17.......... How to work out how much eligible meat has been exported..................................... 13
18.......... Transfer of export records........................................................................................... 13
19.......... Errors in export records............................................................................................... 14
Part 3—Erga omnes tariff rate quota 15
20.......... Purpose of this Part..................................................................................................... 15
21.......... Tariff rate quota certificates for erga omnes tariff rate quota........................................ 15
Part 4—Review 16
22.......... Application for reconsideration by Secretary of a decision under Part 3..................... 16
23.......... Secretary to reconsider decision.................................................................................. 16
24.......... Review by Administrative Appeals Tribunal............................................................... 16
Part 5—Miscellaneous 17
25.......... Decisions made by computer....................................................................................... 17
Part 6—Savings provisions 18
26.......... Transfer of exports in performance year starting on 1 November 2015...................... 18
27.......... Record of exports given before 1 January 2017.......................................................... 18
28.......... Repeal of this Part....................................................................................................... 18
Part 1—Preliminary
1 Name
This instrument is the Export Control (Sheepmeat and Goatmeat Export to the European Union Tariff Rate Quotas) Order 2016.
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. | 13 September 2016 |
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 23A of the Export Control Act 1982.
4 Purpose of this instrument
This instrument provides for, and in relation to, the establishment and administration of:
(a) a system of tariff rate quotas for the export from Australia to a member country of the EU of eligible meat in a quota year under the Australian tariff rate quota; and
(b) a system of tariff rate quotas for the export from Australia to a member country of the EU of eligible meat in a quota year under the erga omnes tariff rate quota.
Note: A certain weight of eligible meat may be exported to a member country of the EU at a zero tariff rate. Eligible meat must be covered by a tariff rate quota certificate to be eligible for the zero tariff rate. A higher tariff rate may apply to eligible meat exported to a member country of the EU and not covered by a tariff rate quota certificate.
5 Definitions
In this instrument:
access amount for a quota year means the total carcase equivalent weight of eligible meat that may be exported from Australia to a member country of the EU in the quota year under the Australian tariff rate quota.
Australian tariff rate quota means the annual Union import tariff quota for CN code 0204 that is specified for Australia in the Annex to the Commission Implementing Regulation (EU) No 1354/2011, as in force from time to time.
carcase equivalent weight means:
(a) for bone‑in eligible 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.
consignment means a single shipment (by sea or air) of eligible meat by an exporter to a single consignee.
consignment information in relation to the proposed export of a consignment of eligible meat by an exporter means the following information:
(a) the exporter’s name;
(b) the number of the exporter’s licence issued under section 10 of the Australian Meat and Live‑stock Industry Act 1997 which allows the exporter to export sheepmeat or goatmeat to the EU;
(c) whether the eligible meat is chilled or frozen;
(d) whether the eligible meat is bone‑in or boneless, and the carcase equivalent weight (in kilograms) of it in each form;
(e) the name of the importer;
(f) the estimated shipped weight (in kilograms) of the eligible meat;
(g) the intended port of loading and the expected date of loading;
(h) the name of the final destination country;
(i) the intended port of discharge.
eligible 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 tariff rate quota certificate is not required by the EU.
erga omnes tariff rate quota means the annual Union import tariff quota for CN code 0204 that is referred to as erga omnes in the Annex to the Commission Implementing Regulation (EU) No 1354/2011, as in force from time to time.
EU means the European Union.
EU‑accredited establishment means premises that:
(a) are under the full‑time inspection and supervision of the Department; and
(b) are registered under the Export Control Act 1982; and
(c) have been accredited by AUS‑MEAT Limited (ACN 082 528 881), and the Department, for the export of meat to the EU.
EXDOC means the electronic documentation system maintained by the Department.
export date for a consignment means:
(a) the expected date of loading specified in the consignment information in relation to the consignment; or
(b) if the Secretary varies that date to a later date at the request of the exporter—the later date.
exporter means the holder of a licence issued under section 10 of the Australian Meat and Live‑stock Industry Act 1997 allowing the holder to export sheepmeat or goatmeat to the EU.
initial decision means a decision referred to in subsection 22(1).
performance year means a period of 12 months beginning on 1 November 2016 or 1 November of a later year.
Quota Unit means the section of the Department that is responsible for managing the system of tariff rate quotas referred to in section 4.
quota year means a calendar year beginning on or after 1 January 2017.
shipped weight of eligible meat means the actual weight of the eligible meat (whether it is bone‑in or boneless).
tariff rate quota certificate means a certificate issued under section 15, 16 or 21.
tariff rate quota entitlement of an exporter for a quota year has the meaning given by section 6.
6 Meaning of tariff rate quota entitlement
(1) If an exporter is allocated an amount under subsection 9(2) as the exporter’s tariff rate quota entitlement for the quota year, the tariff rate quota entitlement of the exporter for the quota year is the allocated amount:
(a) as affected by any increase under subsection 11(1); and
(b) as affected by any transfer of tariff rate quota entitlement under section 12; and
(c) excluding any amount of that entitlement that has lapsed under Division 3 of Part 2.
(2) If:
(a) an exporter is not allocated an amount under subsection 9(2) as the exporter’s tariff rate quota entitlement for a quota year; and
(b) an amount of tariff rate quota entitlement for the quota year is transferred to the exporter under section 12;
the tariff rate quota entitlement of the exporter for the quota year is the amount so transferred excluding any amount of that entitlement that has lapsed under Division 3 of Part 2.
Part 2—Australian tariff rate quota
Division 1—General
7 Purpose of this Part
This Part provides for a system of tariff rate quotas for the export from Australia to a member country of the EU of eligible meat under the Australian tariff rate quota.
Division 2—Allocation of tariff rate quota entitlements etc.
8 Application for allocation of tariff rate quota entitlement
(1) The Secretary may:
(a) invite exporters to apply for an allocation of tariff rate quota entitlement for a quota year; and
(b) set a deadline for such applications.
(2) If the Secretary gives an invitation under subsection (1) in relation to a quota year, an exporter may apply to the Secretary for an allocation of tariff rate quota entitlement for the quota year.
(3) The application must be:
(a) given to the Quota Unit before the deadline set under paragraph (1)(b); and
(b) made in the form approved by the Secretary.
9 Allocation of tariff rate quota entitlements
(1) This section applies if an exporter has applied for an allocation of tariff rate quota entitlement for a quota year in accordance with section 8.
(2) Subject to subsection (3), the Secretary must allocate the following amounts to the exporter as the exporter’s tariff rate quota entitlement for the quota year:
(a) the amount worked out under section 10 for the exporter;
(b) any amount redistributed to the exporter for the quota year under paragraph (3)(b) of this section.
(3) If the amount worked out under section 10 for an exporter for a quota year is less than 12,000 kilograms:
(a) no tariff rate quota entitlement is to be allocated to the exporter for the quota year; and
(b) the amount is to be redistributed among the other exporters who must be allocated under subsection (2) an amount of tariff rate quota entitlement for the quota year in proportion to the amount worked out for each such exporter under section 10.
(4) If the Secretary allocates tariff rate quota entitlement for a quota year to an exporter, the Secretary must give the exporter a written notice stating the amount of the entitlement.
(5) If the Secretary does not allocate tariff rate quota entitlement for a quota year to an exporter, the Secretary must give the exporter written notice of this fact.
10 Working out amount of tariff rate quota entitlement
The Secretary must use the following formula to work out the amount to be allocated to an exporter as the exporter’s tariff rate quota entitlement for a quota year:
where:
AA means the access amount for the quota year.
exporter’s accredited exports is the carcase equivalent weight of all the exporter’s exports of eligible meat from an EU‑accredited establishment to any foreign country in the previous performance year, including amounts transferred to the exporter under section 18 in the previous performance year.
exporter’s quota exports is the carcase equivalent weight of the exporter’s exports of eligible meat in the previous performance year under the Australian tariff rate quota.
previous performance year is the performance year beginning on 1 November of the calendar year that began 2 years before the quota year began.
quota applicant is an exporter who applied for an allocation of tariff rate quota entitlement for the quota year in accordance with section 8.
total accredited exports is the carcase equivalent weight of all quota applicants’ exports of eligible meat from an EU‑accredited establishment to any foreign country in the previous performance year, including amounts transferred to an applicant under section 18 in the previous performance year.
total quota exports is the carcase equivalent weight of all quota applicants’ exports of eligible meat in the previous performance year under the Australian tariff rate quota.
Note: See Division 5 of this Part for provisions about how the carcase equivalent weight of exports is determined.
11 Increasing tariff rate quota entitlements in certain circumstances
(1) The Secretary may increase the amount of an exporter’s tariff rate quota entitlement for a quota year if:
(a) a country becomes a member country of the EU; and
(b) the access amount for the quota year is increased as a result; and
(c) the exporter exported eligible meat to the country before the year in which the country became a member country of the EU.
(2) For subsection (1), the year in which a country becomes a member country of the EU is the year determined by the EU.
(3) If the Secretary increases the amount of an exporter’s tariff rate quota entitlement for a quota year, the Secretary must give the exporter a written notice stating the amount of the increase.
12 Transfer of tariff rate quota entitlements
(1) Subject to subsection (2), an exporter (the transferor) may transfer all or part of the transferor’s tariff rate quota entitlement for a quota year to another exporter (the transferee) at any time before 1 November in the quota year.
(2) The transferor must notify the Quota Unit, in writing, of the following information:
(a) the name of the transferor;
(b) the name of the transferee;
(c) the carcase equivalent weight, in kilograms, of the amount of tariff rate quota entitlement transferred.
Division 3—Unused tariff rate quota entitlements
Relinquishment of unused tariff rate quota entitlement before 1 November
(1) An exporter may, at any time before 1 November in a quota year, make a declaration stating that the exporter relinquishes an amount of unused tariff rate quota entitlement of the exporter for the quota year.
(2) The declaration must be made in writing and given to the Quota Unit.
(3) If an exporter makes a declaration under subsection (1) in relation to a relinquished amount, the amount lapses at the time the declaration is given.
14 Declaration etc. relating to unused tariff rate quota entitlement
(1) An exporter who will have an amount (the unused quota amount) of tariff rate quota entitlement for a quota year that will be unused at the end of 31 October in the quota year must before the end of that day:
(a) make a declaration stating:
(i) any amount (the export amount) of the unused quota amount in relation to which the exporter intends to apply for one or more tariff rate quota certificates under section 15; and
(ii) any amount (the relinquished amount) of the unused quota amount that the exporter relinquishes; and
(b) give consignment information in relation to the proposed export of one or more consignments of eligible meat with a total carcase equivalent weight that is equal to any export amount stated by the exporter under subparagraph (a)(i).
(2) The declaration must be made in writing and given to the Quota Unit.
(3) The consignment information must be given in writing to the Quota Unit.
(4) If an exporter makes a declaration under subparagraph (1)(a)(ii), the relinquished amount lapses at the time the declaration is given.
Failure to give a declaration etc. relating to unused tariff rate quota entitlement
(5) If:
(a) an exporter has an amount of tariff rate quota entitlement for a quota year that is unused at the end of 31 October in the quota year; and
(b) the exporter does not comply with subsections (1) to (3) in respect of the unused amount;
the unused amount lapses at the start of 1 November in the quota year.
Failure to use tariff rate quota entitlement in relation to which consignment information was given
(6) If:
(a) an exporter gives the Quota Unit consignment information under paragraph (1)(b) in relation to the proposed export of a consignment of eligible meat; and
(b) the consignment information specified the carcase equivalent weight (the specified consignment weight) of the consignment; and
(c) before the export date for the consignment, the exporter has not applied for one or more tariff rate quota certificates under section 15 that in total specify a carcase equivalent weight (the certified consignment weight) equal to the specified consignment weight;
then, that amount of the exporter’s tariff rate quota entitlement for the quota year that is equal to the difference between the specified consignment weight and the certified consignment weight lapses at the start of the export date for the consignment.
Division 4—Tariff rate quota certificates
15 Tariff rate quota certificates in relation to exporter’s tariff rate quota entitlement
Application for tariff rate quota certificate
(1) An exporter who has a tariff rate quota entitlement for a quota year may apply to the Secretary for a tariff rate quota certificate for the export from Australia to a member country of the EU of a consignment of eligible meat in the quota year under the Australian tariff rate quota.
(2) The application must be made by making an entry in EXDOC for the consignment of eligible meat.
Issue of tariff rate quota certificate
(3) If an exporter applies under subsection (1) for a tariff rate quota certificate in relation to the export of a consignment of eligible meat in a quota year, the Secretary must issue the certificate to the exporter if the sum of the following is not more than the exporter’s tariff rate quota entitlement for the quota year:
(a) the total carcase equivalent weight of eligible meat that has been exported by the exporter in the quota year under the Australian tariff rate quota;
(b) the carcase equivalent weight of the consignment of eligible meat.
Effect of tariff rate quota certificate
(4) If a tariff rate quota certificate is issued under this section before the start of a quota year and the certificate relates to the export of a consignment of eligible meat in the quota year then the certificate has no effect before the start of that quota year.
(5) A tariff rate quota certificate issued under this section in relation to the export of a consignment of eligible meat in a quota year ceases to have effect if the consignment is not accepted for entry into a member country of the EU before the end of the quota year.
16 Tariff rate quota certificates in relation to lapsed tariff rate quota entitlements
Application for tariff rate quota certificate
(1) If:
(a) an amount of tariff rate quota entitlement for a quota year has lapsed under Division 3 of this Part; and
(b) an exporter has a tariff rate quota entitlement for the quota year;
the exporter may apply, after 31 October in the quota year, to the Secretary for a tariff rate quota certificate for the export from Australia to a member country of the EU of a consignment of eligible meat in the quota year under the Australian tariff rate quota.
(2) The application must be made by making an entry in EXDOC for the consignment of eligible meat.
Issue of tariff rate quota certificate
(3) If an exporter applies under subsection (1) for a tariff rate quota certificate in relation to the export of a consignment of eligible meat in a quota year, the Secretary must issue the certificate to the exporter if the sum of the following is not more than the access amount for the quota year:
(a) the total carcase equivalent weight of eligible meat that has been exported by all exporters in the quota year under the Australian tariff rate quota;
(b) the carcase equivalent weight of the consignment of eligible meat.
Effect of tariff rate quota certificate
(4) A tariff rate quota certificate issued under this section in relation to the export of a consignment of eligible meat in a quota year ceases to have effect if the consignment is not accepted for entry into a member country of the EU before the end of the quota year.
Division 5—Miscellaneous matters
17 How to work out how much eligible meat has been exported
(1) Subject to this section, if an exporter is issued a tariff rate quota certificate under section 15 or 16 in relation to a consignment of eligible meat, the exporter is taken to have exported the carcase equivalent weight of eligible meat stated in the certificate.
Consignment weight is less than weight stated in certificate
(2) If:
(a) the carcase equivalent weight of the consignment of eligible meat actually exported is less than the carcase equivalent weight stated in the tariff rate quota certificate for the consignment; and
(b) the certificate has been annotated by the relevant EU authority to show the carcase equivalent weight of eligible meat actually exported; and
(c) the exporter gives a copy of the annotated certificate to the Quota Unit by 5 pm on the next 31 October after the certificate was issued;
the exporter is not taken to have exported the difference between the weights.
No export of consignment
(3) If the exporter:
(a) does not export the consignment of eligible meat in the quota year; and
(b) gives all copies of the tariff rate quota certificate for the consignment to the Quota Unit by 5 pm on the next 31 October after the certificate was issued;
the exporter is not taken to have exported the carcase equivalent weight of eligible meat stated in the certificate.
Consignment is refused entry to the EU
(4) If:
(a) the consignment of eligible meat is refused entry to the EU in the quota year; and
(b) the exporter returns all copies of the tariff rate quota certificate for the consignment to the Quota Unit by the earlier of:
(i) 5 pm on the next 31 October after the certificate was issued; and
(ii) 3 months after the day the consignment leaves Australia;
the exporter is not taken to have exported the carcase equivalent weight of eligible meat stated in the certificate.
18 Transfer of export records
(1) An exporter (the transferor) may transfer all or part of the carcase equivalent weight of its exports of eligible meat from an EU‑accredited establishment in a performance year, other than exports under the Australian tariff rate quota, to another exporter (the transferee).
Note: Transfers of exports are taken into account in working out tariff rate quota entitlements (see section 10).
(2) The transfer must be carried out by giving the Quota Unit, before 5 pm on 7 November after the end of the performance year, a notice in writing setting out:
(a) the transferor’s name; and
(b) the transferee’s name; and
(c) the carcase equivalent weight, in kilograms, to be transferred.
19 Errors in export records
(1) If an exporter thinks that a record of its exports given to the exporter by the Quota Unit contains an error, the exporter must notify the Quota Unit in writing within 30 days after receiving the record.
(2) A notice of a possible error that is not given to the Quota Unit within the time allowed by subsection (1) is of no effect.
Part 3—Erga omnes tariff rate quota
20 Purpose of this Part
This Part provides for a system of tariff rate quotas for the export from Australia to a member country of the EU of eligible meat under the erga omnes tariff rate quota.
21 Tariff rate quota certificates for erga omnes tariff rate quota
Application for tariff rate quota certificate
(1) An exporter may apply to the Secretary for a tariff rate quota certificate for the export from Australia to a member country of the EU of a consignment of eligible meat in the quota year under the erga omnes tariff rate quota.
(2) The application must not be made more than 3 months before the start of the quota year.
(3) The application must be made by making an entry in EXDOC for the consignment of eligible meat.
Issue of tariff rate quota certificate
(4) If an exporter applies under subsection (1) for a tariff rate quota certificate in relation to the export of a consignment of eligible meat in a quota year, the Secretary may issue the tariff rate quota certificate to the exporter.
(5) If the Secretary decides not to issue the tariff rate quota certificate to the exporter, the Secretary must give the exporter a written notice that sets out:
(a) the terms of the decision; and
(b) the reasons for the decision; and
(c) particulars of the exporter’s right to have the decision reviewed under Part 4.
Effect of tariff rate quota certificate
(6) If a tariff rate quota certificate is issued under this section before the start of a quota year and the certificate relates to the export of a consignment of eligible meat in the quota year then the certificate has no effect before the start of that quota year.
(7) A tariff rate quota certificate issued under this section in relation to the export of a consignment of eligible meat in a quota year ceases to have effect if the consignment is not accepted for entry into a member country of the EU before the end of the quota year.
Part 4—Review
Application for reconsideration by Secretary of a decision under Part 3
(1) If:
(a) an exporter applies for a tariff rate quota certificate under subsection 21(1); and
(b) the Secretary decides not to issue the certificate to the exporter under subsection 21(4);
the exporter may apply to the Secretary to have the decision (the initial decision) reconsidered.
(2) An application must:
(a) be in writing; and
(b) set out the reasons for the application; and
(c) be lodged with the Secretary within 28 days after the date the exporter is notified of the initial decision or within such further period as the Secretary allows.
23 Secretary to reconsider decision
(1) On receipt of an application made under section 22, the Secretary:
(a) must reconsider the initial decision; and
(b) may make any decision that he or she might have made in the first instance.
(2) If the Secretary makes a decision under subsection (1) to set aside the initial decision, the initial decision ceases to have effect.
(3) The Secretary must give the applicant written notice of the Secretary’s decision under subsection (1) within 45 days after the day on which the application was received.
(4) The notice must set out the reasons for the Secretary’s decision.
24 Review by Administrative Appeals Tribunal
Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Secretary made under section 23.
Part 5—Miscellaneous
25 Decisions made by computer
(1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for making decisions under this instrument.
(2) A decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary.
Part 6—Savings provisions
Transfer of exports in performance year starting on 1 November 2015
(1) This section applies if:
(a) before or after the commencement of this instrument an exporter gives a notice under section 22 of the Australian Meat and Live‑stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2014; and
(b) the notice relates to a transfer of all or part of the carcase equivalent weight of the exporter’s exports of sheepmeat and goatmeat from an EU‑accredited establishment in the performance year starting on 1 November 2015 to another exporter.
(2) The transfer must be taken into account in working out the tariff rate quota entitlements of exporters for the quota year starting on 1 January 2017.
Record of exports given before 1 January 2017
(1) This section applies if:
(a) an exporter was given a record of the exporter’s exports under section 23 of the Australian Meat and Live‑stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2014 (the old order) before 1 January 2017; and
(b) immediately before that day, the 30‑day period referred to in that section has not ended.
(2) The record is taken, on and after 1 January 2017, to be a record given to the exporter under section 19 of this instrument on the day the record was given to the exporter under section 23 of the old order.
28 Repeal of this Part
This Part is repealed at the start of 1 January 2019.
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